NY State Senate Bill 2011-S1652

Senate Bill S1652

2011-2012 Legislative Session

Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages

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
Feb 27, 2012	print number 1652a
Feb 27, 2012	amend (t) and recommit to commerce, economic development and small business
Jan 04, 2012	referred to commerce, economic development and small business
Jan 11, 2011	referred to commerce, economic development and small business

Bill Amendments

Original

A (Active)

2011-S1652 - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8183
2013-2014: S434
2015-2016: S1860
2017-2018: S4399

2011-S1652 - Summary

Relates to permits for brewers, manufacturers, and importers 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.

2011-S1652 - Sponsor Memo

                                BILL NUMBER:S1652

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 brewers to offer small samples of their malt
beverage products. Samples per brand shall not exceed 3 ounces per
serving. The permit holder shall receive for distribution all
products that shall be properly invoiced and inventoried and return
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 seventy-three craft brewing facilities
this bill provides small brewers an inexpensive opportunity to
advertise, 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, 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
brewers 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:
2010 - S.8183/A.11393

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.

2011-S1652 - Bill Text download pdf

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

                                  1652

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen.  DILAN  -- 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
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06313-01-1

S. 1652                             2

  (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,
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.

2011-S1652A (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8183
2013-2014: S434
2015-2016: S1860
2017-2018: S4399

2011-S1652A (ACTIVE) - Summary

2011-S1652A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1652A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permits for
brewers, manufacturers and importers of beer or malt beverages

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 brewers to offer small samples of their malt
beverage products. Samples per brand shall not exceed 3 ounces per
serving. The permit holder shall receive for distribution all
products that shall be properly invoiced and inventoried and return
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 seventy-three craft brewing facilities
this bill provides brewers an inexpensive opportunity to advertise,
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, bars or
restaurants. The craft brewing industry is a growing industry in New
York and has revitalized 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 brewers 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:
Similar to S.8183/A.11393 of 2010

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.

2011-S1652A (ACTIVE) - Bill Text download pdf

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

                                 1652--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business -- recommitted to the Committee on Commerce,
  Economic Development and Small Business in accordance with Senate Rule
  6,  sec. 8 -- 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
  permits  for  brewers,  manufacturers  and  importers  of beer or malt
  beverages

  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  BREWER OR MANUFACTURER AS DEFINED IN SECTION THREE OF THIS
CHAPTER, OR AN IMPORTER HAVING A BASIC PERMIT  AS  REQUIRED  BY  SECTION
1.20 OF TITLE 27 OF THE CODE OF FEDERAL REGULATIONS, MAY OBTAIN A PERMIT
TO  SERVE SMALL SAMPLES OF BEER OR MALT BEVERAGES IT PRODUCES OR IMPORTS
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
MANUFACTURER  OR  IMPORTER OR ITS EMPLOYEE AND SHALL BE LIMITED TO THREE
OUNCES OR LESS OF A BRAND OF BEER OR MALT BEVERAGE PRODUCED OR  IMPORTED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06313-03-2

S. 1652--A                          2

BY  THE  BREWER OR MANUFACTURER OR IMPORTER AND NO CONSUMER OF LEGAL AGE
SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
FOR TASTING.
  (E)  THE  BREWER  OR MANUFACTURER OR IMPORTER SHALL BE RESPONSIBLE FOR
ENSURING THAT SUCH SAMPLES ARE ONLY SERVED TO INDIVIDUALS LEGALLY ELIGI-
BLE TO CONSUME ALCOHOLIC BEVERAGES IN THIS STATE.
  (F) THE AUTHORITY MAY  ISSUE  PERMITS  TO  MORE  THAN  ONE  BREWER  OR
MANUFACTURER OR IMPORTER FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNC-
TION, OCCASION OR EVENT.
  (G)  SUCH  PERMIT  SHALL  INCLUDE  THE  PRIVILEGE TO SELL BEER OR MALT
BEVERAGES PRODUCED BY THE BREWER OR MANUFACTURER OR SOLD BY THE IMPORTER
AT SUCH OUTDOOR OR INDOOR GATHERING, 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 OR
MANUFACTURER OR IMPORTER.
  (I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS  TO
A  BREWER OR MANUFACTURER OR IMPORTER TO OBTAIN SUCH PERMIT, AND PROMUL-
GATE SUCH RULES AND REGULATIONS, 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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