Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Nov 14, 2016 |
signed chap.422 |
Nov 02, 2016 |
delivered to governor |
Jun 15, 2016 |
returned to senate passed assembly ordered to third reading rules cal.327 substituted for a1100b |
Jun 15, 2016 |
substituted by s1227b |
Jun 14, 2016 |
ordered to third reading rules cal.327 rules report cal.327 reported reported referred to rules |
Jun 07, 2016 |
print number 1100b |
Jun 07, 2016 |
amend (t) and recommit to ways and means |
Feb 25, 2016 |
reported referred to ways and means |
Feb 09, 2016 |
reported referred to codes |
Jan 06, 2016 |
referred to economic development |
Jun 11, 2015 |
reported referred to codes |
Jun 10, 2015 |
print number 1100a |
Jun 10, 2015 |
amend (t) and recommit to economic development |
Jun 04, 2015 |
reference changed to economic development |
Jan 08, 2015 |
referred to agriculture |
Assembly Bill A1100B
Signed By Governor2015-2016 Legislative Session
Relates to the licensing of custom beermakers, custom cidermakers and custom winemakers
download bill text pdfSponsored By
MAGEE
Archive: Last Bill Status Via S1227 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 14, 2016
aye (61)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Floor Vote: May 4, 2016
aye (59)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Martins
- Montgomery
- Murphy
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Floor Vote: May 18, 2015
aye (60)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Apr 11, 2016 - Finance Committee Vote
S122734Aye1Nay0Aye with Reservations0Absent2Excused0Abstained-
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Finance Committee Vote: Apr 11, 2016
aye (34)nay (1)
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Apr 22, 2015 - Finance Committee Vote
S122735Aye1Nay1Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Apr 22, 2015
aye (35)nay (1)aye wr (1)
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Feb 9, 2016 - Commerce, Economic Development And Small Business Committee Vote
S122711Aye0Nay0Aye with Reservations0Absent0Excused0AbstainedMar 30, 2015 - Commerce, Economic Development And Small Business Committee Vote
S122711Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
co-Sponsors
Donna Lupardo
multi-Sponsors
Barbara Clark
2015-A1100 - Details
2015-A1100 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1100 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. MAGEE, LUPARDO -- Multi-Sponsored by -- M. of A. CLARK -- read once and referred to the Committee on Agriculture AN ACT to amend the alcoholic beverage control law, in relation to the operation of home wine makers centers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 76 of the alcoholic beverage control law is amended by adding a new subdivision 15 to read as follows: 15. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A LICENSED WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO SECTION NINETY-SEVEN-B OF THIS CHAPTER. PROVIDED, FURTHER, THAT A WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES AS THE WINERY IS OPERATED SUBJECT TO THE PROVISIONS OF SECTION NINETY-SEV- EN-B OF THIS CHAPTER AND FEDERAL LAW. S 2. Section 76-a of the alcoholic beverage control law is amended by adding a new subdivision 11 to read as follows: 11. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A LICENSED FARM WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO SECTION NINETY-SEVEN-B OF THIS CHAPTER. PROVIDED, FURTHER, THAT A FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES AS THE FARM WINERY IS OPERATED SUBJECT TO THE PROVISIONS OF SECTION NINETY-SEVEN-B OF THIS CHAPTER AND FEDERAL LAW. S 3. Section 83 of the alcoholic beverage control law is amended by adding a new subdivision 9 to read as follows: 9. THE FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A WINERY OR FARM WINERY TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO SECTION NINETY- SEVEN-B OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS. S 4. Section 90 of the alcoholic beverage control law is amended by adding a new subdivision 7-a to read as follows: 7-A. HOME WINE MAKERS CENTER PERMIT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03804-01-5
A. 1100 2 S 5. The alcoholic beverage control law is amended by adding a new section 97-b to read as follows: S 97-B. HOME WINE MAKERS CENTERS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY TO HOME WINE MAKERS CENTERS. THE OPERATION OF HOME WINE MAKERS CENTERS SHALL BE SUBJECT TO THE SUPERVISION OF THE LIQUOR AUTHOR- ITY TO ENSURE COMPLIANCE WITH THE PROVISIONS OF FEDERAL LAW AND THE RULES AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH CENTERS. 2. EVERY HOME WINE MAKERS CENTER SHALL HOLD A PERMIT ISSUED BY THE LIQUOR AUTHORITY TO PROVIDE, FOR A FEE, FRUIT, AND EQUIPMENT AND STORAGE FACILITIES FOR THE PRODUCTION OF WINE BY INDIVIDUALS FOR PERSONAL HOUSE- HOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH FEDERAL LAW, RULES AND REGULATIONS AUTHORIZING THE PRODUCTION OF WINE FOR HOUSEHOLD PERSONAL OR FAMILY USE. THE FEE FOR SUCH PERMIT SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS A YEAR. 3. EVERY PERSON ENGAGING IN THE PRODUCTION OF WINE AT A HOME WINE MAKERS CENTER: (A) SHALL BE TWENTY-ONE YEARS OF AGE OR OLDER; (B) SHALL BE LIMITED TO PRODUCING NOT MORE THAN ONE HUNDRED GALLONS OF WINE DURING ANY CALENDAR YEAR; PROVIDED THAT IF THERE ARE ONE OR MORE OTHER PERSONS WHO ARE TWENTY-ONE YEARS OF AGE RESIDING IN THE SAME HOUSEHOLD AS SUCH PERSON, ALL OTHER SUCH PERSONS IN THE SAME HOUSEHOLD MAY PRODUCE AN AGGREGATE OF NOT MORE THAN TWO HUNDRED GALLONS OF WINE FOR THE HOUSEHOLD DURING ANY CALENDAR YEAR; (C) MAY REMOVE THE WINE HE OR SHE PRODUCES AT THE HOME WINE MAKERS CENTER FOR THE PURPOSE OF PERSONAL USE, INCLUDING USE IN CONTESTS OR TASTINGS; (D) SHALL NOT PRODUCE WINE FOR SALE OR OFFER SUCH WINE FOR SALE; (E) SHALL PRODUCE NOT LESS THAN FIVE GALLONS OF WINE IN EACH CALENDAR YEAR; (F) MAY JOINTLY PRODUCE WINE WITH PERSONS RESIDING IN A DIFFERENT HOUSEHOLD OR HOUSEHOLDS AS LONG AS THE QUANTITY OF WINE MADE IS WITHIN THE QUANTITY LIMITS SPECIFIED PURSUANT TO FEDERAL LAW, RULES AND REGU- LATIONS; (G) SHALL ACTIVELY PARTICIPATE IN THE PRODUCTION OF THE WINE; (H) SHALL USE FRUIT GROWN OR PRODUCED IN THE STATE OF NEW YORK TO PRODUCE THE WINE; (I) SHALL ADD YEAST AND/OR OTHER INGREDIENTS TO THE GRAPE OR OTHER FRUIT JUICE OR WINE; (J) SHALL CAUSE THE FRUIT TO FERMENT; (K) SHALL RACK, FILTER AND BOTTLE THE WINE; (L) SHALL NOT ACCEPT ANY UNAUTHORIZED ASSISTANCE FROM THE HOME WINE MAKERS CENTER, OR FROM ANY EMPLOYEE OR AGENT THEREOF; AND (M) SHALL READ AND SIGN A STATEMENT THAT HE OR SHE UNDERSTANDS AND AGREES TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. 4. NO HOME WINE MAKERS CENTER, NOR ANY EMPLOYEE OR AGENT THEREOF, SHALL ASSIST ANY CUSTOMER IN THE PRODUCTION OF WINE, EXCEPT AS FOLLOWS: (A) THE FURNISHING, SELLING OR RENTING OF SPACE, SUPPLIES AND EQUIP- MENT, INGREDIENTS, FRUIT, AND BOTTLING SUPPLIES; (B) THE PROVISION OF ADVICE AND TECHNICAL SERVICES TO CUSTOMERS AS PROVIDED PURSUANT TO FEDERAL LAW, RULES AND REGULATIONS; (C) THE MOVING OF CONTAINERS OF WINE BETWEEN STORAGE AREAS; (D) THE PROVISION, MAINTENANCE, CLEANING AND REPAIR OF WINE MAKING EQUIPMENT, SUCH AS PRESSES, PUMPS, FILTERS, BOTTLING EQUIPMENT AND OTHER EQUIPMENT; A. 1100 3 (E) THE PROVISION, RENTAL OR SALE OF STORAGE VESSELS, INCLUDING, BUT NOT LIMITED TO, GLASS CARBOYS, WOODEN BARRELS OR OTHER STORAGE CONTAIN- ERS FOR WINE FERMENTATION AND STORAGE; (F) THE PROVISION OF A CLIMATE AND TEMPERATURE CONTROLLED SPACE FOR WINE FERMENTATION AND STORAGE; (G) THE DISPOSAL OF GRAPE PRESSINGS AND OTHER WASTES; AND (H) THE PROVISION OF QUALITY CONTROL SERVICES, SUCH AS LABORATORY ANALYSIS AND TASTING OF WINE FOR QUALITY CONTROL PURPOSES IN THE PRES- ENCE OF THE HOME WINE MAKER. 5. NO HOME WINE MAKERS CENTER SHALL ALLOW, MAINTAIN OR STORE ANY CONTAINER OF WINE IN EXCESS OF ONE HUNDRED GALLONS. 6. THE AGGREGATE PRODUCTION OF ALL INDIVIDUALS OR HOUSEHOLDS MAKING WINE AT A HOME WINE MAKERS CENTER PURSUANT TO A HOME WINE MAKERS LICENSE SHALL NOT EXCEED TEN THOUSAND GALLONS PER YEAR. PROVIDED, THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH FACILITY UNDER A WINERY OR FARM WINERY LICENSE. 7. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED WITH A WINERY OR FARM WINERY. 8. (A) A PERSON OR ENTITY LICENSED PURSUANT TO THIS CHAPTER MAY ALSO BE AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME WINE MAKERS CENTER ON THE SAME OR ADJACENT PREMISES OF A WINERY OR FARM WINERY, IF SUCH PERSON OR ENTITY IS THE HOLDER OF: (I) A WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX OF THIS CHAPTER; OR (II) A FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A OF THIS CHAPTER. (B) NO WINERY OR FARM WINERY AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE ISSUED A PERMIT PURSUANT TO THIS SECTION, UNLESS THE LIQUOR AUTHORITY GRANTS A WRITTEN CONSENT LETTER THERETO. THE LIQUOR AUTHORITY, IN GRANTING ITS CONSENT, SHALL DETERMINE WHETHER THE APPLICANT COMPLIES OR WILL COMPLY WITH THE PROVISIONS OF FEDERAL LAW AND THE RULES AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO HOME WINE MAKERS CENTERS. IF THE WINERY OR FARM WINERY APPLYING FOR CONSENT COMPLIES WITH SUCH FEDERAL LAW, RULES AND REGULATIONS THE LIQUOR AUTHOR- ITY SHALL GRANT ITS WRITTEN CONSENT FOR THE OPERATION OF A HOME WINE MAKERS CENTER. SUCH AUTHORITY SHALL NOT ESTABLISH ANY ADDITIONAL REQUIREMENT FOR THE GRANTING OF ITS WRITTEN CONSENT. (C) THE OPERATIONS OF A HOME WINE MAKERS CENTER OPERATED BY ANY WINERY OR FARM WINERY SHALL BE SEGREGATED FROM THE PORTION OF SUCH WINERY OR FARM WINERY IN WHICH WINE SUBJECT TO THE PROVISIONS OF THIS CHAPTER IS FERMENTED, PROCESSED, BOTTLED, STORED, SHIPPED AND SOLD. PROVIDED, HOWEVER, THAT A WINERY OR FARM WINERY MAY SHARE ITS WINE MAKING EQUIP- MENT WITH A LICENSED HOME WINE MAKERS CENTER AS LONG AS ALL HOME MADE WINES PRODUCED BY SUCH EQUIPMENT IS SEGREGATED FROM SUCH PORTION OF THE PREMISES IN WHICH A WINERY OR FARM WINERY IS LOCATED. 9. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER FRUITS, FRUIT JUICES AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO, HONEY, FLOWERS AND VEGETABLES. S 6. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided, that, effec- tive immediately any rules, regulations or other actions necessary to implement the provisions of this act on its effective date are author- ized and directed to be completed on or before such date.
co-Sponsors
Donna Lupardo
Didi Barrett
David DiPietro
2015-A1100A - Details
2015-A1100A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1100--A 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. MAGEE, LUPARDO -- Multi-Sponsored by -- M. of A. CLARK -- read once and referred to the Committee on Agriculture -- reference changed to the Committee on Economic Development -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to incu- bator beer centers and incubator wine centers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of the alcoholic beverage control law is amended by adding three new subdivisions 14-a, 14-b and 14-c to read as follows: 14-A. "INCUBATOR BEER CENTER" MEANS A FACILITY THAT PROVIDES ONE OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR BEER MAKING SUPPLIES TO MANUFACTURE BEER FOR PERSONAL USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS, AND WHICH THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU DEEMS TO BE TAX EXEMPT BEER TO BE USED FOR PERSONAL USE PURSUANT TO 27 CFR 25.205, ET. SEQ. 14-B. "INCUBATOR CIDER CENTER" MEANS A FACILITY THAT PROVIDES ONE OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT TO MANUFACTURE CIDER FOR PERSONAL USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND REGU- LATIONS, AND WHICH THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU DEEMS TO BE TAX EXEMPT CIDER TO BE USED FOR PERSONAL USE PURSUANT TO 27 CFR 24.75. 14-C. "INCUBATOR WINE CENTER" MEANS A FACILITY THAT PROVIDES ONE OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT TO MANUFACTURE WINE FOR PERSONAL USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND REGU- LATIONS, AND WHICH THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03804-06-5
A. 1100--A 2 DEEMS TO BE TAX EXEMPT WINE TO BE USED FOR PERSONAL USE PURSUANT TO 27 CFR 24.75. S 2. The alcoholic beverage control law is amended by adding a new section 52 to read as follows: S 52. INCUBATOR BEER CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR AN INCU- BATOR BEER CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPERATE AN INCUBATOR BEER CENTER FACILITY AND PROVIDE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR BEER MAKING SUPPLIES FOR THE PRODUCTION OF BEER BY SUCH INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICA- TION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLDER OF A LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN. SUCH APPLICATION SHALL BE ACCOMPA- NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHORITY GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIG- NATED TO OPERATE INCUBATOR SPACE TO MANUFACTURE BEER FOR PERSONAL USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED. 2. FOR THE PURPOSES OF THIS SECTION, "BEER MAKING SUPPLIES" SHALL MEAN HOPS, GRAINS, MALTED GRAINS, WORT, SUGARS, YEASTS, WATER, FRUITS, FRUIT JUICES, AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO, HONEY AND FLOWERS, THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK, IN QUANTITY AMOUNTS AS DETERMINED BY THE AUTHORITY AND SHALL BE GOVERNED BY PARAGRAPH (B) OF SUBDIVISION ELEVEN OF SECTION FIFTY-ONE-A OF THIS ARTICLE. 3. AN INCUBATOR BEER CENTER LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT, AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE BEER MAKING SUPPLIES TO MANUFACTURE BEER FOR PERSONAL USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF BEER FOR PERSONAL CONSUMPTION AND USE IS DONE IN ACCORD- ANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE TO: (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE BEER PROVIDED THAT THE AUTHORITY ESTABLISHES MINIMUM CREDENTIAL REQUIREMENTS FOR THE TEACH- ER; AND (B) CONDUCT TASTINGS FOR THOSE INDIVIDUALS TAKING CLASSES AND/OR USING SUCH FACILITY FOR BREWING PURPOSES AT THE LICENSED FACILITY OF BEER MANUFACTURED AT THE LICENSED FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: (I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF THE LICENSEE. SUCH LICENSEE, AGENT, REPRESENTATIVE OR SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A TASTING OF BEER AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE INCUBATOR BEER CENTER. 4. THE INCUBATOR BEER CENTER LICENSEE SHALL BE SUBJECT TO THE SUPER- VISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDIVIDUALS UTILIZING THE INCUBATOR BEER CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE A. 1100--A 3 LAWS, RULES, AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH INCUBATOR BEER CENTERS. 5. THE LICENSEE OR AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF THE LICENSEE SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE FACILI- TY'S HOURS OF OPERATIONS. 6. THE ANNUAL AGGREGATE PRODUCTION OF BEER AT ANY INCUBATOR BEER CENTER PREMISES FOR ALL INDIVIDUALS MAKING BEER AT SUCH PREMISES, PURSU- ANT TO AN INCUBATOR BEER CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION FACILITY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY BEER PRODUCED AT SUCH FACILITY UNDER A BREWER'S LICENSE OR FARM BREWERY LICENSE. 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY MAY ISSUE AN INCUBATOR BEER CENTER LICENSE TO THE HOLDER OF A FARM BREW- ERY OR BREWERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREMISES. 8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE INDIVIDUALS THAT HAVE USED SUCH FACILITY AND THE ANNUAL AMOUNT OF BEER PRODUCED BY EACH INDIVIDUAL AT THE FACILITY PURSUANT TO THE RULES OF THE AUTHORITY. S 3. Section 56 of the alcoholic beverage control law is amended by adding a new subdivision 11 to read as follows: 11. THE ANNUAL FEE FOR A LICENSE TO OPERATE AN INCUBATOR BEER CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS. S 4. Section 56-a of the alcoholic beverage control law, as added by chapter 204 of the laws of 1963, subdivisions 1 and 2 as amended by chapter 384 of the laws of 2013 and subdivision 3 as renumbered by chap- ter 919 of the laws of 1976, is amended to read as follows: S 56-a. Filing fees and refunds. 1. In addition to the annual fees provided for in this chapter, there shall be paid to the authority with each initial application for a license filed pursuant to section fifty- one, fifty-one-a, FIFTY-TWO, fifty-three, fifty-eight, fifty-eight-c, FIFTY-EIGHT-D, sixty-one, sixty-two, seventy-six, SEVENTY-SEVEN or seventy-eight of this chapter, a filing fee of four hundred dollars; with each initial application for a license filed pursuant to section sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a filing fee of two hundred dollars; with each initial application for a license filed pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a, seventy-nine, eighty-one or eighty-one-a of this chapter, a filing fee of one hundred dollars; with each initial application for a permit filed pursuant to section ninety-one, ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if such permit is to be issued on a calendar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one of section ninety-nine-b of this chapter if such permit is to be issued on a calendar year basis, or for an additional bar pursuant to subdivi- sion four of section one hundred of this chapter, a filing fee of twenty dollars; and with each application for a permit under section ninety- three-a of this chapter, other than a permit to be issued on a calendar year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety- nine-b of this chapter, other than a permit to be issued pursuant to paragraph b, c, e or j of subdivision one of section ninety-nine-b of this chapter on a calendar year basis, a filing fee of ten dollars. A. 1100--A 4 2. In addition to the annual fees provided for in this chapter, there shall be paid to the authority with each renewal application for a license filed pursuant to section fifty-one, fifty-one-a, FIFTY-TWO, fifty-three, fifty-eight, fifty-eight-c, FIFTY-EIGHT-D, sixty-one, sixty-two, seventy-six, SEVENTY-SEVEN or seventy-eight of this chapter, a filing fee of one hundred dollars; with each renewal application for a license filed pursuant to section sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a filing fee of ninety dollars; with each renewal application for a license filed pursuant to section seven- ty-nine, eighty-one or eighty-one-a of this chapter, a filing fee of twenty-five dollars; and with each renewal application for a license or permit filed pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one, ninety-one-a, ninety-two, ninety-two-a, nine- ty-three, ninety-three-a, if such permit is issued on a calendar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a of this chapter or pursuant to [subdivisions] PARAGRAPH b, c, e or j of SUBDIVI- SION ONE OF section ninety-nine-b, if such permit is issued on a calen- dar year basis, or with each renewal application for an additional bar pursuant to subdivision four of section one hundred of this chapter, a filing fee of thirty dollars. 3. If the authority shall deny an application filed pursuant to this chapter it shall return the annual fee to the applicant and retain the filing fee. S 5. The alcoholic beverage control law is amended by adding a new section 58-d to read as follows: S 58-D. INCUBATOR CIDER CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHOR- ITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR AN INCUBATOR CIDER CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPER- ATE AN INCUBATOR CIDER CENTER FACILITY AND PROVIDE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT FOR THE PRODUCTION OF CIDER BY SUCH INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLDER OF SUCH A LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN. SUCH APPLICATION SHALL BE ACCOMPA- NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHORITY GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIG- NATED TO OPERATE INCUBATOR SPACE TO MANUFACTURE CIDER FOR PERSONAL USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED. 2. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN FRESH, WHOLE APPLES OR OTHER POME FRUITS THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK. 3. AN INCUBATOR CIDER CENTER LICENSE SHALL AUTHORIZE THE HOLDER THERE- OF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT, AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE FRUIT TO MANUFACTURE CIDER FOR PERSONAL USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF CIDER FOR PERSONAL CONSUMPTION AND USE IS DONE IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE TO: A. 1100--A 5 (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE CIDER PROVIDED THAT THE AUTHORITY ESTABLISHES MINIMUM CREDENTIAL REQUIREMENTS FOR THE TEACH- ER; AND (B) CONDUCT TASTINGS FOR THOSE INDIVIDUALS TAKING CLASSES AND/OR USING SUCH FACILITY FOR THE PRODUCTION OF CIDER AT THE LICENSED FACILITY OF CIDER MANUFACTURED AT THE LICENSED FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: (I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF THE LICENSEE. SUCH LICENSEE, AGENT, REPRESENTATIVE OR SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A TASTING OF CIDER AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE INCUBATOR CIDER CENTER. 4. THE INCUBATOR CIDER CENTER LICENSEE SHALL BE SUBJECT TO THE SUPER- VISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDIVIDUALS UTILIZING THE INCUBATOR CIDER CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES, AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH INCUBATOR CIDER CENTERS. 5. THE LICENSEE OR AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF THE LICENSEE SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE FACILI- TY'S HOURS OF OPERATIONS. 6. THE ANNUAL AGGREGATE PRODUCTION OF CIDER AT ANY INCUBATOR CIDER CENTER PREMISES FOR ALL INDIVIDUALS MAKING CIDER AT SUCH PREMISES, PURSUANT TO AN INCUBATOR CIDER CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET FORTH BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION FACILITY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY CIDER PRODUCED AT SUCH FACILITY UNDER A CIDERY LICENSE OR FARM CIDERY LICENSE. 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY MAY ISSUE AN INCUBATOR CIDER CENTER LICENSE TO THE HOLDER OF A FARM CIDERY OR CIDERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREMISES. 8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE INDIVIDUALS THAT HAVE USED SUCH FACILITY AND THE ANNUAL AMOUNT OF CIDER PRODUCED BY EACH INDIVIDUAL AT THE FACILITY PURSUANT TO THE RULES OF THE AUTHORITY. 10. THE ANNUAL FEE FOR A LICENSE TO OPERATE AN INCUBATOR CIDER CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS. S 6. The alcoholic beverage control law is amended by adding a new section 77 to read as follows: S 77. INCUBATOR WINE CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR AN INCU- BATOR WINE CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPERATE AN INCUBATOR WINE CENTER FACILITY AND PROVIDE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT FOR THE PRODUCTION OF WINE BY SUCH INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHOR- A. 1100--A 6 ITY GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIGNATED TO OPERATE INCUBATOR SPACE TO MANUFACTURE WINE FOR PERSONAL USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED. 2. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER FRUITS, FRUIT JUICES, AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO, HONEY AND FLOWERS, THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK. 3. AN INCUBATOR WINE CENTER LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT, AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE FRUIT TO MANUFACTURE WINE FOR PERSONAL USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF WINE FOR PERSONAL CONSUMPTION AND USE IS DONE IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE TO: (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE WINE PROVIDED THAT THE AUTHORITY ESTABLISHES MINIMUM CREDENTIAL REQUIREMENTS FOR THE TEACH- ER; AND (B) CONDUCT TASTINGS FOR THOSE INDIVIDUALS TAKING CLASSES AND/OR USING SUCH FACILITIES FOR THE PRODUCTION OF WINE AT THE LICENSED FACILITY OF WINE MANUFACTURED AT THE LICENSED FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: (I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF THE LICENSEE. SUCH LICENSEE, AGENT, REPRESENTATIVE OR SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A TASTING OF WINE AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE INCUBATOR WINE CENTER. 4. THE INCUBATOR WINE CENTER LICENSEE SHALL BE SUBJECT TO THE SUPER- VISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDIVIDUALS UTILIZING THE INCUBATOR WINE CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES, AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH INCUBATOR WINE CENTERS. 5. THE LICENSEE OR AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF THE LICENSEE SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE FACILI- TY'S HOURS OF OPERATIONS. 6. THE ANNUAL AGGREGATE PRODUCTION OF WINE AT ANY INCUBATOR WINE CENTER PREMISES FOR ALL INDIVIDUALS MAKING WINE AT SUCH PREMISES, PURSU- ANT TO AN INCUBATOR WINE CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET FORTH BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COM- MERCIAL PRODUCTION FACILITY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINE PRODUCED AT SUCH FACILITY UNDER A WINERY'S LICENSE OR FARM WINERY LICENSE. 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY MAY ISSUE AN INCUBATOR WINE CENTER LICENSE TO THE HOLDER OF A FARM WINERY OR WINERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREMISES. 8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE INDIVIDUAL OR INDIVIDUALS THAT HAVE USED SUCH A. 1100--A 7 FACILITY AND THE ANNUAL AMOUNT OF WINE PRODUCED BY EACH INDIVIDUAL AT THE FACILITY PURSUANT TO THE RULES OF THE AUTHORITY. S 7. Section 83 of the alcoholic beverage control law is amended by adding a new subdivision 9 to read as follows: 9. THE ANNUAL FEE FOR A LICENSE TO OPERATE AN INCUBATOR WINE CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS. S 8. This act shall take effect on the thirtieth day after it shall have become a law.
co-Sponsors
Donna Lupardo
Didi Barrett
David DiPietro
multi-Sponsors
Peter Lopez
2015-A1100B (ACTIVE) - Details
2015-A1100B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1100--B 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. MAGEE, LUPARDO, BARRETT, DiPIETRO -- read once and referred to the Committee on Agriculture -- reference changed to the Committee on Economic Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Economic Development in accord- ance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- 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 beer centers, cider centers and incubator wine centers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of the alcoholic beverage control law is amended by adding three new subdivisions 14-a, 14-b and 14-c to read as follows: 14-A. "CUSTOM BEERMAKERS' CENTER" MEANS A FACILITY THAT PROVIDES ONE OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR BEER MAKING SUPPLIES TO MANUFACTURE BEER FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS. 14-B. "CUSTOM CIDERMAKERS' CENTER" MEANS A FACILITY THAT PROVIDES ONE OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT TO MANUFACTURE CIDER FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND REGULATIONS. 14-C. "CUSTOM WINEMAKERS' CENTER" MEANS A FACILITY THAT PROVIDES ONE OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT TO MANUFACTURE WINE FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND REGULATIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03804-15-6
A. 1100--B 2 S 2. The alcoholic beverage control law is amended by adding a new section 52 to read as follows: S 52. CUSTOM BEERMAKERS' CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN FOR A CUSTOM BEERMAKERS' CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPERATE A CUSTOM BEERMAKERS' CENTER FACILITY AND PROVIDE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR BEER MAKING SUPPLIES FOR THE PRODUCTION OF BEER BY SUCH INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLD- ER OF A LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHORITY GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIGNATED TO OPERATE SUCH CENTER TO MANUFACTURE BEER FOR PERSONAL HOUSEHOLD USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED. 2. FOR THE PURPOSES OF THIS SECTION, "BEER MAKING SUPPLIES" SHALL MEAN HOPS, GRAINS, MALTED GRAINS, WORT, SUGARS, YEASTS, WATER, FRUITS, FRUIT JUICES, AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO, HONEY AND FLOWERS, THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK, IN QUANTITY AMOUNTS AS DETERMINED BY THE AUTHORITY AND SHALL BE GOVERNED BY PARAGRAPH (B) OF SUBDIVISION ELEVEN OF SECTION FIFTY-ONE-A OF THIS ARTICLE. 3. A CUSTOM BEERMAKERS' CENTER LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT, AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE BEER MAKING SUPPLIES TO MANUFACTURE BEER FOR PERSONAL HOUSEHOLD USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF BEER FOR PERSONAL HOUSEHOLD CONSUMP- TION AND USE IS DONE IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGU- LATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE, PROVIDED SUCH ACTIVITIES ARE PERMITTED BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU FOR THE MANUFACTURE OF TAX EXEMPT BEER FOR PERSONAL HOUSE- HOLD USE, TO: (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE BEER; AND (B) CONDUCT BEER TASTINGS FOR THOSE INDIVIDUALS TAKING SUCH CLASSES AND/OR USING SUCH FACILITY FOR BREWING PURPOSES AT THE LICENSED FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITA- TIONS: (I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL AGENT OF THE LICENSEE. SUCH LICENSEE OR AGENT SHALL BE PHYSICALLY PRES- ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A TASTING OF BEER AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE CUSTOM BEERMAKERS' CENTER. 4. THE CUSTOM BEERMAKERS' CENTER LICENSEE SHALL BE SUBJECT TO THE SUPERVISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDI- VIDUALS UTILIZING SUCH CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES, AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. A. 1100--B 3 5. THE LICENSEE OR AN OFFICIAL AGENT OF THE LICENSEE SHALL BE PHYS- ICALLY PRESENT AT ALL TIMES DURING THE FACILITY'S HOURS OF OPERATIONS. 6. THE ANNUAL AGGREGATE PRODUCTION OF BEER AT ANY SUCH CENTER FOR ALL INDIVIDUALS MAKING BEER AT SUCH PREMISES, PURSUANT TO A CUSTOM BEERMAK- ERS' CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION FACILI- TY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY BEER PRODUCED AT SUCH FACILITY UNDER A BREWER'S LICENSE OR FARM BREWERY LICENSE. 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY MAY ISSUE A CUSTOM BEERMAKERS' CENTER LICENSE TO THE HOLDER OF A FARM BREWERY OR BREWERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREMISES. 8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE INDIVIDUALS THAT HAVE USED SUCH FACILITY AND THE ANNUAL AMOUNT OF BEER PRODUCED BY EACH INDIVIDUAL AT THE FACILITY PURSUANT TO THE RULES OF THE AUTHORITY. S 3. Section 56 of the alcoholic beverage control law is amended by adding a new subdivision 11 to read as follows: 11. THE ANNUAL FEE FOR A LICENSE TO OPERATE A CUSTOM BEERMAKERS' CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS. S 4. Section 56-a of the alcoholic beverage control law, as added by chapter 204 of the laws of 1963, subdivisions 1 and 2 as amended by chapter 384 of the laws of 2013 and subdivision 3 as renumbered by chap- ter 919 of the laws of 1976, is amended to read as follows: S 56-a. Filing fees and refunds. 1. In addition to the annual fees provided for in this chapter, there shall be paid to the authority with each initial application for a license filed pursuant to section fifty- one, fifty-one-a, FIFTY-TWO, fifty-three, fifty-eight, fifty-eight-c, FIFTY-EIGHT-D, sixty-one, sixty-two, seventy-six, SEVENTY-SEVEN or seventy-eight of this chapter, a filing fee of four hundred dollars; with each initial application for a license filed pursuant to section sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a filing fee of two hundred dollars; with each initial application for a license filed pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a, seventy-nine, eighty-one or eighty-one-a of this chapter, a filing fee of one hundred dollars; with each initial application for a permit filed pursuant to section ninety-one, ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if such permit is to be issued on a calendar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one of section ninety-nine-b of this chapter if such permit is to be issued on a calendar year basis, or for an additional bar pursuant to subdivi- sion four of section one hundred of this chapter, a filing fee of twenty dollars; and with each application for a permit under section ninety- three-a of this chapter, other than a permit to be issued on a calendar year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety- nine-b of this chapter, other than a permit to be issued pursuant to paragraph b, c, e or j of subdivision one of section ninety-nine-b of this chapter on a calendar year basis, a filing fee of ten dollars. 2. In addition to the annual fees provided for in this chapter, there shall be paid to the authority with each renewal application for a license filed pursuant to section fifty-one, fifty-one-a, FIFTY-TWO, fifty-three, fifty-eight, fifty-eight-c, FIFTY-EIGHT-D, sixty-one, A. 1100--B 4 sixty-two, seventy-six, SEVENTY-SEVEN or seventy-eight of this chapter, a filing fee of one hundred dollars; with each renewal application for a license filed pursuant to section sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a filing fee of ninety dollars; with each renewal application for a license filed pursuant to section seven- ty-nine, eighty-one or eighty-one-a of this chapter, a filing fee of twenty-five dollars; and with each renewal application for a license or permit filed pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one, ninety-one-a, ninety-two, ninety-two-a, nine- ty-three, ninety-three-a, if such permit is issued on a calendar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a of this chapter or pursuant to [subdivisions] PARAGRAPH b, c, e or j of SUBDIVI- SION ONE OF section ninety-nine-b, if such permit is issued on a calen- dar year basis, or with each renewal application for an additional bar pursuant to subdivision four of section one hundred of this chapter, a filing fee of thirty dollars. 3. If the authority shall deny an application filed pursuant to this chapter it shall return the annual fee to the applicant and retain the filing fee. S 5. The alcoholic beverage control law is amended by adding a new section 58-d to read as follows: S 58-D. CUSTOM CIDERMAKERS' CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN FOR A CUSTOM CIDERMAKERS' CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPERATE A CUSTOM CIDERMAKERS' CENTER FACILITY AND PROVIDE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT FOR THE PRODUCTION OF CIDER BY SUCH INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICA- TION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLDER OF SUCH A LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN. SUCH APPLICATION SHALL BE ACCOMPA- NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHORITY GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIG- NATED TO OPERATE SUCH CENTER TO MANUFACTURE CIDER FOR PERSONAL HOUSEHOLD USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED. 2. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN FRESH, WHOLE APPLES OR OTHER POME FRUITS THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK. 3. A CUSTOM CIDERMAKERS' CENTER LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT, AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE FRUIT TO MANUFAC- TURE CIDER FOR PERSONAL HOUSEHOLD USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF CIDER FOR PERSONAL HOUSEHOLD CONSUMPTION AND USE IS DONE IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE, PROVIDED SUCH ACTIVITIES ARE PERMITTED BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU FOR THE MANUFACTURE OF TAX EXEMPT CIDER FOR PERSONAL HOUSEHOLD USE, TO: (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE CIDER; AND (B) CONDUCT CIDER TASTINGS FOR THOSE INDIVIDUALS TAKING SUCH CLASSES AND/OR USING SUCH FACILITY FOR THE PRODUCTION OF CIDER AT THE LICENSED A. 1100--B 5 FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: (I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL AGENT OF THE LICENSEE. SUCH LICENSEE OR AGENT SHALL BE PHYSICALLY PRES- ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A TASTING OF CIDER AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO SUCH CENTER. 4. THE CUSTOM CIDERMAKERS' CENTER LICENSEE SHALL BE SUBJECT TO THE SUPERVISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDI- VIDUALS UTILIZING SUCH CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES, AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. 5. THE LICENSEE OR AN OFFICIAL AGENT OF THE LICENSEE SHALL BE PHYS- ICALLY PRESENT AT ALL TIMES DURING THE FACILITY'S HOURS OF OPERATIONS. 6. THE ANNUAL AGGREGATE PRODUCTION OF CIDER AT ANY SUCH CENTER FOR ALL INDIVIDUALS MAKING CIDER AT SUCH PREMISES, PURSUANT TO A CUSTOM CIDER- MAKERS' CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET FORTH BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION FACILITY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY CIDER PRODUCED AT SUCH FACILITY UNDER A CIDERY LICENSE OR FARM CIDERY LICENSE. 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY MAY ISSUE A CUSTOM CIDERMAKERS' CENTER LICENSE TO THE HOLDER OF A FARM CIDERY OR CIDERY LICENSE OR FARM WINERY OR WINERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREMISES. 8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE INDIVIDUALS THAT HAVE USED SUCH FACILITY AND THE ANNUAL AMOUNT OF CIDER PRODUCED BY EACH INDIVIDUAL AT THE FACILITY PURSUANT TO THE RULES OF THE AUTHORITY. 10. THE ANNUAL FEE FOR A LICENSE TO OPERATE A CUSTOM CIDERMAKERS' CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS. S 6. The alcoholic beverage control law is amended by adding a new section 77 to read as follows: S 77. CUSTOM WINEMAKERS' CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN FOR A CUSTOM WINEMAKERS' CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPERATE A CUSTOM WINEMAKERS' CENTER FACILITY AND PROVIDE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR FRUIT FOR THE PRODUCTION OF WINE BY SUCH INDIVIDUALS FOR PERSONAL HOUSE- HOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLDER OF SUCH LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN. SUCH APPLICATION SHALL BE ACCOMPA- NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHORITY GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY DESIG- NATED TO OPERATE SUCH CENTER TO MANUFACTURE WINE FOR PERSONAL HOUSEHOLD USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED. A. 1100--B 6 2. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER FRUITS, FRUIT JUICES, AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO, HONEY AND FLOWERS, THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK. 3. A CUSTOM WINEMAKERS' CENTER LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT, AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE FRUIT TO MANUFAC- TURE WINE FOR PERSONAL HOUSEHOLD USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF WINE FOR PERSONAL HOUSEHOLD CONSUMPTION AND USE IS DONE IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE, PROVIDED SUCH ACTIVITIES ARE PERMIT- TED BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU FOR THE MANUFACTURE OF TAX EXEMPT WINE FOR PERSONAL HOUSEHOLD USE, TO: (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE WINE; AND (B) CONDUCT WINE TASTINGS FOR THOSE INDIVIDUALS TAKING SUCH CLASSES AND/OR USING SUCH FACILITIES FOR THE PRODUCTION OF WINE AT THE LICENSED FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: (I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL AGENT OF THE LICENSEE. SUCH LICENSEE OR AGENT SHALL BE PHYSICALLY PRES- ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A TASTING OF WINE AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO SUCH CENTER. 4. THE CUSTOM WINEMAKERS' CENTER LICENSEE SHALL BE SUBJECT TO THE SUPERVISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDI- VIDUALS UTILIZING SUCH CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES, AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. 5. THE LICENSEE OR AN OFFICIAL AGENT OF THE LICENSEE SHALL BE PHYS- ICALLY PRESENT AT ALL TIMES DURING THE FACILITY'S HOURS OF OPERATIONS. 6. THE ANNUAL AGGREGATE PRODUCTION OF WINE AT ANY SUCH CENTER FOR ALL INDIVIDUALS MAKING WINE AT SUCH PREMISES, PURSUANT TO A CUSTOM WINEMAK- ERS' CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET FORTH BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION FACILITY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINE PRODUCED AT SUCH FACILITY UNDER A WINERY'S LICENSE OR FARM WINERY LICENSE. 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY MAY ISSUE A CUSTOM WINEMAKERS' CENTER LICENSE TO THE HOLDER OF A FARM WINERY OR WINERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREMISES. 8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE INDIVIDUAL OR INDIVIDUALS THAT HAVE USED SUCH FACILITY AND THE ANNUAL AMOUNT OF WINE PRODUCED BY EACH INDIVIDUAL AT THE FACILITY PURSUANT TO THE RULES OF THE AUTHORITY. S 7. Section 83 of the alcoholic beverage control law is amended by adding a new subdivision 9 to read as follows: 9. THE ANNUAL FEE FOR A LICENSE TO OPERATE A CUSTOM WINEMAKERS' CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS. S 8. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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