Senate Bill S5440

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

                                 5440--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 5, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment  and  Small  Business -- reported favorably from said committee
  and committed to the Committee on  Finance  --  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
  allowing a licensed winery or farm winery to sell wine for consumption
  upon the premises of a food festival or similar event

  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 8 to read as follows:
  8.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
LICENSED WINERY OR FARM WINERY MAY SELL WINE FOR  CONSUMPTION  UPON  THE
PREMISES  OF  A  FOOD  FESTIVAL OR SIMILAR EVENT AT WHICH FOOD IS WIDELY
AVAILABLE WITHOUT OBTAINING ANY ADDITIONAL PERMISSION OR PAYMENT OF  ANY
ADDITIONAL  FEE,  PROVIDED  THAT SUCH WINERY APPLIES FOR, IS GRANTED AND
MAINTAINS REGISTRATION AS A PARTICIPANT IN SUCH FESTIVAL  OR  EVENT  AND
SUCH  WINE  IS  SOLD  AND  DISPENSED IN AMOUNTS OF TEN OUNCES OR LESS BY
VOLUME AND FURTHER PROVIDED THAT  CONSUMPTION  OF  SUCH  WINE  SHALL  BE
ALLOWED  TO  OCCUR  ANYWHERE UPON THE PREMISES OF SUCH FESTIVAL OR EVENT
UPON THE WRITTEN PERMISSION OF THE CITY, TOWN OR VILLAGE IN  WHICH  SUCH
FESTIVAL OR SIMILAR EVENT IS HELD.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-02-9


              

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

                                 5440--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 5, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment  and  Small  Business -- reported favorably from said committee
  and committed to the Committee on  Finance  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- 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
  allowing a licensed winery or farm winery to sell wine for consumption
  upon the premises of a food festival

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

  Section  1.    Subdivision  1  of section 97 of the alcoholic beverage
control law, as amended by section 19 of part Z of  chapter  85  of  the
laws of 2002, is amended to read as follows:
  1.  (A)  The  liquor authority is hereby authorized to issue temporary
permits effective for a period not  to  exceed  twenty-four  consecutive
hours  to  authorize  the sale of beer and wine manufactured in New York
state at outdoor or indoor gatherings, functions, occasions  or  events,
within the hours fixed by or pursuant to subdivision five of section one
hundred  six  of  this  chapter,  during  which  alcoholic beverages may
lawfully be sold or served upon  premises  licensed  to  sell  alcoholic
beverages  at  retail  for  on-premises  consumption in the community in
which is located the premises in which such gathering,  function,  occa-
sion  or  event  is  held.  The  fee for such permit shall be twenty-six
dollars. Such permit and the exercise of the privilege  granted  thereby
shall  be  subject  to  such  rules  of the liquor authority as it deems
necessary.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION, THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE TEMPORARY PERMITS TO A
LICENSED  WINERY  OR  FARM  WINERY TO SELL WINE FOR CONSUMPTION UPON THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-06-9
              

S. 5440--B                          2

PREMISES OF A FOOD FESTIVAL AT WHICH FOOD IS WIDELY AVAILABLE,  PROVIDED
THAT SUCH WINERY APPLIES FOR, IS GRANTED AND MAINTAINS REGISTRATION AS A
PARTICIPANT  IN  SUCH  FESTIVAL  OR  EVENT  AND  SUCH  WINE  IS SOLD AND
DISPENSED  IN  AMOUNTS  OF  EIGHT  OUNCES  OR LESS BY VOLUME AND FURTHER
PROVIDED THAT CONSUMPTION  OF  SUCH  WINE  SHALL  BE  ALLOWED  TO  OCCUR
ANYWHERE  UPON  THE  PREMISES OF SUCH FESTIVAL OR EVENT UPON THE WRITTEN
PERMISSION OF THE CITY, TOWN OR VILLAGE IN WHICH SUCH FESTIVAL EVENT  IS
HELD.  NO FEE SHALL BE CHARGED FOR PERMITS ISSUED PURSUANT TO THIS PARA-
GRAPH.
  S 2. This act shall take effect immediately.

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

                                 5440--C
    Cal. No. 79

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 5, 2009
                               ___________

Introduced  by Sens. VALESKY, AUBERTINE -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Commerce,
  Economic  Development  and  Small  Business -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Commerce, Economic Development and Small Business
  in accordance with Senate Rule 6, sec. 8 --  reported  favorably  from
  said  committee  and committed to the Committee on Finance -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a  third  reading,  passed by Senate and delivered to the
  Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  allowing a licensed winery or farm winery to sell wine for consumption
  upon the premises of a food festival

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

  Section 1.   Subdivision 1 of section 97  of  the  alcoholic  beverage
control  law,  as  amended  by section 19 of part Z of chapter 85 of the
laws of 2002, is amended to read as follows:
  1. (A) The liquor authority is hereby authorized  to  issue  temporary
permits  effective  for  a  period not to exceed twenty-four consecutive
hours to authorize the sale of beer and wine manufactured  in  New  York
state  at  outdoor or indoor gatherings, functions, occasions or events,
within the hours fixed by or pursuant to subdivision five of section one
hundred six of  this  chapter,  during  which  alcoholic  beverages  may
lawfully  be  sold  or  served  upon premises licensed to sell alcoholic
beverages at retail for on-premises  consumption  in  the  community  in

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

                                                           LBD11717-09-0

S. 5440--C                          2

which  is  located the premises in which such gathering, function, occa-
sion or event is held. The fee  for  such  permit  shall  be  twenty-six
dollars.  Such  permit and the exercise of the privilege granted thereby
shall  be  subject  to  such  rules  of the liquor authority as it deems
necessary.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  AND EXCEPT FOR AN EVENT CONDUCTED WITHIN A CITY WITH A POPULATION
OF ONE MILLION OR MORE, THE AUTHORITY  IS  HEREBY  AUTHORIZED  TO  ISSUE
TEMPORARY  PERMITS  TO A LICENSED WINERY OR FARM WINERY TO SELL WINE FOR
CONSUMPTION UPON THE PREMISES OF A FOOD FESTIVAL AT WHICH FOOD IS WIDELY
AVAILABLE, PROVIDED THAT SUCH WINERY APPLIES FOR, IS GRANTED  AND  MAIN-
TAINS  REGISTRATION  AS A PARTICIPANT IN SUCH FESTIVAL OR EVENT AND SUCH
WINE IS SOLD AND DISPENSED IN AMOUNTS OF EIGHT OUNCES OR LESS BY  VOLUME
AND  FURTHER  PROVIDED THAT CONSUMPTION OF SUCH WINE SHALL BE ALLOWED TO
OCCUR ANYWHERE UPON THE PREMISES OF SUCH  FESTIVAL  OR  EVENT  UPON  THE
WRITTEN  PERMISSION  OF THE CITY, TOWN OR VILLAGE IN WHICH SUCH FESTIVAL
EVENT IS HELD.  NO FEE SHALL BE CHARGED FOR PERMITS ISSUED  PURSUANT  TO
THIS PARAGRAPH.
  S 2. This act shall take effect immediately.