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

                                  8043

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation to alco-
  hol tasting

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 54-b to read as follows:
  S 54-B. BEER TASTING. ANY PERSON HOLDING A RETAIL LICENSE TO SELL BEER
UNDER THIS CHAPTER SHALL BE PERMITTED TO CONDUCT  CONSUMER  TASTINGS  OF
BEER  UPON  SUCH  PERSON'S LICENSED PREMISES. ALL SUCH TASTINGS SHALL BE
SUBJECT TO THE FOLLOWING LIMITATIONS:
  (A) TASTINGS OF BEER SHALL BE CONDUCTED BY THE LICENSEE OR AN  AUTHOR-
IZED  AGENT OF THE LICENSEE. PROVIDED, HOWEVER, A LICENSED BEER OR CIDER
WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR  ANOTHER  ENTITY,
NOR  SHALL A LICENSED BEER OR CIDER WHOLESALER BE INVOLVED IN ANY MANNER
WITH A BEER TASTING CONDUCTED BY ANOTHER ENTITY.
  (B) NO MORE THAN THREE SAMPLES OF BEER MAY BE PROVIDED TO A PERSON  IN
ONE CALENDAR DAY.
  (C) NO SAMPLE MAY EXCEED THREE FLUID OUNCES.
  (D)  NO  TASTING  SHALL  BE  HELD  DURING  THE HOURS PROHIBITED BY THE
PROVISIONS OF SECTIONS ONE HUNDRED FIVE AND ONE HUNDRED FIVE-A  OF  THIS
CHAPTER.
  (E)  ANY  LIABILITY  STEMMING  FROM A RIGHT OF ACTION RESULTING FROM A
TASTING AUTHORIZED BY THIS SECTION AND IN ACCORDANCE WITH THE PROVISIONS
OF SECTIONS 11-100 AND 11-101  OF  THE  GENERAL  OBLIGATIONS  LAW  SHALL
ACCRUE TO THE LICENSEE.
  (F)  NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO SERVE
A SAMPLE OR HANDLE AN OPEN CONTAINER OF BEER.
  S 2. The alcoholic beverage control law is amended  by  adding  a  new
section 59-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11487-02-5
              

A. 8043                             2

  S  59-A. CIDER TASTING. ANY PERSON HOLDING A RETAIL LICENSE UNDER THIS
CHAPTER SHALL BE PERMITTED TO CONDUCT CONSUMER TASTINGS  OF  CIDER  UPON
SUCH  PERSON'S  LICENSED PREMISES. ALL SUCH TASTINGS SHALL BE SUBJECT TO
THE FOLLOWING LIMITATIONS:
  (A) TASTINGS OF CIDER SHALL BE CONDUCTED BY THE LICENSEE OR AN AUTHOR-
IZED  AGENT OF THE LICENSEE. PROVIDED, HOWEVER, A LICENSED BEER OR CIDER
WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR  ANOTHER  ENTITY,
NOR  SHALL A LICENSED BEER OR CIDER WHOLESALER BE INVOLVED IN ANY MANNER
WITH A CIDER TASTING CONDUCTED BY ANOTHER ENTITY.
  (B) NO MORE THAN THREE SAMPLES OF CIDER MAY BE PROVIDED TO A PERSON IN
ONE CALENDAR DAY.
  (C) NO SAMPLE MAY EXCEED THREE FLUID OUNCES.
  (D) NO TASTING SHALL BE  HELD  DURING  THE  HOURS  PROHIBITED  BY  THE
PROVISIONS  OF  SECTION  ONE HUNDRED FIVE AND ONE HUNDRED FIVE-A OF THIS
CHAPTER.
  (E) ANY LIABILITY STEMMING FROM A RIGHT OF  ACTION  RESULTING  FROM  A
TASTING AUTHORIZED BY THIS SECTION AND IN ACCORDANCE WITH THE PROVISIONS
OF  SECTIONS  11-100  AND  11-101  OF  THE GENERAL OBLIGATIONS LAW SHALL
ACCRUE TO THE LICENSEE.
  (F) NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO  SERVE
A SAMPLE OR HANDLE AN OPEN CONTAINER OF CIDER.
  S  3.  Section 63-a of the alcoholic beverage control law, as added by
chapter 272 of the laws of 2001, is amended to read as follows:
  S 63-a. Liquor tasting. 1. (A) Any person licensed pursuant to section
sixty-one or sixty-two of this  article  [may]  SHALL  BE  PERMITTED  TO
conduct  consumer  tastings  of  liquor in establishments licensed under
section sixty-three of this article  to  sell  alcoholic  beverages  for
off-premises  consumption.    (B) ANY PERSON HOLDING A RETAIL LICENSE TO
SELL LIQUOR UNDER THIS CHAPTER SHALL BE PERMITTED  TO  CONDUCT  CONSUMER
TASTINGS OF LIQUOR UPON SUCH PERSON'S LICENSED PREMISES.
  2.  All  consumer tastings of liquor shall be conducted subject to the
following limitations:
  (a) tastings of liquor shall be conducted by THE LICENSEE OR an [offi-
cial] AUTHORIZED agent of [one or  more  persons  licensed  pursuant  to
section  sixty-one  or  sixty-two  of this article] THE LICENSEE.   Such
LICENSEE OR agent shall be physically present upon the premises  at  all
times during the conducting of the consumer tasting of liquor.
  (b)  no [such person or persons licensed pursuant to section sixty-one
or sixty-two of  this  article,  and  no  official  agent  thereof,  may
provide, directly or indirectly: (i)] more than a total of three samples
of  liquor MAY BE PROVIDED for tasting to a person in one calendar day[;
or (ii) a].
  (C) NO sample of liquor for tasting [equal to more  than]  MAY  EXCEED
one-quarter fluid ounce.
  [(c)] (D) any liability stemming from a right of action resulting from
a  consumer  tasting of liquor authorized by this section and in accord-
ance with the provisions of sections 11-100 and 11-101  of  the  general
obligations  law,  shall  accrue  to  the  [persons licensed pursuant to
section sixty-one or sixty-two of this article] LICENSEE, who  conducted
such tasting.
  3.  The  state liquor authority shall promulgate rules and regulations
regarding liquor tastings as provided for in this section.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.