Assembly Bill A4622A

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

                                 4622--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. HOYT, MAGEE, P. RIVERA, BOYLAND -- read once and
  referred to the Committee on  Economic  Development  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on Rules

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.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07887-03-1
              

A. 4622--A                          2

  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
PROVIDED  OR  GIVEN  MORE  THAN FOUR SERVINGS OF SUCH SAMPLES IN ANY ONE
DAY.

A. 4622--A                          3

  (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.