senate Bill S7813A

Relates to licenses and permits regarding the manufacture of alcoholic beverages; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 11 / Jun / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 16 / Jun / 2014
    • PRINT NUMBER 7813A
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1650
  • 19 / Jun / 2014
    • SUBSTITUTED BY A10122

Summary

Relates to licenses and permits regarding the manufacture of alcoholic beverages; establishes a supplier's marketing permit to authorize a supplier to conduct tastings and provide samples of alcoholic beverages manufactured by such supplier to consumers; further establishes a supplier's special event permit.

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Bill Details

See Assembly Version of this Bill:
A10122
Versions:
S7813
S7813A
Legislative Cycle:
2013-2014
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Rpld §51 sub 6-a ¶¶(b) & (d), §52, §58-c sub 2 ¶¶(d) & (e), §76-a sub 3-a, amd §§51, 51-a, 56, 58, 58-c, 61, 76 & 76-a, ABC L

Sponsor Memo

BILL NUMBER:S7813A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to licenses and permits regarding the manufacture of
alcoholic beverages; and to repeal certain provisions of such law
relating thereto

Purpose: This bill would amend the Alcoholic Beverage Control Law
("ABCL") governing licenses and permits issued to alcoholic beverage
manufacturers, by:

(a)increasing the production caps on "farm" and "micro" manufacturers;

(b)allowing farm distilleries to operate a branch office;

(c)allowing all manufacturers to conduct tastings and sell, by the
bottle or glass, the alcoholic beverages they manufacture without a
separate license; and

(d)lowering the food requirement that must be met by manufacturers to
obtain an on-premises license.

Summary of Provisions:

Section 1 of this bill would add a new subdivision 3-a to ABCL § 51 to
allow brewers to conduct tastings and sell beer for on and
off-premises consumption at the brewery.

Section 2 of this bill would amend ABCL § 51(4) to allow brewers to
operate restaurants, hotels, catering establishments and other food
and drinking establishments at the brewery.

Section 3 of this bill would repeal ABCL § 51(6-a)(b) and (d).

Section 4 of this bill would add ABCL § 51(9) to set minimum
production requirements for brewers.

Section 5 of this bill would amend ABCL § 51-a(2)(g) to allow farm
brewers to operate restaurants, hotels, catering establishments and
other food and drinking establishments at the brewery.

Section 6 of this bill would amend ABCL § 51-a(10) to set minimum
production requirements for a farm brewer and increase the maximum
amount of beer and cider that can be produced by a farm brewery.

Section 7 of this bill would repeal ABCL § 52 to eliminate duplicative
provisions regarding bottle sales for brewers.

Section 8 of this bill would amend ABCL § 56(1)(a) to increase the
maximum amount of beer and cider that can be produced by a
micro-brewery.

Section 9 of this bill would add ABCL § 58(5) to set minimum
production requirements for cider.


Section 10 of this bill would repeal ABCL § 58-c(2)(d) and (e) to
eliminate duplicative provisions regarding bottle sales for farm
cideries.

Section 11 of this bill would amend ABCL § 58-c(2)(f) to allow farm
cideries to conduct tastings, sell by the glass and by the bottle, and
operate restaurants, hotels, catering establishments and other food
and drinking establishments at the cidery.

Section 12 of this bill would amend ABCL § 58-c(10) to set minimum
production requirements for cider by a farm cidery and to increase the
maximum amount of cider that can be produced by a farm cidery and sets
minimum production requirements for cider.

Section 13 of this bill would amend ABCL § 61(1-a) to increase the
maximum amount of liquor that can be produced by a micro-distiller.

Section 14 of this bill would amend ABCL § 61(2-b) to increase the
maximum amount of liquor that can be produced by a micro-rectifier.

Section 15 of this bill would amend ABCL § 61(2-c)(e) to allow farm
distillers to sell by the glass and by the bottle, and operate
restaurants, hotels, catering establishments and other food and
drinking establishments at the distillery.

Section 16 of this bill would amend ABCL § 61(2-c)(f) to increase the
amount of liquor that can be produced by a farm distiller.

Section 17 of this bill would add a new ABCL § 61(2-c)(g) to allow
farm distillers to operate a branch office.

Section 18 of this bill would add ABCL § 61(7) to set minimum
production requirements for liquor.

Section 19 of this bill would amend ABCL § 76(4) to allow wineries to
sell by the glass and by the bottle at the winery without a separate
permit.

Section 20 of this bill would amend ABCL § 76(4-a) to allow wineries
to operate restaurants, hotels, catering establishments and other food
and drinking establishments at the winery.

Section 21 of this bill would amend ABCL § 76(10) to eliminate
duplicative provisions regarding bottle sales for wineries.

Section 22 of this bill would add ABCL § 76(14) to set minimum
production requirements for wine.

Section 23 of this bill would amend ABCL § 76-a(2)(f) to allow farm
wineries to operate restaurants, hotels, catering establishments and
other food and drinking establishments at the winery.

Section 24 of this bill would repeal ABCL § 76-a(3-a) to eliminate
duplicative provisions regarding bottle sales for farm wineries.

Section 25 of this bill would amend ABCL § 76-a(8) to set minimum
production requirements of wine by a farm winery and to increase the


maximum amount of wine that can be produced by a farm winery and sets
minimum production requirements for wine.

Section 26 of this bill would provide that the hill would take effect
thirty days after it becomes law.

Existing Law: The current statutory scheme for manufacturers is
overly restrictive. Small manufacturers are incentivized against
growing by laws that increase manufacturers' licensing fees because of
any modest increase in alcohol beverage productions. Additionally,
manufacturers are limited in their ability to market their products.

Justification: The New York State Law Revision Commission's report on
the ABCL suggested the need for a complete revision of the laws
regarding licensed manufacturers and wholesalers. This bill addresses
some issues raised by the Commission, as well as concerns routinely
raised by manufacturers regarding the overly restrictive and confusing
laws that regulate their activities.

This bill would provide New York manufacturers with greater
opportunities to market their products by expanding the activities
that they can conduct at their facilities, including serving "by the
bottle" and "by the glass" as well as permitting small distilleries to
increase the retail outlets where they can sell, serve and offer
samples of their products. Moreover, this bill would reduce costs for
small manufacturers by permitting them to produce more of their
product at lower fees.

Legislative History: This is a new bill.

Budget Implications: There will be a minimal loss of revenue with the
elimination of the fees associated with the numerous permits issued to
New York manufacturers anticipated to be less than $100,000 annually.

Effective Date: This bill would take effect thirty days after it
becomes law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7813--A

                            I N  S E N A T E

                              June 11, 2014
                               ___________

Introduced  by Sens. MARCELLINO, VALESKY, GRIFFO, RITCHIE -- (at request
  of the Governor) -- read twice and ordered printed, and  when  printed
  to  be  committed  to  the  Committee on Investigations and Government
  Operations -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  licenses and permits regarding the manufacture of alcoholic beverages;
  and to repeal certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Section 51 of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 3-a to read as follows:
  3-A.  A  LICENSED BREWER MAY AT THE LICENSED PREMISES CONDUCT TASTINGS
OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED  PREMISES,
ANY  BEER  MANUFACTURED  BY  THE  LICENSEE OR ANY NEW YORK STATE LABELED
BEER. PROVIDED, HOWEVER, THAT FOR TASTINGS  AND  SALES  FOR  ON-PREMISES
CONSUMPTION,  THE  LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE
OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON  THE  PREMISES.  A
LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS
PROVISION:  (I)  SANDWICHES,  SOUPS  OR OTHER SUCH FOODS, WHETHER FRESH,
PROCESSED, PRE-COOKED OR FROZEN; AND/OR  (II)  FOOD  ITEMS  INTENDED  TO
COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVER-
SIFIED  SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF
TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE  STANDING  OR  WALKING,
INCLUDING  BUT  NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES,
BREADS, MUSTARDS AND CRACKERS.  ALL OF THE PROVISIONS  OF  THIS  CHAPTER
RELATIVE  TO  LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF
THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
  S 2. Subdivision 4 of section 51 of  the  alcoholic  beverage  control
law,  as  amended by chapter 100 of the laws of 1940, is amended to read
as follows:
  4.   A LICENSED BREWERY MAY  OPERATE  A  RESTAURANT,  HOTEL,  CATERING
ESTABLISHMENT,  OR  OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT
TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR  CONSUMP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12097-06-4

S. 7813--A                          2

TION ON THE PREMISES, BEER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK
STATE  LABELED BEER.   ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON  THE  PREMISES  SHALL
APPLY  SO FAR AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE licensed brewer may apply to the liquor  authority
for  a license to sell beer, wine or liquor at retail for consumption on
the premises [in a restaurant owned by him and conducted and operated by
him in or adjacent to the brewery for which  he  is  licensed]  AT  SUCH
ESTABLISHMENT.  All  of  the  provisions  of  this  chapter  relative to
licenses to sell beer, wine or liquor at retail for consumption  on  the
premises shall apply so far as applicable to such application.
  S  3.  Paragraphs  (b) and (d) of subdivision 6-a of section 51 of the
alcoholic beverage control law are REPEALED.
  S 4. Section 51 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  A BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER ANNUAL-
LY.
  S 5. Paragraph (g) of subdivision 2 of section 51-a of  the  alcoholic
beverage  control  law,  as added by chapter 108 of the laws of 2012, is
amended to read as follows:
  (g) [sell and conduct tastings of beer and cider manufactured  by  the
licensee or any other licensed farm brewery at retail for consumption on
the  premises of a restaurant, conference center, inn, bed and breakfast
or hotel business owned and operated by the licensee in or  adjacent  to
its  farm  brewery.  A  licensee  who  operates a restaurant, conference
center, inn, bed and breakfast or hotel pursuant to such authority shall
comply with all applicable provisions of this chapter  which  relate  to
licenses to sell beer at retail for consumption on the premises] OPERATE
A  RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING
ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL  AT  SUCH
PLACE,  AT  RETAIL FOR CONSUMPTION ON THE PREMISES, BEER AND CIDER MANU-
FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER OR NEW YORK
STATE LABELED CIDER.  ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE  TO
LICENSES  TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES
SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW,  THE  LICENSED  FARM BREWERY MAY APPLY TO THE
AUTHORITY FOR A LICENSE UNDER  THIS  CHAPTER  TO  SELL  OTHER  ALCOHOLIC
BEVERAGES  AT  RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH-
MENT;
  S 6. Subdivision 10 of section 51-a of the alcoholic beverage  control
law,  as added by chapter 108 of the laws of 2012, is amended to read as
follows:
  10. (A) No farm brewery shall manufacture in excess of [sixty]  SEVEN-
TY-FIVE thousand finished barrels of beer AND CIDER annually.
  (B)  A  FARM  BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER
AND CIDER ANNUALLY.
  S 7. Section 52 of the alcoholic beverage control law is REPEALED.
  S 8. Paragraph (a) of subdivision 1 of section  56  of  the  alcoholic
beverage  control law, as amended by chapter 108 of the laws of 2012, is
amended to read as follows:
  (a) four thousand dollars for a brewer's license,  unless  the  annual
production  of  the  brewer  is  less than [sixty] SEVENTY-FIVE thousand
barrels per year, in which case the annual fee shall  be  three  hundred
twenty dollars;
  S  9.  Section  58 of the alcoholic beverage control law is amended by
adding a new subdivision 5 to read as follows:

S. 7813--A                          3

  5. A CIDER PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF  CIDER
ANNUALLY.
  S  10.  Paragraphs (d) and (e) of subdivision 2 of section 58-c of the
alcoholic beverage control law are REPEALED.
  S 11. Paragraph (f) of subdivision 2 of section 58-c of the  alcoholic
beverage  control  law,  as added by chapter 384 of the laws of 2013, is
amended to read as follows:
  (f) [sell and conduct tastings of cider manufactured by  the  licensee
or any other licensed farm cidery at retail for consumption on the prem-
ises of a restaurant, conference center, inn, bed and breakfast or hotel
business  owned  and operated by the licensee in or adjacent to its farm
cidery. A licensee who operates a restaurant,  conference  center,  inn,
bed  and breakfast or hotel pursuant to such authority shall comply with
all applicable provisions of this chapter which relate  to  licenses  to
sell  cider  at  retail  for  consumption  on  the  premises] (I) AT THE
LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR  CONSUMP-
TION  ON  OR  OFF  THE  LICENSED PREMISES, ANY CIDER MANUFACTURED BY THE
LICENSEE OR ANY NEW YORK STATE LABELED  CIDER.  PROVIDED,  HOWEVER,  FOR
TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGU-
LARLY  KEEP  FOOD  AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS
FOR CONSUMPTION ON THE PREMISES.  A  LICENSEE  PROVIDING  THE  FOLLOWING
SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (A) SANDWICHES, SOUPS
OR  OTHER  SUCH  FOODS,  WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN;
AND/OR (B) FOOD ITEMS INTENDED TO COMPLEMENT THE  TASTING  OF  ALCOHOLIC
BEVERAGES,  WHICH  SHALL  MEAN  A  DIVERSIFIED SELECTION OF FOOD THAT IS
ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY
CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEES-
ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND  CRACKERS.  ALL
OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES SELLING CIDER AT
RETAIL  SHALL  APPLY;  AND  (II)  OPERATE  A RESTAURANT, HOTEL, CATERING
ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN  OR  ADJACENT
TO  THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP-
TION ON THE PREMISES, CIDER MANUFACTURED BY THE  LICENSEE  AND  ANY  NEW
YORK STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE
TO LICENSEES TO SELLING CIDER AT RETAIL SHALL APPLY. NOTWITHSTANDING ANY
OTHER  PROVISION  OF  LAW,  THE  LICENSED  FARM  CIDERY MAY APPLY TO THE
AUTHORITY FOR A LICENSE UNDER  THIS  CHAPTER  TO  SELL  OTHER  ALCOHOLIC
BEVERAGES  AT  RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH-
MENT;
  S 12. Subdivision 10 of section 58-c of the alcoholic beverage control
law, as added by chapter 384 of the laws of 2013, is amended to read  as
follows:
  10.  (A)  No  farm  cidery  shall  manufacture  in excess of [one] TWO
hundred fifty thousand gallons of cider annually.
  (B) A LICENSED FARM CIDERY SHALL PRODUCE AT  LEAST  FIFTY  GALLONS  OF
CIDER ANNUALLY.
  S  13. Subdivision 1-a of section 61 of the alcoholic beverage control
law, as amended by chapter 384 of the laws of 2013, is amended  to  read
as follows:
  1-a.  A class A-1 distiller's license shall authorize the holder ther-
eof  to  operate a distillery which has a production capacity of no more
than [thirty-five] SEVENTY-FIVE thousand gallons per year for the  manu-
facture  of  liquors  by  distillation or redistillation at the premises
specifically designated in  the  license.  Such  a  license  shall  also
authorize  the  sale in bulk by such licensee from the licensed premises
of the products manufactured under such license to any person holding  a

S. 7813--A                          4

winery  license,  farm  winery  license,  distiller's class A license, a
distiller's class B license or a permittee engaged in the manufacture of
products which are unfit for beverage use. It shall also  authorize  the
sale from the licensed premises and from one other location in the state
of  New  York of liquors manufactured by such licensee to a wholesale or
retail liquor licensee or permittee in sealed  containers  of  not  more
than  one  quart  each. In addition, it shall authorize such licensee to
sell from the licensed premises  New  York  state  labelled  liquors  to
licensed  farm  wineries,  farm  breweries,  farm  distilleries and farm
cideries in sealed containers of not more than one quart for retail sale
for off-premises consumption.  Such license shall also include the priv-
ilege to operate a rectifying plant under the same terms and  conditions
as  the holder of a class B-1 distiller's license without the payment of
any additional fee.
  S 14. Subdivision 2-b of section 61 of the alcoholic beverage  control
law,  as  amended by chapter 571 of the laws of 2008, is amended to read
as follows:
  2-b. A class B-1 distiller's license shall authorize the holder there-
of to operate a rectifying plant which has a production capacity  of  no
more  than  [thirty-five] SEVENTY-FIVE thousand gallons per year for the
manufacture of the products of rectification by purifying  or  combining
alcohol,  spirits,  wine, or beer and the manufacture of cordials by the
redistillation of alcohol or spirits over or with any materials. Such  a
license  shall  also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this  chap-
ter  for  wholesale  liquor  licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and  regulation  of  any  other
state,  territorial  possession  of the United States or foreign country
liquor received in bulk by such wholesalers from other states,  territo-
rial  possessions  of  the  United  States  or a foreign country, and to
rebottle or recondition for wholesale liquor or wine  licensees  or  for
persons  authorized  to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession  of  the
United  States  or  foreign country, liquor or wine manufactured outside
the state, which was purchased  and  received  by  such  wholesalers  in
sealed  containers  not  exceeding  one  quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale  from
the licensed premises of the products manufactured by such licensee to a
wholesale  or  retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to  sell  from
the  licensed  premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
  S 15. Paragraph (e) of subdivision 2-c of section 61 of the  alcoholic
beverage  control law, as amended by chapter 454 of the laws of 2008, is
amended to read as follows:
  (e) Notwithstanding any other provision of law to  the  contrary,  the
holder  of  a  farm distillery license may [apply to the authority for a
license to sell beer, wine and liquor for consumption on the premises in
a restaurant operated on or adjacent to the  licensed  farm  distillery.
All  the  provisions of this chapter relative to licensees to sell beer,
wine or liquor at retail for consumption on the premises shall apply  so
far  as applicable to such application.] (I) SELL AT RETAIL FOR CONSUMP-
TION ON THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY  THE  LICENSEE
OR  ANY  NEW  YORK STATE LABELED LIQUOR. PROVIDED, HOWEVER, THE LICENSEE

S. 7813--A                          5

SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE  TO  ITS  RETAIL
CUSTOMERS  FOR  CONSUMPTION  ON  THE  PREMISES. A LICENSEE PROVIDING THE
FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: SANDWICHES,
SOUPS  OR  OTHER  SUCH  FOODS,  WHETHER  FRESH, PROCESSED, PRE-COOKED OR
FROZEN; AND/OR FOOD ITEMS INTENDED TO COMPLIMENT THE TASTING OF ALCOHOL-
IC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD  THAT  IS
ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY
CONSUMED  WHILE  STANDING  OR  WALKING,  INCLUDING  BUT  NOT LIMITED TO:
CHEESE, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS  AND  CRACKERS.
ALL  OF  THE  PROVISIONS  OF  THIS  CHAPTER RELATIVE TO LICENSES TO SELL
LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO  FAR  AS
APPLICABLE TO SUCH LICENSEE; AND
  (II)  OPERATE  A  RESTAURANT,  HOTEL, CATERING ESTABLISHMENT, OR OTHER
FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED  PREMISES
AND  SELL  AT  SUCH  PLACE,  AT  RETAIL FOR CONSUMPTION ON THE PREMISES,
LIQUOR MANUFACTURED BY THE LICENSEE  AND  ANY  NEW  YORK  STATE  LABELED
LIQUOR.    ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO
SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR
AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING ANY OTHER PROVISION  OF
LAW,  THE  LICENSEE  MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS
CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR  CONSUMPTION  ON
THE PREMISES AT SUCH ESTABLISHMENT.
  S  16. Paragraph (f) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as amended by chapter 454 of the laws of 2008,  is
amended to read as follows:
  (f) No holder of a farm distillery license shall manufacture in excess
of  [thirty-five]  SEVENTY-FIVE  thousand gallons of liquor annually. In
the case of the holder of a class  A,  A-1,  B,  B-1  or  C  distiller's
license  who operates a farm distillery on the same premises, the liquor
manufactured pursuant to  the  farm  distillery  license  shall  not  be
considered  with  respect  to  any  limitation on the volume that may be
manufactured by the class A, A-1, B, B-1 or C distillery.
  S 17. Subdivision 2-c of section 61 of the alcoholic beverage  control
law is amended by adding a new paragraph (g) to read as follows:
  (G)  THE HOLDER OF A LICENSE ISSUED UNDER THIS SUBDIVISION MAY OPERATE
UP TO ONE BRANCH OFFICE LOCATED AWAY FROM THE LICENSED FARM  DISTILLERY.
SUCH  LOCATION SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED  AT  AND  LIMITED  TO  THE  FARM  DISTILLERY  MAY  BE
CONDUCTED  AT THE BRANCH OFFICE. SUCH BRANCH OFFICE SHALL NOT BE LOCATED
WITHIN, SHARE A COMMON ENTRANCE AND EXIT  WITH,  OR  HAVE  ANY  INTERIOR
ACCESS  TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCO-
HOLIC BEVERAGES AT RETAIL.  PRIOR TO COMMENCING OPERATION  OF  ANY  SUCH
BRANCH  OFFICE,  THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION
OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPER-
ATION OF SAME.
  S 18. Section 61 of the alcoholic beverage control law is  amended  by
adding a new subdivision 7 to read as follows:
  7.  ANY  PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF LIQUOR PER YEAR.
  S 19. Subdivision 4 of section 76 of the  alcoholic  beverage  control
law,  as  amended by chapter 221 of the laws of 2011, is amended to read
as follows:
  4. A licensed winery may [apply to the liquor authority for a  license
to  sell  wine  at  retail  for  consumption  on  the  premises. All the
provisions of this chapter relative to licenses to sell wine  at  retail
for consumption on the premises shall apply so far as applicable to such

S. 7813--A                          6

application]  AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT
RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY WINE OR WINE
PRODUCT MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED  WINE
OR NEW YORK STATE LABELED WINE PRODUCT.  PROVIDED, HOWEVER, FOR TASTINGS
AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP
FOOD  AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMP-
TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED
IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR  OTHER  SUCH
FOODS,  WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD
ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC  BEVERAGES,  WHICH
SHALL  MEAN  A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED
WITHOUT THE USE OF TABLEWARE AND  CAN  BE  CONVENIENTLY  CONSUMED  WHILE
STANDING  OR  WALKING,  INCLUDING  BUT  NOT LIMITED TO: CHEESES, FRUITS,
VEGETABLES, CHOCOLATES, BREADS, MUSTARDS  AND  CRACKERS.    ALL  OF  THE
PROVISIONS  OF  THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES SHALL APPLY SO FAR AS  APPLICABLE
TO SUCH LICENSEE.
  S  20. Subdivision 4-a of section 76 of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended  to  read
as follows:
  4-a. [Notwithstanding any other provision of law, any winery, licensed
pursuant  to subdivision four of this section to sell wine at retail for
consumption on the premises in  a  restaurant  in  or  adjacent  to  the
winery,  may  apply  to the liquor authority for a license to sell beer,
wine or liquor at retail for consumption on the premises of such restau-
rant. All of the provisions of this chapter relative to licenses to sell
beer, wine or liquor at retail for consumption  on  the  premises  shall
apply  so  far  as applicable to such application] A LICENSED WINERY MAY
OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER  FOOD  AND
DRINKING  ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL
AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE AND  WINE
PRODUCTS  MANUFACTURED  BY  THE  LICENSEE AND ANY NEW YORK STATE LABELED
WINE OR NEW YORK STATE LABELED WINE PRODUCT.  ALL OF THE  PROVISIONS  OF
THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION
ON  THE  PREMISES  SHALL  APPLY  SO  FAR AS APPLICABLE TO SUCH LICENSEE.
NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  LICENSED  WINERY  MAY
APPLY  TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER
TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES AT SUCH ESTABLISHMENT.
  S 21. Subdivision 10 of section 76 of the alcoholic  beverage  control
law,  as added by chapter 221 of the laws of 2011, is amended to read as
follows:
  10. Notwithstanding any provision of this chapter to the contrary, and
upon payment to the liquor authority of an additional annual fee of  one
hundred  twenty-five dollars, the liquor authority may in its discretion
and upon such terms and conditions as  it  may  prescribe,  issue  to  a
licensed winery upon application therefor a certificate authorizing such
winery to sell wine at retail in sealed containers to a regularly organ-
ized   church,  synagogue  or  religious  organization  for  sacramental
purposes[, and to a householder for consumption in his home].
  S 22. Section 76 of the alcoholic beverage control law is  amended  by
adding a new subdivision 14 to read as follows:
  14.  ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF WINE PER YEAR.

S. 7813--A                          7

  S 23. Paragraph (f) of subdivision 2 of section 76-a of the  alcoholic
beverage  control  law,  as added by chapter 221 of the laws of 2011, is
amended to read as follows:
  (f)  [sell wine at retail for consumption on the premises of a restau-
rant, conference center, inn, bed and breakfast or hotel business  owned
and operated by the licensee in or adjacent to the farm winery for which
the  licensee is licensed. A licensee who operates a restaurant, confer-
ence center, inn, bed and breakfast or hotel pursuant to such  authority
shall comply with all applicable provisions of this chapter which relate
to  licenses  to  sell  wine  at retail for consumption on the premises]
OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER  FOOD  AND
DRINKING  ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL
AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE  PREMISES,  WINE,  CIDER
AND  WINE  PRODUCTS  MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE
LABELED WINE, NEW YORK STATE LABELED CIDER OR  NEW  YORK  STATE  LABELED
WINE  PRODUCT.    ALL  OF  THE  PROVISIONS  OF  THIS CHAPTER RELATIVE TO
LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON  THE  PREMISES  SHALL
APPLY  SO FAR AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY  FOR  A
LICENSE  UNDER  ARTICLE  FOUR  OF  THIS  CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT  SUCH  ESTABLISH-
MENT.
  S  24.  Subdivision  3-a  of  section  76-a  of the alcoholic beverage
control law is REPEALED.
  S 25. Subdivision 8 of section 76-a of the alcoholic beverage  control
law,  as amended by chapter 147 of the laws of 1988 and as renumbered by
chapter 221 of the laws of 2011, is amended to read as follows:
  8. (A) No licensed farm winery shall manufacture in  excess  of  [one]
TWO hundred fifty thousand finished gallons of wine annually.
  (B)  ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF WINE PER YEAR.
  S 26. This act shall take effect on the thirtieth day after  it  shall
have become a law.

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