NY State Senate Bill 2011-S4242

Senate Bill S4242

Vetoed By Governor

2011-2012 Legislative Session

Permits persons licensed to sell wine at retail for consumption on the premises to sell certain low alcohol beverages

download bill text pdf

Archive: Last Bill Status Via A160 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	tabled vetoed memo.49
Sep 12, 2011	delivered to governor
Jun 15, 2011	returned to assembly passed senate 3rd reading cal.425 substituted for s4242b
Jun 15, 2011	substituted by a160a
May 09, 2011	advanced to third reading
May 04, 2011	2nd report cal. amended 4242b
May 03, 2011	1st report cal.425
Apr 20, 2011	print number 4242a
Apr 20, 2011	amend and recommit to commerce, economic development and small business
Mar 24, 2011	referred to commerce, economic development and small business

Votes

- Jun 15, 2011 - Floor Vote
  A160
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2011
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (2)
      
      Diaz
      
      Parker
  May 3, 2011 - Commerce, Economic Development And Small Business Committee Vote
  S4242
  
  11
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 3, 2011
      
      aye (11)
      
      Alesi
      
      Espaillat
      
      Fuschillo
      
      Griffo
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      McDonald
      
      Ritchie
      
      Robach
      
      Stewart-Cousins
      
      nay (1)
      
      Parker

Bill Amendments

Original

B (Active)

co-Sponsors

2011-S4242 - Details

See Assembly Version of this Bill:: A160
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §81, ABC L
Versions Introduced in 2009-2010 Legislative Session:: S677, A711

2011-S4242 - Summary

Permits persons licensed to sell wine at retail for consumption on the premises to sell certain low alcohol beverages that contain not more than twenty-four per centum alcohol, by volume, and that are produced from agricultural products.

2011-S4242 - Sponsor Memo

                                BILL NUMBER:S4242

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the
sale of certain low alcohol
beverages at retail for consumption on the premises

PURPOSE:
To expand the types of low/medium alcohol content beverages that a
licensee that is authorized to sell wine for consumption on-premises
is also authorized to sell.

SUMMARY OF PROVISIONS:
Section 1: Amends Alcoholic Beverage Control Law section 81(3) to
allow licensees that can sell wine, port and sherry for on-premise
consumption and soju (an alcoholic beverage made exclusively in Korea
with an alcohol content of no more than 24 percent) to also sell
other alcohol beverages with low/medium alcohol content that are made
from agricultural products that have an alcohol content of no more
than 24 percent.

EXISTING LAW:
Under current law, a New York restaurant or other eating establishment
that has a license to sell wine, port or sherry for consumption on the
premises can also sell beer and a liquor called "soju". The only

"soju" that can be sold for consumption 011 the premises in New York
State is soju that is imported from Korea that has an alcohol content
of 24 percent or less.

JUSTIFICATION:
New York restaurants that have a license to sell wine, beer and soju
(that can only be imported soju from Korea) should also be able to
sell other low to medium alcoholic beverages that are manufactured
from products produced or grown in New York State and other localities.

In 2007, S.539/A.2600 was introduced to revise the law so that New
York farmers could have at least as much equal access to sell their
products in New York restaurants as do Korean farmers that produce
soju. Under S.539/A.2600, alcoholic beverages manufactured in New
York were added to the list of alcoholic beverages that could be
sold. This bill passed both the Assembly and Senate, but was Vetoed
by Governor Spitzer. The reason for the Veto was that the bill would
allow for an illegal preference for the sale of NY produced alcoholic
beverages in addition to those produced in Korea and that such a
preference would violate the interstate commerce clause of the United
States Constitution. Implicit in the veto message is that the
current law which gives preferential treatment to Korean products
would violate the U.S. Constitution and perhaps World Trade
Organization (WTO) directives.

This new bill does not allow New York restaurants and other food
establishments to sell alcoholic beverages that have a higher alcohol
content than is currently authorized under the law.
Under current law, licensees that can sell wine for on-premise
consumption are also authorized to sell fortified wines such as ports


and sherries that can have an alcohol content up to 24 percent. Also,
under current law, such establishments can sell soju as long as its
alcoholic content 24 percent or less.

This bill reforms the current law so that all alcoholic beverages that
contain less than 24 percent alcohol, including products such as
Korean produced soju and New York produced products can be sold in
such restaurants.

LEGISLATIVE HISTORY:
See S.539/A.2600, Veto Message Number 50, S.6911 of 2007/2008, S.677 of
2009/2010

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have
become law, but any rules and regulations needed to implement this
act can be promulgated before such date.

2011-S4242 - Bill Text download pdf

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

                                  4242

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced by Sens. LARKIN, CARLUCCI, JOHNSON, RANZENHOFER -- 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 the
  sale of certain low alcohol beverages at retail for consumption on the
  premises

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

  Section  1.  Subdivision  3  of  section  81 of the alcoholic beverage
control law, as amended by chapter 627 of the laws of 2002,  is  amended
to read as follows:
  3.  Such  license  shall  in form and in substance be a license to the
person specifically licensed to sell wine at retail, to be consumed upon
the premises. Such license shall also be deemed to include a license  to
sell  beer  and [soju] CERTAIN LOW ALCOHOL LIQUORS, SPIRITS, DISTILLATES
AND OTHER ALCOHOLIC BEVERAGES at retail to be consumed  under  the  same
terms and conditions without the payment of any additional fee. [For the
purposes of this subdivision, "soju" shall mean an imported Korean alco-
holic  beverage that contains not more than twenty-four per centum alco-
hol, by volume, and is derived  from  agricultural  products.]  FOR  THE
PURPOSES  OF  THIS  SUBDIVISION,  "CERTAIN LOW ALCOHOL LIQUORS, SPIRITS,
DISTILLATES AND OTHER ALCOHOLIC BEVERAGES" SHALL MEAN ANY LIQUORS, SPIR-
ITS, DISTILLATES AND OTHER ALCOHOLIC BEVERAGES  THAT  CONTAIN  NOT  MORE
THAN  TWENTY-FOUR  PER  CENTUM ALCOHOL, BY VOLUME, THAT ARE DERIVED FROM
AGRICULTURAL PRODUCTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that any  rules  or  regu-
lations  necessary  to  implement  this  act  shall be promulgated on or
before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01042-01-1

co-Sponsors

2011-S4242A - Details

See Assembly Version of this Bill:: A160
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §81, ABC L
Versions Introduced in 2009-2010 Legislative Session:: S677, A711

2011-S4242A - Summary

2011-S4242A - Sponsor Memo

                                BILL NUMBER:S4242A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the
sale of certain low alcohol
beverages at retail for consumption on the premises

PURPOSE:
To expand the types of low/medium alcohol content beverages that a
licensee that is authorized to sell wine for consumption on-premises
is also authorized to sell.

SUMMARY OF PROVISIONS:
Section 1: Amends Alcoholic Beverage Control Law section 81(3) to
allow licensees that can sell wine, port and sherry for on-premise
consumption and soju (an alcoholic beverage made exclusively in Korea
with an alcohol content of no more than 24 percent) to also sell
other alcohol beverages with low/medium alcohol content that are made
from agricultural products that have an alcohol content of no more
than 24 percent.

EXISTING LAW:
Under current law, a New York restaurant or other eating establishment
that has a license to sell wine, port or sherry for consumption on
the premises can also sell beer and a liquor called "soju". The only

"soju" that can be sold for consumption on the premises in New York
State is soju that is imported from Korea that has an alcohol content
of 24 percent or less.

JUSTIFICATION:
New York restaurants that have a license to sell wine, beer and soju
(that can only be imported soju from Korea) should also be able to
sell other low to medium alcoholic beverages that are manufactured
from products produced or grown in New York State and other localities.

In 2007, S.539/A.2600 was introduced to revise the law so that New
York farmers could have at least as much equal access to sell their
products in New York restaurants as do Korean farmers that produce
soju. Under S.539/A.2600, alcoholic beverages manufactured in New
York were added to the list of alcoholic beverages that could be
sold. This bill passed both the Assembly and Senate, but was Vetoed
by Governor Spitzer. The reason for the Veto was that the bill would
allow for an illegal preference for the sale of NY produced alcoholic
beverages.

This new bill does not allow New York restaurants and other food
establishments to sell alcoholic beverages that have a higher alcohol
content than is currently authorized under the law.
Under current law, licensees that can sell wine for on-premise
consumption are also authorized to sell fortified wines such as ports
and sherries that can have an alcohol content up to 24 percent. Also,
under current law, such establishments can sell soju as long as its
alcoholic content 24 percent or less.


This bill reforms the current law so that all alcoholic beverages that
contain less than 24 percent alcohol, including New York produced
products can be sold in such restaurants.

LEGISLATIVE HISTORY:
See S.539/A.2600, Veto Message Number 50, S.6911 of 2007/2008,
S.677 of 2009/2010

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law, but any rules and regulations needed to implement this act can
be promulgated before such date.

2011-S4242A - Bill Text download pdf

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

                                 4242--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced by Sens. LARKIN, CARLUCCI, JOHNSON, RANZENHOFER -- 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  the
  sale of certain low alcohol beverages at retail for consumption on the
  premises

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

  Section 1. Subdivision 3 of  section  81  of  the  alcoholic  beverage
control  law,  as amended by chapter 627 of the laws of 2002, is amended
to read as follows:
  3. Such license shall in form and in substance be  a  license  to  the
person specifically licensed to sell wine at retail, to be consumed upon
the  premises. Such license shall also be deemed to include a license to
sell beer [and], soju, AND CERTAIN LOW ALCOHOL LIQUORS, SPIRITS, DISTIL-
LATES AND OTHER ALCOHOLIC BEVERAGES at retail to be consumed  under  the
same  terms  and  conditions  without the payment of any additional fee.
[For the purposes of this subdivision, "soju"  shall  mean  an  imported
Korean  alcoholic  beverage  that contains not more than twenty-four per
centum alcohol, by volume, and is derived from  agricultural  products.]
FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "CERTAIN LOW ALCOHOL LIQUORS,
SPIRITS, DISTILLATES AND  OTHER  ALCOHOLIC  BEVERAGES"  SHALL  MEAN  ANY
LIQUORS, SPIRITS, DISTILLATES AND OTHER ALCOHOLIC BEVERAGES THAT CONTAIN
NOT  MORE  THAN  TWENTY-FOUR  PER  CENTUM  ALCOHOL,  BY VOLUME, THAT ARE
DERIVED FROM AGRICULTURAL PRODUCTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that any  rules  or  regu-
lations  necessary  to  implement  this  act  shall be promulgated on or
before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01042-02-1

co-Sponsors

2011-S4242B (ACTIVE) - Details

See Assembly Version of this Bill:: A160
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §81, ABC L
Versions Introduced in 2009-2010 Legislative Session:: S677, A711

2011-S4242B (ACTIVE) - Summary

2011-S4242B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4242B

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the
sale of certain low alcohol
beverages at retail for consumption on the premises

PURPOSE:
To expand the types of low/medium alcohol content beverages that a
licensee that is authorized to sell wine for consumption on-premises
is also authorized to sell.

SUMMARY OF PROVISIONS:
Section 1: Amends Alcoholic Beverage Control Law section 81 (3) to
allow licensees that can sell wine, port and sherry for on-premise
consumption and soju (an alcoholic beverage made exclusively in Korea
with an alcohol content of no more than 24 percent) to also sell
other alcohol beverages with low/medium alcohol content that are made
from agricultural products that have an alcohol content of no more
than 24 percent.

EXISTING LAW:
Under current law, a New York restaurant or other eating establishment
that has a license to sell wine, port or sherry for consumption on
the premises can also sell beer and a liquor called "soju". The only

"soju" that can be sold for consumption on the premises in New York
State is soju that is imported from Korea that has an alcohol content
of 24 percent or less.

JUSTIFICATION:
New York restaurants that have a license to sell wine, beer and soju
(that can only be imported soju from Korea) should also be able to
sell other low to medium alcoholic beverages that are manufactured
from products produced or grown in New York State and other localities.

In 2007, S.539/A.2600 was introduced to revise the law so that New
York farmers could have at least as much equal access to sell their
products in New York restaurants as do Korean farmers that produce
soju. Under S.539/A.2600, alcoholic beverages manufactured in New
York were added to the list of alcoholic beverages that could be
sold. This bill passed both the Assembly and Senate, but was Vetoed
by Governor Spitzer. The reason for the Veto was that the bill would
allow for an illegal preference for the sale of NY produced alcoholic
beverages.

This new bill does not allow New York restaurants and other food
establishments to sell alcoholic beverages that have a higher alcohol
content than is currently authorized under the law.
Under current law, licensees that can sell wine for on-premise
consumption are also authorized to sell fortified wines such as ports
and sherries that can have an alcohol content up to 24 percent. Also,
under current law, such establishments can sell soju as long as its
alcoholic content 24 percent or less.


This bill reforms the current law so that all alcoholic beverages that
contain less than 24 percent alcohol, including New York produced
products can be sold in such restaurants.

LEGISLATIVE HISTORY:
See S.539/A.2600, Veto Message Number 50, S.6911 of 2007/2008,
S.677 of 2009/2010

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law, but any rules and regulations needed to implement this act can
be promulgated before such date.

2011-S4242B (ACTIVE) - Bill Text download pdf

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

                                 4242--B
    Cal. No. 425

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced by Sens. LARKIN, CARLUCCI, JOHNSON, RANZENHOFER -- 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 report, amended on first report, ordered to a second report,
  and to be reprinted as amended, retaining its place in  the  order  of
  second report

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  sale of certain low alcohol beverages at retail for consumption on the
  premises

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

  Section  1.  Subdivision  3  of  section  81 of the alcoholic beverage
control law, as amended by chapter 627 of the laws of 2002,  is  amended
to read as follows:
  3.  Such  license  shall  in form and in substance be a license to the
person specifically licensed to sell wine at retail, to be consumed upon
the premises. Such license shall also be deemed to include a license  to
sell  beer [and], soju, AND CERTAIN LOW ALCOHOL LIQUORS, DISTILLATES AND
OTHER ALCOHOLIC BEVERAGES at retail to be consumed under the same  terms
and  conditions  without  the  payment  of  any  additional fee. For the
purposes of this subdivision, (A) "soju" shall mean an  imported  Korean
alcoholic  beverage  that  contains not more than twenty-four per centum
alcohol, by volume, and is derived from  agricultural  products[.];  AND
(B) "CERTAIN LOW ALCOHOL LIQUORS, DISTILLATES AND OTHER ALCOHOLIC BEVER-
AGES"  SHALL  MEAN ANY LIQUORS, SPIRITS, DISTILLATES AND OTHER ALCOHOLIC
BEVERAGES, IN ADDITION TO SOJU, THAT CONTAIN NOT MORE  THAN  TWENTY-FOUR
PER  CENTUM  ALCOHOL,  BY  VOLUME,  THAT  ARE  DERIVED FROM AGRICULTURAL
PRODUCTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that any  rules  or  regu-
lations  necessary  to  implement  this  act  shall be promulgated on or
before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01042-04-1

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Senate Bill S4242

Share this bill

Sponsored By

Archive: Last Bill Status Via A160 - Vetoed by Governor

Bill Amendments

co-Sponsors

2011-S4242 - Details

2011-S4242 - Summary

2011-S4242 - Sponsor Memo

2011-S4242 - Bill Text download pdf

co-Sponsors

2011-S4242A - Details

2011-S4242A - Summary

2011-S4242A - Sponsor Memo

2011-S4242A - Bill Text download pdf

co-Sponsors

2011-S4242B (ACTIVE) - Details

2011-S4242B (ACTIVE) - Summary

2011-S4242B (ACTIVE) - Sponsor Memo

2011-S4242B (ACTIVE) - Bill Text download pdf

Comments