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Assembly Bill A8172C

Vetoed By Governor

2009-2010 Legislative Session

Allows a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival

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Archive: Last Bill Status Via S5440 - Vetoed by Governor

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Bill Amendments

2009-A8172 - Details

See Senate Version of this Bill:
S5440
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97, ABC L

2009-A8172 - Summary

Allows a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival except for an event conducted within a city with a population of one million or more.

2009-A8172 - Bill Text download pdf 

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

                                  8172

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

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
  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 AND
FURTHER PROVIDED THAT CONSUMPTION OF SUCH WINE  MAY,  WITH  THE  WRITTEN
PERMISSION OF THE CITY, TOWN OR VILLAGE IN WHICH THE FESTIVAL OR SIMILAR
EVENT  IS  HELD,  OCCUR  ANYWHERE  UPON THE PREMISES OF SUCH FESTIVAL OR
EVENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-01-9

2009-A8172A - Details

See Senate Version of this Bill:
S5440
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97, ABC L

2009-A8172A - Summary

Allows a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival except for an event conducted within a city with a population of one million or more.

2009-A8172A - Sponsor Memo

2009-A8172A - Bill Text download pdf 

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

                                 8172--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Economic  Development,  Job  Creation,  Commerce  and  Industry  --
  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.
                                                           LBD11717-03-9

2009-A8172B - Details

See Senate Version of this Bill:
S5440
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97, ABC L

2009-A8172B - Summary

Allows a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival except for an event conducted within a city with a population of one million or more.

2009-A8172B - Sponsor Memo

2009-A8172B - Bill Text download pdf 

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

                                 8172--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by  M.  of A. MAGEE, ALESSI -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  -- reported and referred to the
  Committee on  Rules  --  Rules  Committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

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
PREMISES OF A FOOD FESTIVAL AT WHICH FOOD IS WIDELY AVAILABLE,  PROVIDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-04-9

2009-A8172C (ACTIVE) - Details

See Senate Version of this Bill:
S5440
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §97, ABC L

2009-A8172C (ACTIVE) - Summary

Allows a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival except for an event conducted within a city with a population of one million or more.

2009-A8172C (ACTIVE) - Bill Text download pdf 

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

                                 8172--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by  M.  of A. MAGEE, ALESSI -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  -- reported and referred to the
  Committee on  Rules  --  Rules  Committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to the Committee on Rules
  --  again  reported  from  said  committee  with  amendments,  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, AND EXCEPT FOR AN EVENT CONDUCTED WITHIN A CITY WITH A  POPULATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-08-0

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