NY State Senate Bill S6970

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 (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.471
Aug 18, 2010	delivered to governor
Jun 24, 2010	returned to senate passed assembly ordered to third reading rules cal.346 substituted for a10031
Jun 17, 2010	referred to codes delivered to assembly passed senate
Jun 10, 2010	advanced to third reading
Jun 09, 2010	2nd report cal.
Jun 08, 2010	1st report cal.789
May 04, 2010	reported and committed to finance
Mar 01, 2010	referred to commerce, economic development and small business

Votes

view votes

Jun 17, 2010 - floor Vote

S6970

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2010 - Finance committee Vote

S6970

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 4, 2010 - Commerce, Economic Development and Small Business committee Vote

S6970

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S6970 (ACTIVE) - Details

See Assembly Version of this Bill:: A10031
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L

S6970 (ACTIVE) - Summary

Relates to brewer's licenses.

S6970 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6970

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to
brewer's licenses


 PURPOSE :
To allow New York State breweries to maximize the use of their
premises and equipment.

 SUMMARY OF PROVISIONS :
Section 1: Amends subdivision seven of section fifty-one of the
alcoholic beverage control law to allow for premises including space
and equipment to be rented by a licensed tenant brewer and allows for
brewers to manufacture produce, blend, package, bottle, purchase, sell
and deliver alcoholic beverage beverages.

 JUSTIFICATION :
Alternating proprietorships promote economic development by allowing
existing breweries to use excess capacity by leasing space and
equipment to tenant brewers. Current federal law allows for breweries
to lease space and equipment to a tenant brewer (TTB Circular 2005-2).
In addition, State Law and Review commission in its recent report "The
New York State Law Revisions Commission Report on the Alcoholic
Beverage Control Law and its Administration, December 15, 2009"

recommended that, with regards to brewers, "..permitting an
alternating proprietorship or a contract brewing arrangement is
consistent with federal law and should be made part of the ABC law."

According to recent industry growth data for US breweries small
independent craft brewers who often produce product through
alternating proprietorships are an important sector of brewery
production accounting for 4% or production and 6.3 % of retail sales.
This and other provisions in the bill such as expanding brewery
licenses to allow for the manufacture of alcoholic beverages for
export are intended to promote the ability of breweries to utilize
their existing facilities in the state to expand investment and create
additional jobs.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
Increase licensing fees.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediate.

S6970 (ACTIVE) - Bill Text download pdf

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

                                  6970

                            I N  S E N A T E

                              March 1, 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
  brewer's licenses

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

  Section  1.  Subdivision  7  of  section  51 of the alcoholic beverage
control law, as amended by chapter 871 of the laws of 1986,  is  amended
to read as follows:
  7.  Notwithstanding  any  contrary  provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to  the  activ-
ities  which  may  otherwise  be  carried on by any person licensed as a
brewer under this chapter, such person may, on the  premises  designated
in  such  license:  (a)  produce, package, bottle, sell and deliver soft
drinks and other non-alcoholic beverages, vitamins,  malt,  malt  sirup,
and other by-products; (b) dry spent grain from the brewery; (c) recover
carbon  dioxide  and  yeast;  (d)  store  bottles, packages and supplies
necessary or incidental to  all  such  operations;  [and]  (e)  package,
bottle,  sell  and  deliver  wine  products;  (F) ALLOW FOR THE PREMISES
INCLUDING SPACE AND EQUIPMENT TO BE RENTED BY A LICENSED  TENANT  BREWER
FOR  THE  PURPOSES  OF ALTERNATION; AND (G) MANUFACTURE, PRODUCE, BLEND,
PACKAGE, BOTTLE, PURCHASE, SELL AND DELIVER ALCOHOLIC BEVERAGES. If  any
licensed  brewer  desires to engage in any of the [foregoing] activities
IN PARAGRAPH (A), (B), (C), (D) OR (E) OF  THIS  SUBDIVISION  which  (a)
require  the  use of by-products or wastage from the production of beer,
or utilize buildings, room-areas or equipment not fully employed in  the
production of beer; or (b) are reasonably necessary to realize the maxi-
mum  benefit  from the premises and equipment and to reduce the overhead
of the brewery; or (c) are in the public interest because  of  emergency
conditions;  or  (d) involve experiments or research projects related to
equipment, materials, processes, products, by-products or wastage of the
brewery, he shall submit an application so to do to the liquor  authori-
ty, on forms prescribed and furnished by it. If the authority determines

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

                                                           LBD15733-01-0

S. 6970                             2

that  the  activities  specified  in the application will not impede the
effective administration of the alcoholic beverage control law,  it  may
approve such application, subject to such restrictions or modifications,
and  in such manner and form as it may determine, and no brewer licensed
under this chapter shall engage in any such activities without the prior
approval of the authority. PROVIDED, HOWEVER,  IF  THE  LICENSED  BREWER
DESIRES  TO  ENGAGE IN ANY ACTIVITIES IDENTIFIED IN PARAGRAPH (F) OR (G)
OF THIS SUBDIVISION THE LICENSEE SHALL SUBMIT AN APPLICATION TO DO SO TO
THE LIQUOR AUTHORITY, ON FORMS PRESCRIBED AND FURNISHED BY  IT.  IF  THE
AUTHORITY  DETERMINES  THAT  THE ACTIVITIES SPECIFIED IN THE APPLICATION
WILL NOT IMPEDE THE EFFECTIVE ADMINISTRATION OF  THIS  CHAPTER,  IT  MAY
APPROVE SUCH APPLICATION, SUBJECT TO SUCH RESTRICTIONS OR MODIFICATIONS,
AND  IN  SUCH  MANNER AND FORM AS IT MAY DETERMINE. THE APPROVAL OF SUCH
APPLICATION SHALL BE  SUBJECT  TO  THE  IMPOSITION  OF  SUCH  ADDITIONAL
LICENSE  FEES  FOR  SUCH  ACTIVITIES IDENTIFIED IN PARAGRAPH (G) OF THIS
SUBDIVISION CONSISTENT WITH THE MANUFACTURE OF ANY  ALCOHOLIC  BEVERAGES
UNDER THIS ARTICLE AND ARTICLES FIVE AND SIX OF THIS CHAPTER. The liquor
authority is hereby authorized to adopt such rules and regulations as it
may  determine  necessary  to effectuate the provisions of this subdivi-
sion.
  S 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S6970

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 17, 2010 - floor Vote

Floor Vote: Jun 17, 2010

Jun 8, 2010 - Finance committee Vote

Finance Committee Vote: Jun 8, 2010

May 4, 2010 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 4, 2010

S6970 (ACTIVE) - Details

S6970 (ACTIVE) - Summary

S6970 (ACTIVE) - Sponsor Memo

S6970 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6970

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Sponsored By

William T. Stachowski

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2010 - floor Vote

Floor Vote: Jun 17, 2010

Jun 8, 2010 - Finance committee Vote

Finance Committee Vote: Jun 8, 2010

May 4, 2010 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 4, 2010

S6970 (ACTIVE) - Details

S6970 (ACTIVE) - Summary

S6970 (ACTIVE) - Sponsor Memo

S6970 (ACTIVE) - Bill Text download pdf

Comments