NY State Senate Bill S6816B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.292
Jul 19, 2010	delivered to governor
May 18, 2010	returned to senate passed assembly ordered to third reading cal.863 substituted for a9923a
Apr 07, 2010	referred to economic development delivered to assembly passed senate
Mar 29, 2010	amended on third reading 6816b
Mar 11, 2010	advanced to third reading
Mar 10, 2010	2nd report cal.
Mar 09, 2010	1st report cal.244
Feb 11, 2010	print number 6816a
Feb 11, 2010	amend and recommit to commerce, economic development and small business
Feb 10, 2010	referred to commerce, economic development and small business

Votes

view votes

Apr 7, 2010 - floor Vote

S6816B

floor

Aye

Nay

Absent

Excused

Abstained

Mar 9, 2010 - Commerce, Economic Development and Small Business committee Vote

S6816A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S6816 - Details

See Assembly Version of this Bill:: A9923
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L

S6816 - Summary

Relates to beer and/or malt beverage tasting permits.

S6816 - Sponsor Memo

 BILL NUMBER:  S6816

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to
beer and/or malt beverage tasting permits


 PURPOSE OR GENERAL IDEA OF BILL :
This bill is designed to effectuate the legislative intent in the
enactment of Chapter 439 of the Laws of 2007 and allow all brewers and
distributors of beer and malt beverages to qualify for an annual
tastings permit in addition to the daily permits available to them.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends subparagraphs (a) and (b) of paragraph 8 of section
51 of the alcoholic beverage control law to allow all applicants for
off premises tasting permits authorized under this section to choose
either an annual permit or a three-day permit.

 STATEMENT IN SUPPORT OF LEGISLATION :
When the Legislature approved what became Chapter 439 of the Laws of
2007 it had the intention of allowing all brewers or manufacturers of
beer and malt beverages who distributed their beverages in the State
of New York to have the ability to offer tastings at off-premises
licensees and to allow all of these entities to have the option of
seeking either an annual permit or a three day permit for this

purpose.

Unfortunately, due to an inadvertent drafting error in the original
bill, certain out of state brewers and manufacturers who do not posses
a brewer's license pursuant to the Alcoholic Beverage Control Law have
been determined to be eligible for only the three day permit.

This legislation is designed to correct that issue and allow them
access to the annual permit on the same terms and conditions as
entities holding a Brewer's license from the State of New York.

Enactment of this legislation is also necessary to ensure that there
are no unintended violations of the United States Supreme Court
holding in the Granholm case that prohibits this type of
discrimination among entities involved in liquor distribution.

 FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS :
None.

 PRIOR LEGISLATIVE HISTORY :
New Bill for 2010

 EFFECTIVE DATE :
This bill will take effect immediately upon being signed by the
Governor.

S6816 - Bill Text download pdf

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

                                  6816

                            I N  S E N A T E

                            February 10, 2010
                               ___________

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

AN  ACT to amend the alcoholic beverage control law, in relation to beer
  and/or malt beverage tasting permits

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

  Section  1.  Paragraphs  (a) and (b) of subdivision 8 of section 51 of
the alcoholic beverage control law, as amended by  chapter  459  of  the
laws of 2007, are amended to read as follows:
  (a)  A licensee or his or her employee, or a brewer or manufacturer as
defined in section three of this chapter OR ITS  EMPLOYEE  OR  REPRESEN-
TATIVE, or an importer having a basic permit as required by section 1.20
of title 27 of the code of federal regulations OR ITS EMPLOYEE OR REPRE-
SENTATIVE,  may  obtain  a permit to serve small samples of beer or malt
beverages he or she produces or imports at establishments licensed under
section fifty-four or fifty-four-a of  this  article.  Furthermore  such
permit  may  also  be obtained for serving small samples of beer or malt
beverages produced or imported by such licensee, brewer, manufacturer or
importer at annual fairs sponsored  by  agricultural  and  horticultural
societies  as  defined  in section fourteen hundred nine of the not-for-
profit corporation law, and for sampling at the licensed premises of the
holder of a wholesaler's license under section fifty-three of this arti-
cle issued or renewed prior to July first, nineteen hundred  sixty,  and
thereafter  renewed  or transferred, which authorizes the holder thereof
to sell beer at retail to a person for consumption in his or her home.
  (b) The fee for a temporary brewer  tasting  permit  shall  be  twenty
dollars and shall be issued by the authority and dated for its period of
use,  which  shall  not exceed three days. [A licensee] AN APPLICANT FOR
SUCH PERMIT may also apply for an annual brewer tasting permit for a fee
of one thousand dollars which shall be issued by the authority.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15869-02-0

S6816A - Details

See Assembly Version of this Bill:: A9923
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L

S6816A - Summary

Relates to beer and/or malt beverage tasting permits.

S6816A - Sponsor Memo

 BILL NUMBER:  S6816A

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to
beer and/or malt beverage tasting permits

 PURPOSE OR GENERAL IDEA OF BILL :
This bill is designed to effectuate the legislative intent in the
enactment of Chapter 439 of the Laws of 2007 and allow all brewers and
distributors of beer and malt beverages to qualify for an annual
tastings permit in addition to the daily permits available to them.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends subparagraphs (a) and (b) of paragraph 8 of section
51 of the alcoholic beverage control law to allow all applicants for
off premises tasting permits authorized under this section to choose
either an annual permit or a three-day permit.

 STATEMENT IN SUPPORT OF LEGISLATION :
When the Legislature approved what became Chapter 439 of the Laws of
2007 it had the intention of allowing all brewers or manufacturers of
beer and malt beverages who distributed their beverages in the State
of New York to have the ability to offer tastings at off-premises
licensees and to allow all of these entities to have the option of
seeking either an annual permit or a three day permit for this
purpose.  Unfortunately, due to an inadvertent drafting error in the

original bill, certain out of state brewers·and manufacturers who do
not posses· a brewer's license pursuant to. the Alcoholic Beverage
Control Law have been determined to be eligible for only the three day
permit.  This legislation is designed to correct that issue and allow
them access to the annual permit on the same terms and conditions as
entities holding a Brewer's license from the State of New York.
Enactment of this legislation is also necessary to ensure that there
are no unintended violations of the united States Supreme Court
holding in the Granholm case that prohibits this type of
discrimination among entities involved in liquor distribution.

 FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS :
None.

 PRIOR LEGISLATIVE HISTORY :
New Bill for 2010

 EFFECTIVE DATE :
This bill will take effect immediately upon being signed by the
Governor.

S6816A - Bill Text download pdf

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

                                 6816--A

                            I N  S E N A T E

                            February 10, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development  and Small Business -- 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  beer
  and/or malt beverage tasting permits

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

  Section 1. Paragraphs (a) and (b) of subdivision 8 of  section  51  of
the  alcoholic  beverage  control  law, as amended by chapter 439 of the
laws of 2007, are amended to read as follows:
  (a) A licensee or his or her employee, or a brewer or manufacturer  as
defined  in  section  three of this chapter OR ITS EMPLOYEE OR REPRESEN-
TATIVE, or an importer having a basic permit as required by section 1.20
of title 27 of the code of federal regulations OR ITS EMPLOYEE OR REPRE-
SENTATIVE, may obtain a permit to serve small samples of  beer  or  malt
beverages he or she produces or imports at establishments licensed under
section  fifty-four  or  fifty-four-a  of this article. Furthermore such
permit may also be obtained for serving small samples of  beer  or  malt
beverages produced or imported by such licensee, brewer, manufacturer or
importer  at  annual  fairs  sponsored by agricultural and horticultural
societies as defined in section fourteen hundred nine  of  the  not-for-
profit corporation law, and for sampling at the licensed premises of the
holder of a wholesaler's license under section fifty-three of this arti-
cle  issued  or renewed prior to July first, nineteen hundred sixty, and
thereafter renewed or transferred, which authorizes the  holder  thereof
to sell beer at retail to a person for consumption in his or her home.
  (b)  The  fee  for  a  temporary brewer tasting permit shall be twenty
dollars and shall be issued by the authority and dated for its period of
use, which shall not exceed three days. [A licensee]  AN  APPLICANT  FOR
SUCH PERMIT may also apply for an annual brewer tasting permit for a fee
of one thousand dollars which shall be issued by the authority.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15869-03-0

S6816B (ACTIVE) - Details

See Assembly Version of this Bill:: A9923
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L

S6816B (ACTIVE) - Summary

Relates to beer and/or malt beverage tasting permits.

S6816B (ACTIVE) - Sponsor Memo

BILL NUMBER:S6816B

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to beer
and/or malt beverage tasting permits

PURPOSE OF GENERAL IDEA OF BILL:
This bill is designed to effectuate the legislative intent in the enact-
ment of Chapter 439 of the Laws of 2007 and allow all brewers and
distributors of beer and malt beverages to qualify for an annual tast-
ings permit in addition to the daily permits available to them.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends subparagraphs (a) and (b) of paragraph 8 of section 51
of the alcoholic beverage control law to allow all applicants for off
premises tasting permits authorized under this section to choose either
an annual permit or a three-day permit.

STATEMENT IN SUPPORT OF LEGISLATION:
When the Legislature approved what became Chapter 439 of the Laws of
2007 it had the intention of allowing all brewers or manufacturers of
beer and malt beverages who distributed their beverages in the state of
New York to have the ability to offer tastings at off-premises licensees
and to allow all of these entities to have the option of seeking either
an annual permit or a three day permit for this purpose. Unfortunately,
due to an inadvertent drafting error in the original bill, certain out

of state brewers' and manufacturers who do not possess a brewer's
license pursuant to the Alcoholic Beverage Control Law have been deter-
mined to be eligible for only the three day permit. This legislation is
designed to correct that issue and allow them access to the annual
permit on the same terms and conditions as entities holding a Brewer's
license from the State of New York. Enactment of this legislation is
also necessary to ensure that there are no unintended violations of the
United States Supreme Court holding in the Granholm case that prohibits
this type of discrimination among entities involved in liquor distrib-
ution.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:
None.

PRIOR LEGISLATIVE HISTORY:
New Bill for 2010

EFFECTIVE DATE:
This bill will take effect immediately upon being signed by the Gover-
nor.

S6816B (ACTIVE) - Bill Text download pdf

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

                                 6816--B
    Cal. No. 244

                            I N  S E N A T E

                            February 10, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development  and Small Business -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a 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 beer
  and/or malt beverage tasting permits

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

  Section  1.  Paragraphs  (a) and (b) of subdivision 8 of section 51 of
the alcoholic beverage control law, as amended by  chapter  439  of  the
laws of 2007, are amended to read as follows:
  (a)  A licensee or his or her employee, or a brewer or manufacturer as
defined in section three of this chapter OR ITS  EMPLOYEE  OR  REPRESEN-
TATIVE, or an importer having a basic permit as required by section 1.20
of title 27 of the code of federal regulations OR ITS EMPLOYEE OR REPRE-
SENTATIVE,  may  obtain  a permit to serve small samples of beer or malt
beverages he or she produces or imports at establishments licensed under
section fifty-four or fifty-four-a of  this  article.  Furthermore  such
permit  may  also  be obtained for serving small samples of beer or malt
beverages produced or imported by such licensee, brewer, manufacturer or
importer at annual fairs sponsored  by  agricultural  and  horticultural
societies  as  defined  in section fourteen hundred nine of the not-for-
profit corporation law, and for sampling at the licensed premises of the
holder of a wholesaler's license under section fifty-three of this arti-
cle issued or renewed prior to July first, nineteen hundred  sixty,  and
thereafter  renewed  or transferred, which authorizes the holder thereof
to sell beer at retail to a person for consumption in his or  her  home.
FOR  PURPOSES  OF  THIS  PARAGRAPH, A REPRESENTATIVE SHALL NOT INCLUDE A
PERSON LICENSED UNDER SECTION FIFTY-THREE OF THIS ARTICLE OR HIS OR  HER
EMPLOYEES.

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

                                                           LBD15869-05-0

S. 6816--B                          2

  (b)  The  fee  for  a  temporary brewer tasting permit shall be twenty
dollars and shall be issued by the authority and dated for its period of
use, which shall not exceed three days. [A licensee]  AN  APPLICANT  FOR
SUCH PERMIT may also apply for an annual brewer tasting permit for a fee
of one thousand dollars which shall be issued by the authority.
  S 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S6816B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 7, 2010 - floor Vote

Floor Vote: Apr 7, 2010

Mar 9, 2010 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Mar 9, 2010

Bill Amendments

S6816 - Details

S6816 - Summary

S6816 - Sponsor Memo

S6816 - Bill Text download pdf

S6816A - Details

S6816A - Summary

S6816A - Sponsor Memo

S6816A - Bill Text download pdf

S6816B (ACTIVE) - Details

S6816B (ACTIVE) - Summary

S6816B (ACTIVE) - Sponsor Memo

S6816B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6816B

Share this bill

Sponsored By

William T. Stachowski

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 7, 2010 - floor Vote

Floor Vote: Apr 7, 2010

Mar 9, 2010 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Mar 9, 2010

Bill Amendments

S6816 - Details

S6816 - Summary

S6816 - Sponsor Memo

S6816 - Bill Text download pdf

S6816A - Details

S6816A - Summary

S6816A - Sponsor Memo

S6816A - Bill Text download pdf

S6816B (ACTIVE) - Details

S6816B (ACTIVE) - Summary

S6816B (ACTIVE) - Sponsor Memo

S6816B (ACTIVE) - Bill Text download pdf

Comments