NY State Senate Bill 2009-S8183

Senate Bill S8183

2009-2010 Legislative Session

Relates to permits for licensed brewers to serve small samples of their beer or malt beverages

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 23, 2010	ordered to third reading cal.1166
Jun 15, 2010	referred to rules

Votes

- Jun 23, 2010 - Rules Committee Vote
  S8183
  
  18
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 23, 2010
      
      aye (18)
      
      Dilan
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Montgomery
      
      Parker
      
      Saland
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (4)
      
      Duane
      
      Padavan
      
      Seward
      
      Skelos
      
      absent (1)
      
      Hannon

2009-S8183 (ACTIVE) - Details

See Assembly Version of this Bill:: A11393
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1652
2013-2014: S434
2015-2016: S1860
2017-2018: S4399

2009-S8183 (ACTIVE) - Summary

Relates to permits for licensed brewers to serve small samples of their beer or malt beverages at certain events; includes fees and definition of small sample; such permit shall include the privilege to sell such beverages for consumption off-premises.

2009-S8183 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8183

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
permits for licensed brewers

PURPOSE OF THE BILL:
This bill amend § 51 of the Alcoholic Beverage Control Law by adding a
new subdivision 9 to allow a licensed brewer to obtain a Beer Festival
permit from the State Liquor Authority and allow participating brewers
and their brewery personnel to dispense and serve their products to
persons of legal age.

SUMMARY OF SPECIFIC PROVISIONS:
This bill allows a licensed brewer to obtain a permit to hold a Beer
Festival and to invite brewer to offer small samples of their malt
beverage products. Samples per brand shall not exceed 3 ounces per serv-
ing. The permit holder shall receive for distribution all products that
shall be properly invoiced and inventoried and ref= any unused product
to the distributor for credit. Each participating brewer or the brewer's
representative shall be allowed to dispense and serve their products.
The brewers participating may sell sealed containers for off-premises
consumption. Food products may be available for sale and proper security
must be provided at each Beer Festival to determine lawful proof of age
and to remove any patron that appears intoxicated or is out of order.

JUSTIFICATION:
The state presently licenses severity-three craft brewing facilities and
this bill provides small brewers an inexpensive opportunity to adver-
tise, dispense and serve their products and to interact directly with
target patrons who may not be able to sample craft beers as they are not
readily available in most licensed food stores or bars or restaurants.
The craft brewing industry is a growing industry in New York and has
vitalized the economy and added to the workforce in many urban areas of
our state.  The New York State Law Revision Commission recommended in
their final report that "the law should be amended to clarify that brew-
ers participating in beer festivals can supervise the tasting of their
beer and take back left over products and that licensed brewers or their
employees should be allowed to dispense and serve the brewer's product
at beer festivals."

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
This bill generates a modest new sum annually.  The permit fee is $20
per function.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-S8183 (ACTIVE) - Bill Text download pdf

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

                                  8183

                            I N  S E N A T E

                              June 15, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permits for licensed brewers

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

  Section 1. Section 51 of the alcoholic beverage control law is amended
by adding a new subdivision 9 to read as follows:
  9. (A) A LICENSED BREWER MAY OBTAIN A PERMIT TO SERVE SMALL SAMPLES OF
BEER OR MALT BEVERAGES IT PRODUCES  AT  OUTDOOR  OR  INDOOR  GATHERINGS,
FUNCTIONS, OCCASIONS OR EVENTS.
  (B)  THE  FEE  FOR  SUCH  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.
  (C) TASTINGS AT SUCH OUTDOOR OR INDOOR  GATHERINGS,  FUNCTIONS,  OCCA-
SIONS  OR  EVENTS  SHALL  BE CONDUCTED ONLY WITHIN THE HOURS FIXED BY OR
PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER,
DURING WHICH ALCOHOLIC BEVERAGES MAY BE LAWFULLY  SOLD  OR  SERVED  UPON
PREMISES  LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
IN THE COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR  OR  INDOOR
GATHERING, FUNCTION, OCCASION OR EVENT IS HELD.
  (D) EACH SERVING AT TASTINGS SHALL BE SERVED ONLY BY THE BREWER OR ITS
EMPLOYEE AND SHALL BE LIMITED TO THREE OUNCES OR LESS OF A BRAND OF BEER
OR  MALT  BEVERAGE  PRODUCED  BY THE BREWER AND NO CONSUMER OF LEGAL AGE
SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
FOR TASTING.
  (E) THE BREWER SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH SAMPLES ARE
ONLY SERVED TO INDIVIDUALS LEGALLY ELIGIBLE TO CONSUME ALCOHOLIC  BEVER-
AGES IN THIS STATE.
  (F)  THE  AUTHORITY MAY ISSUE PERMITS TO MORE THAN ONE LICENSED BREWER
FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNCTION, OCCASION OR EVENT.
  (G) SUCH PERMIT SHALL INCLUDE THE  PRIVILEGE  TO  SELL  BEER  OR  MALT
BEVERAGES  PRODUCED  BY  THE BREWER AT SUCH OUTDOOR OR INDOOR GATHERING,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17672-01-0

S. 8183                             2

FUNCTION, OCCASION OR  EVENT,  IN  SEALED  CONTAINERS  FOR  OFF-PREMISES
CONSUMPTION.
  (H)  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM THE
SAMPLING OR SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED  BY  THIS
SUBDIVISION,  AND  IN  ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100
AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER.
  (I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS  TO
A  BREWER  TO  OBTAIN  SUCH  PERMIT, AND PROMULGATE SUCH RULES AND REGU-
LATIONS,  AS  IT  DEEMS  NECESSARY  OR  APPROPRIATE  TO  IMPLEMENT   THE
PROVISIONS OF THIS SUBDIVISION TO PROTECT THE HEALTH, SAFETY AND WELFARE
OF THE PEOPLE OF THIS STATE.
  S 2. This act shall take effect immediately.

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