NY State Senate Bill 2021-S8737

Senate Bill S8737

2021-2022 Legislative Session

Relates to the operation of another business on a licensed brewery and farm brewery premises

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2022	referred to commerce, economic development and small business

2021-S8737 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§51 & 51-a, ABC L

2021-S8737 (ACTIVE) - Summary

Permits the operation of another business on a licensed brewery and farm brewery premises, provided such business complies with the rules and regulations of the state liquor authority.

2021-S8737 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8737

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to oper-
ation of another business on a licensed brewery and farm brewery prem-
ises

 
PURPOSE:

This bill would grant to breweries and farm breweries the ability to
allow other businesses to operate on their licensed premises.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the Alcoholic Beverage Control Law to
create a new § 51 (10) to clarify that breweries may allow other busi-
nesses, such as food trucks or other compatible businesses, to operate
on their licensed premises subject to rules and regulations as promul-
gated by the Authority.

Section 2 of the bill would amend the ABC Law to create a new § 51-a(16)
to clarify that farm breweries may allow other businesses, such as food
trucks or other compatible businesses, to operate on their licensed
premises subject to rules and regulations as promulgated by the Authori-
ty.

Section 3 of the bill would make it take effect immediately.

 
JUSTIFICATION:

Under current law, any brewery or farm brewery in New York State that
has a food truck park on their premises to offer food options, or hosts
a "paint night" or karaoke party operated by an outside business, is in
violation of the ABC law and could have their operating license revoked
by the State Liquor Authority. While this law is traditionally not
enforced, there is nothing stopping the SLA from changing their enforce-
ment guidelines and causing substantial harm to the robust and growing
beer brewing industry in New York State.

This amendment would allow all breweries and farm breweries to have the
ability to permit other third-party businesses, such as food trucks or
other compatible businesses, to operate on their licensed premises. Such
activity would be subject to rules and regulations as promulgated by the
Authority, and would help encourage and foster the ongoing growth of New
York's indigenous craft beverage industry, which provides significant
tax revenues as well as manufacturing, service, and sales jobs to New
Yorkers from Buffalo to Montauk and everywhere in between.

 
PRIOR LEGISLATION:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8737 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8737
 
                             I N  S E N A T E
 
                               April 6, 2022
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business
 
 AN ACT to amend the alcoholic beverage control law, in relation to oper-
   ation of another business on a licensed brewery and farm brewery prem-
   ises

   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 10 to read as follows:
   10.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ANOTHER
 BUSINESS OR OTHER  BUSINESSES  MAY  OPERATE  ON  THE  LICENSED  PREMISES
 SUBJECT  TO  SUCH  RULES  AND  REGULATIONS  AS  THE LIQUOR AUTHORITY MAY
 PRESCRIBE. SUCH RULES AND REGULATIONS SHALL DETERMINE  WHICH  BUSINESSES
 WILL  BE  COMPATIBLE  WITH  THE  POLICY AND PURPOSES OF THIS CHAPTER AND
 SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY  AND
 AREA IN THE VICINITY OF THE BREWERY PREMISES.
   §  2. Section 51-a of the alcoholic beverage control law is amended by
 adding a new subdivision 16 to read as follows:
   16. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ANOTHER
 BUSINESS  OR  OTHER  BUSINESSES  MAY  OPERATE  ON  THE LICENSED PREMISES
 SUBJECT TO SUCH RULES  AND  REGULATIONS  AS  THE  LIQUOR  AUTHORITY  MAY
 PRESCRIBE.  SUCH  RULES AND REGULATIONS SHALL DETERMINE WHICH BUSINESSES
 WILL BE COMPATIBLE WITH THE POLICY AND  PURPOSES  OF  THIS  CHAPTER  AND
 SHALL  CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY AND
 AREA IN THE VICINITY OF THE FARM BREWERY PREMISES.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15303-01-2

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