S T A T E O F N E W Y O R K
I N S E N A T E
May 2, 2012
Introduced by Sen. GRISANTI -- 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 beer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 5, 8 and 10 of section 64-c of the alcoholic
beverage control law, as added by chapter 538 of the laws of 1997, are
amended to read as follows:
5. Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant and
sell liquor at retail to be consumed on the premises specifically
licensed. Such license shall also be deemed to include a license to:
(A) sell wine and beer at retail to be consumed under the same terms
and conditions, without the payment of any additional fee; AND
(B) SELL BEER BREWED ON THE PREMISES TO OTHER RETAIL LICENSEES, WHERE
SUCH LICENSE IS HELD BY THE SAME PERSON HOLDING THE RESTAURANT-BREWER
LICENSE, OR TO COMMONLY OWNED AFFILIATE LICENSES, PROVIDED THAT SUCH
BEER IS SOLD THROUGH A NEW YORK STATE LICENSED BEER WHOLESALER.
8. [Not more than five thousand barrels of beer per year may be brewed
on any premises licensed under this section nor may any person who holds
multiple licenses] A PERSON HOLDING ONE OR MORE LICENSES under this
section MAY brew, in the aggregate, NO more than twenty thousand barrels
of beer per year.
10. [Except as provided in subdivisions seven, eight, nine, twelve,
thirteen, fourteen and sixteen of this section, no person licensed under
this section may be interested directly or indirectly in any other prem-
ises in this state where alcoholic beverages are manufactured or sold.
Any person who has an interest in premises eligible for conversion under
subdivision nine of this section shall not be issued any license under
this section unless and until a conversion application has been filed
with and approved by the authority.] (A) FOR PURPOSES OF SECTIONS ONE
HUNDRED ONE AND ONE HUNDRED SIX OF THIS CHAPTER, A PERSON LICENSED UNDER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7216 2
THIS SECTION SHALL BE DEEMED A "RETAILER" AS THAT TERM IS DEFINED WITHIN
SECTION THREE OF THIS CHAPTER. NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER TO THE CONTRARY, A PERSON LICENSED UNDER THIS SECTION MAY ALSO
BE LICENSED (OR INTERESTED DIRECTLY OR INDIRECTLY IN A LICENSE) TO SELL
LIQUOR AT RETAIL TO BE CONSUMED ON OR OFF THE PREMISES UNDER SECTION
FIFTY-FOUR, FIFTY-FOUR-A, FIFTY-FIVE, FIFTY-FIVE-A, SEVENTY-NINE OR
EIGHTY-ONE OF THIS CHAPTER OR SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-
FOUR-B AND SIXTY-FOUR-D OF THIS ARTICLE.
(B) NO MANUFACTURER OR WHOLESALER OF ALCOHOLIC BEVERAGES MAY BE GRANT-
ED A LICENSE TO OPERATE A RESTAURANT-BREWER PURSUANT TO THIS SECTION.
ANY PERSON WHO HAS AN INTEREST IN PREMISES ELIGIBLE FOR CONVERSION UNDER
SUBDIVISION NINE OF THIS SECTION SHALL NOT BE ISSUED ANY LICENSE UNDER
THIS SECTION UNLESS AND UNTIL A CONVERSION APPLICATION HAS BEEN FILED
WITH AND APPROVED BY THE AUTHORITY.
S 2. This act shall take effect immediately.