S T A T E   O F   N E W   Y O R K
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                                  5333

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development and Small Business

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

  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. IN ADDITION TO AS OTHERWISE PROVIDED FOR IN THIS
CHAPTER,  ANY PERSON LICENSED TO SELL BEER AT RETAIL PURSUANT TO SECTION
FIFTY-FOUR, SECTION FIFTY-FOUR-A, OR SECTION FIFTY-FIVE OF THIS  ARTICLE
SHALL  BE  PERMITTED  TO  CONDUCT  CONSUMER  TASTINGS  OF BEER UPON SUCH
PERSON'S LICENSED PREMISES. TASTINGS CONDUCTED PURSUANT TO THIS  SECTION
SHALL  BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWO-A OF THIS
CHAPTER.
  S 2. The alcoholic beverage control law is amended  by  adding  a  new
section 59-a to read as follows:
  S  59-A.  CIDER  TASTING.  IN ADDITION TO AS OTHERWISE PROVIDED FOR IN
THIS CHAPTER, ANY PERSON AUTHORIZED TO SELL CIDER AT RETAIL PURSUANT  TO
SECTION FIFTY-NINE OF THIS ARTICLE SHALL BE PERMITTED TO CONDUCT CONSUM-
ER  TASTINGS  OF  CIDER  UPON  SUCH PERSON'S LICENSED PREMISES. TASTINGS
CONDUCTED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS OF
SECTION ONE HUNDRED TWO-A OF THIS CHAPTER.
  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. 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].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11064-01-5
              

S. 5333                             2

  2.  [All consumer tastings of liquor shall be conducted subject to the
following limitations:
  (a)  tastings of liquor shall be conducted by an official agent of one
or more persons licensed pursuant to section sixty-one or  sixty-two  of
this  article.  Such 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 for tasting to a person in one calendar day; or (ii) a sample
of liquor for tasting equal to more than one-quarter fluid ounce.
  (c) any liability stemming from a right of  action  resulting  from  a
consumer  tasting of liquor authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the  general  obli-
gations  law,  shall  accrue to the persons licensed pursuant to section
sixty-one or sixty-two of this article,  who  conducted  such  tasting.]
TASTINGS  CONDUCTED  PURSUANT  TO  THIS  SECTION SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION ONE HUNDRED TWO-A OF THIS CHAPTER.
  [3. The state liquor authority shall promulgate rules and  regulations
regarding liquor tastings as provided for in this section.]
  S  4.  Section 80 of the alcoholic beverage control law, as amended by
chapter 221 of the laws of 2011, is amended to read as follows:
  S 80. Wine tasting. 1. Except as otherwise provided for in this  chap-
ter,  any  person  licensed  to  sell  wine pursuant to this article, or
section sixty-three [or section seventy-nine] of this chapter, shall  be
permitted  to  conduct  CONSUMER [wine] tastings OF WINE only upon [the]
SUCH PERSON'S licensed premises.  [Wine  tastings  which  are  conducted
under the auspices of an official agent of a farm winery, winery, whole-
saler,  or  importer  and  where such agent is physically present at all
times during the conduct of  the  tasting,  then,  in  that  event,  any
liability  stemming from a right of action resulting from a wine tasting
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
farm winery, winery, wholesaler, or importer.]
  2. In addition to such other wine tastings permitted under this  chap-
ter,  licensed  farm  wineries, wineries, and wine wholesalers may apply
for a permit, pursuant to paragraph k  of  subdivision  one  of  section
ninety-nine-b  of  this  chapter, to conduct wine tastings. Such permits
shall be valid throughout the state and may be issued on an annual basis
or for individual events. Each such permit and the exercise of the priv-
ilege granted thereby shall be subject  to  such  rules  of  the  liquor
authority as it deems necessary.
  3. TASTINGS CONDUCTED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION ONE HUNDRED TWO-A OF THIS CHAPTER.
  S  5.  The  alcoholic  beverage control law is amended by adding a new
section 102-a to read as follows:
  S 102-A. TASTINGS OF ALCOHOLIC BEVERAGES. ANY TASTING CONDUCTED PURSU-
ANT TO SECTION FIFTY-FOUR-B, FIFTY-NINE-A, SIXTY-THREE-A, OR  EIGHTY  OF
THIS CHAPTER SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
  1.  THE  SITE OF THE TASTING SHALL BE SUBJECT TO INSPECTION DURING THE
TASTING BY THE AUTHORITY.
  2. A FEE OF NO MORE THAN ONE DOLLAR MAY BE CHARGED  FOR  THE  TASTING,
PROVIDED  HOWEVER THAT NO PERSON LICENSED TO SELL ALCOHOLIC BEVERAGES AT
RETAIL FOR OFF-PREMISES CONSUMPTION SHALL CHARGE ANY FEE FOR A TASTING.
  3. EACH SAMPLE SHALL BE LIMITED:

S. 5333                             3

  (A) IN THE CASE OF BEER, WINE PRODUCTS AND CIDER, TO THREE  OUNCES  OR
LESS.
  (B) IN THE CASE OF WINE, TO TWO OUNCES OR LESS.
  (C)  IN  THE  CASE  OF LIQUOR, TO ONE-QUARTER OUNCE OR LESS. PROVIDED,
HOWEVER, THAT THE LIQUOR MAY BE MIXED WITH NO MORE THAN TWO OUNCES OF  A
NON-ALCOHOLIC BEVERAGE.
  4.  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;  PROVIDED,  HOWEVER,  THAT  A  LICENSED WINERY OR LICENSED FARM
WINERY MAY CONDUCT TASTINGS OF WINE AND WINE  PRODUCTS  FOR  CONSUMPTION
OFF  THE  PREMISES  BETWEEN  THE HOURS OF TEN O'CLOCK IN THE MORNING AND
MIDNIGHT ON SUNDAYS.
  5. THE TASTING SHALL BE CONDUCTED BY THE  LICENSEE  OR  AN  AUTHORIZED
AGENT  OF THE LICENSEE; PROVIDED, HOWEVER, THAT WITH RESPECT TO BEER AND
CIDER TASTINGS, A LICENSED  BEER  WHOLESALER  SHALL  NOT  SERVE  AS  THE
AUTHORIZED  AGENT  FOR  ANOTHER ENTITY, NOR SHALL A LICENSED BEER WHOLE-
SALER BE INVOLVED IN ANY MANNER WITH A BEER OR CIDER  TASTING  CONDUCTED
BY ANOTHER ENTITY.
  6.  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM SUCH
TASTING, AND IN ACCORDANCE WITH THE PROVISIONS OF  SECTIONS  11-100  AND
11-101  OF  THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE LICENSEE OR
PERMIT HOLDER.
  7. ALL ALCOHOLIC BEVERAGES USED  FOR  ANY  TASTING  SHALL  BE  IN  THE
ORIGINAL CONTAINERS AND MUST COMPLY WITH ANY ONE OF THE FOLLOWING:
  (A)  SECTION  ONE HUNDRED SEVEN-A OF THIS CHAPTER AND THE RULES OF THE
AUTHORITY REGARDING BRAND LABEL REGISTRATION; OR
  (B) HAVE RECEIVED A CERTIFICATE OF LABEL APPROVAL FROM THE FEDERAL TAX
AND TRADE BUREAU; OR
  (C) HAVE AN EXEMPTION FROM A CERTIFICATE OF LABEL  APPROVAL  REGISTRA-
TION ISSUED BY THE FEDERAL TAX AND TRADE BUREAU.
  S  6.  This  act shall take effect on the thirtieth day after it shall
have become a law.