NY State Senate Bill 2009-S5181

Senate Bill S5181

2009-2010 Legislative Session

Relates to licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

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
Jan 06, 2010	referred to commerce, economic development and small business
Apr 27, 2009	referred to commerce, economic development and small business

2009-S5181 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64-c, ABC L

2009-S5181 (ACTIVE) - Summary

Permits a person to possess a bar license and a restaurant brewer license provided such person possesses no more than six such licenses.

2009-S5181 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5181

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to a
license to manufacture and sell alcoholic beverages in a premises
commonly known as a restaurant-brewer


 PURPOSE :
To provide some flexibility in the ABC Law and enable persons to have
interests in both brew-pubs and licensed restaurants.

 SUMMARY OF PROVISIONS :
Adds a new subdivision 7-a to Section 64-c of the Alcoholic Beverage
Control Law, and amends subdivision 10, to allow a person to hold both
a restaurant-brewer license (section 64-c) and an on-premises license
(section 64), provided that the total number of licenses held by such
person does not exceed six.

 EXISTING LAW :
Current law generally limits ownership interests between alcohol
manufacturers and alcohol retailers.

 JUSTIFICATION :
Since the end of Prohibition, New York State law has generally
restricted owners of an alcohol manufacturer license and an alcohol

retail license from having an interest in each other (known as the
"tied house" restrictions).

These restrictions have carried over into the service business, with
the result that a person is not able to own both a brew-pub (a
manufacturer) and a licensed restaurant (a retail facility).

Given the many similarities in the operation of a restaurant facility
and a brew-pub facility, there should be some flexibility to allow a
successful owner of a restaurant to be able to acquire or establish a
brew-pub, and vice versa.

Efforts have been underway to propose a comprehensive update of the
Alcoholic Beverage Control Law, and these types of ownership issues
will likely be evaluated as part of any such review. In the meantime,
this bill takes a modest approach to allow some flexibility between
ownership of a brew-pub and a licensed restaurant.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediate.

2009-S5181 (ACTIVE) - Bill Text download pdf

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

                                  5181

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend  the alcoholic beverage control law, in relation to a
  license to manufacture and sell  alcoholic  beverages  in  a  premises
  commonly known as a restaurant-brewer

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

  Section 1. Section 64-c of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 7-a to read as follows:
  7-A.  A  PERSON  MAY  BE  GRANTED LICENSES UNDER BOTH THIS SECTION AND
SECTION SIXTY-FOUR OF THIS CHAPTER, PROVIDED THAT THE  TOTAL  NUMBER  OF
LICENSES GRANTED TO SUCH PERSON DOES NOT EXCEED SIX.
  S  2. Subdivision 10 of section 64-c of the alcoholic beverage control
law, as added by chapter 538 of the laws of 1997, is amended to read  as
follows:
  10.  Except  as  provided in subdivisions seven, SEVEN-A, eight, nine,
twelve, thirteen, fourteen  and  sixteen  of  this  section,  no  person
licensed  under this section may be interested directly or indirectly in
any other premises in this state where alcoholic beverages are  manufac-
tured  or  sold. Any person who has an interest in premises eligible for
conversion under subdivision nine of this section shall  not  be  issued
any license under this section unless and until a conversion application
has been filed with and approved by the authority.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11581-01-9

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