NY State Senate Bill 2017-S5381

Senate Bill S5381

2017-2018 Legislative Session

Authorizes roadside farm markets to sell New York state labelled liquor, wine, beer and cider

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to commerce, economic development and small business
Jun 21, 2017	committed to rules
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.815
Mar 23, 2017	referred to commerce, economic development and small business

Votes

- May 9, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S5381
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 9, 2017
      
      aye (10)
      
      Bailey
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Robach
      
      Sanders Jr.
      
      aye wr (1)
      
      Persaud

co-Sponsors

2017-S5381 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§76-f & 3, ABC L

2017-S5381 (ACTIVE) - Summary

Authorizes roadside farm markets to sell New York state labelled liquor, wine, beer and cider; provides that such a market may be located within 1 mile of the farm operation operated by the permit holder.

2017-S5381 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5381

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
allowing tastings and expanding the craft beverage types sold at
roadside farm markets

 PURPOSE :

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to
allow roadside farm markets that are currently permitted to sell wine
produced by farm wineries, special wineries, or micro-wineries, when
located within 20 miles of the market, to now offer tastings of the
wine and to sell liquor, beer and cider produced by farm and
micro-manufacturers located within 20 miles of the market.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend: (a) ABCL § 76-f(1) to add New York
State-labelled liquor, New York State labelled beer, and New York
State labelled cider to the list of beverages that may be sold by a
roadside farm market; (b) ABCL § 76-f(2) to allow roadside farm
markets to be located off of, but within one mile of the farm; (c)
ABCL § 76-f(3) to add farm or micro-distilleries, farm or
micro-breweries, and farm cideries or cider producers, located within

20 miles of the farm, to the list of manufacturers that may sell their
beverages at a roadside farm market; and (d) ABCL § 76-f(4) to rescind
the prohibition on tastings being conducted at roadside farm markets.

Section 2 of the bill would amend ABCL § 3(27-a) to add New York State
labelled liquor, New York State labelled beer, and New York State
labelled cider to the list of alcoholic beverages available for sale
in the definition of "roadside farm market."

Section 3 of the bill would make it immediately.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

This bill would remove the prohibition on wine tastings at Roadside
Farm Markets. It would also increase the types of alcoholic beverages
able to be sold by Roadside Farm Markets to also include liquor
produced by up to two farm or micro-distillers located within 20 miles
of the farm, beer produced by up to two farm or micro-breweries
located within 20 miles of the farm, and cider produced by up to two
licensed farm cideries or cider producers located within 20 miles of
the farm. Finally, this bill would also allow the State Liquor
Authority to issue Roadside Farm Market licenses for locations up to a
mile from the actual farm operation which provides licensees
flexibility to choose appropriate locations for their businesses.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
Effective immediately.

2017-S5381 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5381
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced  by  Sens.  BOYLE, VALESKY -- (at request of the State Liquor
   Authority) -- 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
   allowing tastings and expanding the craft beverage types sold at road-
   side farm markets
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  76-f  of  the alcoholic beverage control law, as
 added by chapter 355 of the laws of 2013, is amended to read as follows:
   § 76-f. Roadside farm market license.  1. Any person owning or operat-
 ing a roadside farm market may apply to the liquor authority for a road-
 side farm market license to sell NEW YORK  STATE  LABELLED  LIQUOR,  NEW
 YORK  STATE  LABELLED  wine,  NEW  YORK STATE LABELLED BEER AND NEW YORK
 STATE LABELLED CIDER pursuant to this section. Such application shall be
 in writing and verified, and  shall  contain  such  information  as  the
 liquor  authority  shall  require and shall be accompanied by a check or
 draft for the amount required by this article for such license.  If  the
 liquor  authority  shall grant the application, it shall issue a license
 in such form as shall be determined by its rules, and the license  shall
 remain in effect for one year.
   2.  For  the purposes of this section, the term "roadside farm market"
 means a building or structure located on a farm operation  OR WITHIN ONE
 MILE OF A FARM OPERATION OWNED OR OPERATED  BY  THE  PERMIT  HOLDER,  as
 defined  in subdivision eleven of section three hundred one of the agri-
 culture and markets law, except for a commercial horse  boarding  opera-
 tion,  in  which  New  York  agricultural products are primarily sold by
 producers, growers or farmers  of  such  agricultural  products  to  the
 general  public,  and the term "New York agricultural product" means any
 agricultural or aquacultural product of the soil or water that has  been
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10044-01-7

 S. 5381                             2
 
 grown, harvested or produced within the state, including but not limited
 to  fruits,  vegetables,  eggs,  dairy products, meat and meat products,
 poultry and poultry products, fish and fish products,  grain  and  grain
 products, honey, nuts, preserves, maple sap products, apple cider, fruit
 juice, and Christmas trees.
   3.  A  roadside farm market license shall authorize the holder thereof
 to sell: LIQUOR MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARM
 DISTILLERIES, MICRO-DISTILLERIES OR MICRO-RECTIFIERS; wine  manufactured
 or  produced  by  up  to  two  duly licensed farm or special wineries or
 micro-wineries; BEER PRODUCED BY UP TO TWO DULY LICENSED FARM OR  MICRO-
 BREWERIES;  AND  CIDER PRODUCED BY UP TO TWO DULY LICENSED FARM CIDERIES
 OR CIDER PRODUCERS, that are located within twenty miles of the roadside
 farm market by the bottle for off-premises  consumption;  provided  that
 such  market's owner, operator or representative shall be present at all
 times during which [wine is] ALCOHOLIC BEVERAGES ARE being  offered  for
 sale.  Such  market shall be deemed to possess a warehouse permit and be
 permitted to warehouse up to [twenty] FORTY cases  of  [wine]  ALCOHOLIC
 BEVERAGES;  provided that such market shall abide by all rules and regu-
 lations promulgated pursuant to section ninety-six of this  chapter  and
 any  other  rules and regulations promulgated by the liquor authority to
 implement the provisions of this section to ensure that [wine] ALCOHOLIC
 BEVERAGES stored or kept by such market is segregated and kept in a safe
 and secure location when such market is closed for business.
   4. The sale of [wine] ALCOHOLIC BEVERAGES  pursuant  to  this  section
 shall  occur  only  within the hours fixed by or pursuant to subdivision
 fourteen of section one hundred five of this  chapter.  [Notwithstanding
 the  provisions of section eighty of this article or any other provision
 of law, no wine tastings shall be conducted at a  roadside  farm  market
 that  sells wine for off-premises consumption pursuant to the provisions
 of this section.]
   5. The liquor authority, in consultation with the department of  agri-
 culture  and  markets, shall promulgate any rules and regulations neces-
 sary to implement the provisions of this section.
   § 2. Subdivision 27-a of section 3 of the alcoholic  beverage  control
 law,  as added by chapter 355 of the laws of 2013, is amended to read as
 follows:
   27-a. "Roadside farm market" means any retailer authorized to sell New
 York state labelled LIQUOR, NEW YORK STATE LABELLED wine, NEW YORK STATE
 LABELLED BEER, AND NEW YORK STATE LABELLED CIDER,  pursuant  to  section
 seventy-six-f of this chapter.
   § 3. This act shall take effect immediately.

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Senate Bill S5381

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Sponsored By

Phil Boyle