senate Bill S3109A

2011-2012 Legislative Session

Permits persons with retail and wholesale licenses to provide beer samples at licensed premises or establishments

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to commerce, economic development and small business
Jun 24, 2011 committed to rules
Jun 13, 2011 amended on third reading 3109a
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.424
Feb 08, 2011 referred to commerce, economic development and small business

Bill Amendments

Original
A (Active)
Original
A (Active)

S3109 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§54, 54-a, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S3246

S3109 - Bill Texts

view summary

Permits persons with retail and wholesale licenses to provide beer samples at licensed premises or establishments.

view sponsor memo
BILL NUMBER:S3109

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
licensees to provide beer samples

PURPOSE:
Enactment of this legislation would permit persons with licenses to
sell beer or wine products for consumption off premises to provide
beer samples.

SUMMARY OF PROVISIONS:
Section 1 amends section 54 of the alcoholic beverage control law by
adding a new subdivision 6 permitting a licensee or any employee of
such to serve samples of beer or malt beverages sold at the
establishment, mandating that such sample shall consist of no more
than four one ounce samples. The penalties for the violation(s) of
this provision are also spelled out: first offense is a fine of one
hundred dollars; a second offense is a fine of five hundred dollars
and a third offense would be the penal sum of the bond filed by the
licensee.

Section 2 amends section 54-a of the alcoholic beverage control law by
adding a new subdivision 4 permitting a licensee or any employee of
such to serve samples of beer or malt beverages sold at the
establishment, mandating that such sample shall consist of no more
than four one ounce samples. The penalties for the violation(s)
of this provision are also spelled out: first offense is a fine of one
hundred dollars; a second offense is a fine of five hundred dollars
and a third offense would be the penal sum of the bond filed by the
licensee.

EXISTING LAW:
Under existing law, licensees or the employees of such businesses are
not permitted to offer samples of the products sold.

JUSTIFICATION:

With the growing number of micro brewers and an increasing demand for
beer produced by small· boutique brewers, customers have indicated a
willingness to go beyond the beer products offered by the country's
largest brewers and try the products produced by their local brewer.
These new beers often are only available as a draught product and
sold in one gallon or similar size bottles, so while customers are
willing to try something new, they may often balk at buying one
gallon of a beer they have no idea as to its taste.

Similarly, customers would have the opportunity to taste a sample of
any beer offered in a store should the proprietor be willing to offer
such samples. Customers would be limited to four, one ounce servings
during any visit.

By permitting a licensee (or an employee) of store to offer a sample
of the product customers, the brewers and the seller will all benefit.


LEGISLATIVE HISTORY:
2009-2010: S.3246/A.7151, Referred to Economic Development

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, but be subject to the
implementation of rules and regulations by the State Liquor Authority.

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

                                  3109

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- 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
  permitting licensees to provide beer samples

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

  Section 1. Section 54 of the alcoholic beverage control law is amended
by adding a new subdivision 6 to read as follows:
  6.  (A)  A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT THEIR LICENSED
ESTABLISHMENT SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT  SUCH
ESTABLISHMENT.
  (B)  EACH  SAMPLE  SHALL  BE SERVED ONLY BY THE LICENSEE OR HIS OR HER
EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
PROVIDED OR GIVEN MORE THAN FOUR SERVINGS OF SUCH  SAMPLES  IN  ANY  ONE
DAY.
  (C)  A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDI-
VISION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN  ACCORD-
ANCE WITH THE FOLLOWING:
  (I)  FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS.
  (II) FOR A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF  A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  (III)  FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY RECOVER,
AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
OF THE BOND FILED BY THE LICENSEE.
  S 2. Section 54-a of the alcoholic beverage control law is amended  by
adding a new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07887-01-1

S. 3109                             2

  4.  (A)  A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT THEIR LICENSED
ESTABLISHMENT SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT  SUCH
ESTABLISHMENT.
  (B)  EACH  SAMPLE  SHALL  BE SERVED ONLY BY THE LICENSEE OR HIS OR HER
EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
PROVIDED OR GIVEN MORE THAN FOUR SERVINGS OF SUCH  SAMPLES  IN  ANY  ONE
DAY.
  (C)  A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDI-
VISION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN  ACCORD-
ANCE WITH THE FOLLOWING:
  (I)  FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS.
  (II) FOR A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF  A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  (III)  FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY RECOVER,
AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
OF THE BOND FILED BY A LICENSEE.
  S 3. This act shall take effect  immediately.  Effective  immediately,
the  state  liquor  authority is authorized to promulgate such rules and
regulations as it  deems  necessary  or  appropriate  to  implement  the
provisions  of this act to protect the health, safety and welfare of the
people of this state.

S3109A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§54, 54-a, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S3246

S3109A (ACTIVE) - Bill Texts

view summary

Permits persons with retail and wholesale licenses to provide beer samples at licensed premises or establishments.

view sponsor memo
BILL NUMBER:S3109A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
licensees to provide beer samples

PURPOSE OR GENERAL IDEA OF BILL:
Enactment of this legislation would permit persons with licenses to
sell beer or wine products for consumption off premises to provide
beer samples.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 54 of the alcoholic beverage control law by
adding a new subdivision 6 permitting a licensee or any employee of
such licensee provided the licensee does not sell gasoline, to serve
samples of beer or malt beverages sold at the establishment,
mandating that such sample shall consist of no more than four one
ounce samples. The penalties for the violation(s) of this provision
are also spelled out: first offense is a fine of one hundred dollars;
a second offense is a fine of five hundred dollars and a third
offense would be the penal sum of the bond filed by the licensee.

Section 2 amends section 54-a of the alcoholic beverage control law by
adding a new subdivision 4 permitting a licensee or any employee of
such to serve samples of beer or malt beverages sold at the
establishment, mandating that such sample shall consist of no more
than four one ounce samples. The penalties for the violation(s) of
this provision are also spelled out: first offense is a fine of one
hundred dollars; a second offense is a fine of five hundred dollars
and a third offense would be the penal sum of the bond filed by the
licensee.

Section 3 amends section 53 of the alcoholic beverage control law by
chapter 361 if the laws of 1994 to allow any person to apply to the
liquor authority for a license to sell beer at wholesale.

A licensee or employee of licensee may serve at the licensed premises
provided the licensee does not sell gasoline and that the sample of
beer or malt beverages sold at wholesale shall not be served at the
licensed premises after 10p.m. on any day.

The penalties for the violation(s) of this provision are also spelled
out: first offense is a fine of one hundred dollars; a second offense
is a fine of five hundred dollars and a third offense would be the
penal sum of the bond filed by the licensee.

JUSTIFICATION:
With the growing number of micro brewers and an increasing demand for
beer produced by small boutique brewers, customers have indicated a
willingness to go beyond the beer products offered by the country's

largest brewers and try the products produced by their local brewer.
These new beers often are only available as a draught product and sold
in one gallon or similar size bottles, so while customers are willing
to try something new, they may often balk at buying one gallon of a
beer they have no idea as to its taste.

Similarly, customers would have the opportunity to taste a sample of
any beer offered in a store should the proprietor be willing to offer
such samples. Customers would he limited to four, one ounce servings
during any visit.

By permitting a licensee (or an employee) of store to offer a sample
of the product customers, the brewers and the seller will all benefit.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.3246/A.7151, Referred to Economic Development

FISCAL IMPLICATIONS:
None to New York State.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, but be subject to the
implementation of rules and regulations by the State Liquor Authority.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3109--A
    Cal. No. 424

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment  and  Small Business -- 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
  permitting licensees to provide beer samples

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

  Section 1. Section 54 of the alcoholic beverage control law is amended
by adding a new subdivision 6 to read as follows:
  6. (A) A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT  THEIR  LICENSED
ESTABLISHMENT,  PROVIDED THE LICENSEE DOES NOT SELL GASOLINE, SAMPLES OF
BEER OR MALT BEVERAGES HE OR SHE SELLS AT SUCH ESTABLISHMENT;  PROVIDED,
HOWEVER,  THAT  SUCH  SAMPLES SHALL NOT BE SERVED AT THE LICENSED ESTAB-
LISHMENT AFTER TEN O'CLOCK IN THE EVENING ON ANY DAY.
  (B) EACH SAMPLE SHALL BE SERVED ONLY BY THE LICENSEE  OR  HIS  OR  HER
EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
PROVIDED  OR  GIVEN  MORE  THAN FOUR SERVINGS OF SUCH SAMPLES IN ANY ONE
DAY.
  (C) A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS  SUBDI-
VISION  SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN ACCORD-
ANCE WITH THE FOLLOWING:
  (I) FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE  OF
NOT MORE THAN ONE HUNDRED DOLLARS.
  (II)  FOR  A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07887-02-1

S. 3109--A                          2

  (III) FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY  RECOVER,
AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
OF THE BOND FILED BY THE LICENSEE.
  S  2. Section 54-a of the alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows:
  4. (A) A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT  THEIR  LICENSED
ESTABLISHMENT,  PROVIDED THE LICENSEE DOES NOT SELL GASOLINE, SAMPLES OF
BEER OR MALT BEVERAGES HE OR SHE SELLS AT SUCH ESTABLISHMENT;  PROVIDED,
HOWEVER,  THAT  SUCH  SAMPLES SHALL NOT BE SERVED AT THE LICENSED ESTAB-
LISHMENT AFTER TEN O'CLOCK IN THE EVENING ON ANY DAY.
  (B) EACH SAMPLE SHALL BE SERVED ONLY BY THE LICENSEE  OR  HIS  OR  HER
EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
PROVIDED  OR  GIVEN  MORE  THAN FOUR SERVINGS OF SUCH SAMPLES IN ANY ONE
DAY.
  (C) A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS  SUBDI-
VISION  SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN ACCORD-
ANCE WITH THE FOLLOWING:
  (I) FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE  OF
NOT MORE THAN ONE HUNDRED DOLLARS.
  (II)  FOR  A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  (III) FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY  RECOVER,
AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
OF THE BOND FILED BY A LICENSEE.
  S  3.  Section 53 of the alcoholic beverage control law, as amended by
chapter 361 of the laws of 1994, is amended to read as follows:
  S 53. Wholesaler's license. 1. Any person  may  apply  to  the  liquor
authority  for  a  license  to  sell beer at wholesale. Such application
shall be in writing and verified and shall contain such  information  as
the  liquor authority shall require.  Such application shall be accompa-
nied by a check or draft for the amount required  by  this  article  for
such  license.  If  the  liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its  rules.
Such  a license shall contain a description of the licensed premises and
in form and in substance shall  be  a  license  to  the  person  therein
specifically designated to sell beer at wholesale in the premises there-
in  specifically  licensed  to  duly licensed wholesalers, retailers and
permittees in this state, and to sell or deliver beer to persons outside
the state pursuant to the laws of the place of such sale or delivery.  A
wholesaler's  license  issued  or  renewed prior to July first, nineteen
hundred sixty, and thereafter renewed or  transferred,  shall  authorize
the holder thereof to sell beer at retail to a person for consumption in
his  OR HER home; provided, however, that regardless of the date issued,
renewed or transferred, a wholesaler's license issued to a brewer or  to
the  wholly-owned  subsidiary  of  a  brewer, shall authorize the holder
thereof to sell beer at retail to a person for consumption in his OR HER
home.
  2. (A) A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT  THEIR  LICENSED
PREMISES,  PROVIDED THE LICENSEE DOES NOT SELL GASOLINE, SAMPLES OF BEER
OR MALT BEVERAGES HE  OR  SHE  SELLS  AT  WHOLESALE  AT  SUCH  PREMISES;
PROVIDED, HOWEVER, THAT SUCH SAMPLES SHALL NOT BE SERVED AT THE LICENSED
PREMISES AFTER TEN O'CLOCK IN THE EVENING ON ANY DAY.
  (B)  EACH  SAMPLE  SHALL  BE SERVED ONLY BY THE LICENSEE OR HIS OR HER
EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE

S. 3109--A                          3

PROVIDED OR GIVEN MORE THAN FOUR SERVINGS OF SUCH  SAMPLES  IN  ANY  ONE
DAY.
  (C)  A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDI-
VISION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN  ACCORD-
ANCE WITH THE FOLLOWING:
  (I)  FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS.
  (II) FOR A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF  A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  (III)  FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY RECOVER,
AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
OF THE BOND FILED BY THE LICENSEE.
  S 4. This act shall take effect  immediately.  Effective  immediately,
the  state  liquor  authority is authorized to promulgate such rules and
regulations as it  deems  necessary  or  appropriate  to  implement  the
provisions  of this act to protect the health, safety and welfare of the
people of this state.

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