Assembly Bill A9863

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

                                  9863

                          I N  A S S E M B L Y

                             April 18, 2012
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Economic Development

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  sale and production of liquor by farm distilleries

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

  Section  1.  Paragraph b of subdivision 2-c of section 61 of the alco-
holic beverage control law, as amended by chapter 454  of  the  laws  of
2008, is amended to read as follows:
  (b)(i)  Retail sales by a licensed farm distillery may be made only to
customers who are physically present upon the licensed premises and such
sale shall be concluded by the customer's taking, with him  or  her,  of
the sealed containers purchased by the customer at the time the customer
leaves the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (IV)
OF THIS PARAGRAPH;
  (ii)  Such retail sales shall not be made where the order is placed by
letter, telephone, fax or e-mail, or where the customer  otherwise  does
not  place  the  order while the customer is physically present upon the
premises of the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH
(IV) OF THIS PARAGRAPH;
  (iii) Such retail sales shall not be made where the contemplated  sale
requires  the  licensee  to  transport or ship by common carrier, sealed
containers of liquor to a customer[.];
  (IV) A LICENSED FARM DISTILLERY MAY APPLY TO THE LIQUOR AUTHORITY  FOR
A  PERMIT TO SELL LIQUOR IN A SEALED CONTAINER FOR OFF-PREMISES CONSUMP-
TION AT THE STATE FAIR, AT  RECOGNIZED  COUNTY  FAIRS  AND  AT  FARMERS'
MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS. AS A CONDITION OF THE PERMIT
A  REPRESENTATIVE  FROM  THE  DISTILLERY  MUST BE PRESENT AT THE TIME OF
SALE.
  S 2. The opening paragraph  of  paragraph  c  of  subdivision  2-c  of
section  61 of the alcoholic beverage control law, as amended by chapter
454 of the laws of 2008, is amended to read as follows:
  A licensed farm distillery may conduct upon the licensed premises,  OR
AT  APPROVED  LOCATIONS AS PERMITTED IN SUBDIVISION SIX OF THIS SECTION,

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

                                                           LBD14327-03-2

A. 9863                             2

consumer tastings of liquor manufactured by the  licensee  and  from  no
more than three other class A, A-1, B, B-1, C or D distilleries, subject
to the following limitations:
  S  3.  Section  61 of the alcoholic beverage control law is amended by
adding a new subdivision 6 to read as follows:
  6. ANY PERSON HAVING APPLIED FOR AND RECEIVED  A  LICENSE  AS  A  FARM
DISTILLERY  UNDER  THIS  SECTION MAY CONDUCT CONSUMER TASTINGS OF LIQUOR
PURSUANT TO RULES OR REGULATIONS PROMULGATED BY  THE  LIQUOR  AUTHORITY,
AND  SUBJECT  TO THE LIMITATIONS SET FORTH IN PARAGRAPH C OF SUBDIVISION
TWO-C OF THIS SECTION AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS  AND
AT FARMERS' MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made and completed on or before such date.