S T A T E O F N E W Y O R K
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6393
2009-2010 Regular Sessions
I N A S S E M B L Y
March 3, 2009
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Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the issuance of a special class A-1 distiller's license to
help promote the production and sale of New York agricultural
products, and certain distiller's licenses and trade or brand name
labels
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 60 of the alcoholic beverage control law is amended
by adding a new subdivision 1-b to read as follows:
1-B. DISTILLER'S LICENSE, SPECIAL CLASS A-1.
S 2. Section 61 of the alcoholic beverage control law is amended by
adding a new subdivision 1-b to read as follows:
1-B. (A) A SPECIAL CLASS A-1 DISTILLER'S LICENSE SHALL AUTHORIZE THE
HOLDER THEREOF TO OPERATE A DISTILLERY WHICH HAS A PRODUCTION CAPACITY
OF NO MORE THAN TEN THOUSAND GALLONS PER YEAR FOR THE MANUFACTURE OF
LIQUORS BY DISTILLATION OR REDISTILLATION. NO LICENSED SPECIAL CLASS A-1
DISTILLERY SHALL MANUFACTURE OR SELL ANY LIQUOR, BRANDY OR OTHER
DISTILLED PRODUCT THAT IS NOT PRODUCED EXCLUSIVELY FROM GRAPES, FRUITS
OR OTHER AGRICULTURAL PRODUCTS GROWN OR PRODUCED IN NEW YORK STATE. ANY
PERSON MAY APPLY TO THE LIQUOR AUTHORITY FOR A SPECIAL CLASS A-1
DISTILLER'S LICENSE TO OPERATE ON THE PREMISES OF AN EXISTING CLASS A-1
DISTILLER LICENSEE, CLASS B-1 DISTILLER LICENSEE OR CLASS C DISTILLER
LICENSEE AS PROVIDED FOR IN THIS ARTICLE. SUCH APPLICATION SHALL BE IN
WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE LIQUOR
AUTHORITY SHALL REQUIRE. SUCH APPLICATION 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07220-02-9
A. 6393 2
(B) A SPECIAL CLASS A-1 DISTILLER'S LICENSE SHALL AUTHORIZE THE HOLDER
THEREOF TO OPERATE A DISTILLERY UPON THE PREEXISTING LICENSED PREMISES
OF ANOTHER CLASS A-1 DISTILLER LICENSEE, CLASS B-1 DISTILLER LICENSEE,
OR CLASS C DISTILLER LICENSEE. SUCH LICENSE SHALL AUTHORIZE THE HOLDER
THEREOF TO ALL THE PRIVILEGES PROVIDED IN SUBDIVISION ONE-A OF THIS
SECTION TO OPERATE A CLASS A-1 DISTILLERY UNDER THE SAME TERMS AND
CONDITIONS, EXCEPT FOR THE LIMITATION ON GALLONAGE PRODUCTION, AS A
CLASS A-1 DISTILLER'S LICENSEE.
S 3. Subdivision 1-a of section 66 of the alcoholic beverage control
law, as added by chapter 580 of the laws of 2002, is amended to read as
follows:
1-a. The annual fee for a distiller's license, class A-1, OR A SPECIAL
DISTILLER'S LICENSE, CLASS A-1, shall be two hundred fifty dollars.
S 4. Section 111 of the alcoholic beverage control law, as amended by
chapter 489 of the laws of 1993, is amended to read as follows:
S 111. License to be confined to premises licensed. A license issued
to any person, pursuant to chapter one hundred eighty of the laws of
nineteen hundred thirty-three or this chapter, for any licensed premises
shall not be transferable to any other person or to any other premises
or to any other part of the building containing the licensed premises
except in the discretion of the authority. It shall be available only to
the person therein specified, and only for the premises licensed and no
other except if authorized by the authority. Provided, however, that
the provisions of this section shall not be deemed to prohibit the issu-
ance of a license under SUBDIVISION ONE-B OF SECTION SIXTY-ONE, section
seventy-six-b [or], seventy-six-c, OR SEVENTY-SIX-D of this chapter. For
the purposes of this section each railroad car and each vessel shall be
deemed premises separately to be licensed.
S 5. Subdivisions 1-a and 2-b of section 61 of the alcoholic beverage
control law, as amended by chapter 571 of the laws of 2008, are amended
to read as follows:
1-a. A class A-1 distiller's license shall authorize the holder there-
of to operate a distillery which has a production capacity of no more
than thirty-five thousand gallons per year for the manufacture of
liquors by distillation or redistillation at the premises specifically
designated in the license. Such a license shall also authorize the sale
in bulk by such licensee from the licensed premises of the products
manufactured under such license to any person holding a winery license,
farm winery license, distiller's class A , A-1, B, B-1 OR C license[, a
distiller's class B license] or a permittee engaged in the manufacture
of products which are unfit for beverage use. It shall also authorize
the sale from the licensed premises and from one other location in the
state of New York of liquors manufactured by such licensee to a whole-
sale or retail liquor licensee, A WINERY LICENSEE OR FARM WINERY LICEN-
SEE THAT ALSO HOLDS A DISTILLER'S LICENSE PURSUANT TO THIS SECTION or
permittee in sealed containers of not more than one quart each. In addi-
tion, it shall authorize such licensee to sell from the licensed prem-
ises New York state labelled liquors to a farm winery licensee in sealed
containers of not more than one quart for retail sale for off-premises
consumption. Such license shall also include the privilege to operate a
rectifying plant under the same terms and conditions as the holder of a
class B-1 distiller's license without the payment of any additional fee.
2-b. A class B-1 distiller's license shall authorize the holder there-
of to operate a rectifying plant which has a production capacity of no
more than thirty-five thousand gallons per year for the manufacture of
the products of rectification by purifying or combining alcohol, spir-
A. 6393 3
its, wine, or beer and the manufacture of cordials by the redistillation
of alcohol or spirits over or with any materials. Such a license shall
also authorize the holder thereof to blend, reduce proof and bottle on
his licensed premises or in a United States customs bonded warehouse for
which a warehouse permit has been issued under this chapter for whole-
sale liquor licensees or for persons authorized to sell liquor at whole-
sale pursuant to the laws and regulation of any other state, territorial
possession of the United States or foreign country liquor received in
bulk by such wholesalers from other states, territorial possessions of
the United States or a foreign country, and to rebottle or recondition
for wholesale liquor or wine licensees or for persons authorized to sell
liquor or wine at wholesale pursuant to the laws and regulations of any
other state, territorial possession of the United States or foreign
country, liquor or wine manufactured outside the state, which was
purchased and received by such wholesalers in sealed containers not
exceeding one quart each of liquor or fifteen gallons each of wine. Such
a license shall also authorize the sale from the licensed premises of
the products manufactured by such licensee to a wholesale or retail
licensee in sealed containers of not more than one quart each. SUCH A
LICENSE SHALL ALSO INCLUDE THE PRIVILEGE TO OPERATE A CLASS A-1 DISTIL-
LERY UNDER THE SAME TERMS AND CONDITIONS AS THE HOLDER OF A CLASS A-1
DISTILLER'S LICENSE WITHOUT THE PAYMENT OF ANY ADDITIONAL FEE. In addi-
tion, it shall authorize such licensee to sell from the licensed prem-
ises New York state labelled liquors to a farm winery licensee in sealed
containers of not more than one quart for retail sale for off-premises
consumption.
S 6. Subparagraph 3 of paragraph (c) and the opening paragraph of
paragraph (d) of subdivision 4 of section 107-a of the alcoholic bever-
age control law, subparagraph 3 of paragraph (c) as added by chapter 490
of the laws of 1993 and the opening paragraph of paragraph (d) as
amended by chapter 361 of the laws of 1994, are amended to read as
follows:
(3) Provided, however, that where a brand or trade name label for wine
OR LIQUOR PRODUCED BY ANY PERSON HOLDING A DISTILLER'S CLASS A-1 LICENSE
OR DISTILLER'S CLASS B-1 LICENSE has been approved by the federal bureau
of alcohol, tobacco and firearms, it shall be deemed registered and
approved by the authority and no application, application fee, or annual
registration fee shall be submitted to the authority.
The annual fee for registration of any brand or trade name label for
liquor shall be two hundred fifty dollars; the annual fee for registra-
tion of any brand or trade name label for beer shall be one hundred
fifty dollars; the annual fee for registration of any brand or trade
name label for wine shall be fifty dollars. Such fee shall be in the
form of a check or draft. No annual fee for registration of any brand or
trade name label for wine OR LIQUOR PRODUCED BY ANY PERSON HOLDING A
DISTILLER'S CLASS A-1 LICENSE OR DISTILLER'S CLASS B-1 LICENSE shall be
required if it has been approved by the federal bureau of alcohol,
tobacco and firearms pursuant to this section.
S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that section five of this act shall
take effect on the same date and in the same manner as chapter 571 of
the laws of 2008, takes effect; provided that any rules or regulations
necessary to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such date.