S T A T E O F N E W Y O R K
________________________________________________________________________
2035
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
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Introduced by M. of A. REILICH, KOLB, CALHOUN, THIELE -- Multi-Sponsored
by -- M. of A. BARCLAY, BURLING, BUTLER, CONTE, CROUCH, DUPREY,
FINCH, HAWLEY, P. LOPEZ, J. MILLER, MOLINARO, OAKS, RAIA, SALADINO,
SAYWARD, TEDISCO -- read once and referred to the Committee on Econom-
ic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the sale of gift baskets containing alcoholic beverages
packaged with New York grown agricultural products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 76-g to read as follows:
S 76-G. SPECIAL LICENSE TO SELL WINE PACKAGED WITH NEW YORK AGRICUL-
TURAL PRODUCTS. 1. ANY PERSON MAY APPLY TO THE LIQUOR AUTHORITY FOR A
SPECIAL LICENSE TO SELL WINE WHICH IS PRODUCED IN NEW YORK AND WHICH IS
PACKAGED WITH FOOD PRODUCTS IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL
CONTAIN SUCH INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH
APPLICATION SHALL BE ACCOMPANIED 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.
2. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL PERMIT THE SALE OF
WINE PRODUCED IN NEW YORK STATE AS PART OF A PACKAGE WHICH CONSISTS OF
AT LEAST FIFTY PERCENT FARM OR FOOD PRODUCTS WHICH HAVE BEEN GROWN,
HARVESTED OR PRODUCED WHOLLY WITHIN NEW YORK STATE.
3. NO MORE THAN ONE LICENSE SHALL BE GRANTED TO ANY PERSON UNDER THIS
SECTION.
4. LICENSEES UNDER THIS SECTION SHALL BE PERMITTED TO SELL WINE SO
PACKAGED FOR CONSUMPTION OFF PREMISES AS WELL AS TO SHIP WINE AS PART OF
A PACKAGE TO PERSONS WITHIN THIS STATE AND TO PERSONS OUTSIDE OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03786-01-1
A. 2035 2
STATE. LICENSEES SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF
SECTIONS SEVENTY-NINE-C AND SEVENTY-NINE-D OF THIS ARTICLE.
5. TRANSFERENCE OF A LICENSE UNDER THIS SECTION MAY BE MADE IN ACCORD-
ANCE WITH PUBLIC CONVENIENCE AND ADVANTAGE.
S 2. This act shall take effect on the one hundred twentieth day
after it shall have become a law.