S T A T E   O F   N E W   Y O R K
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                                  4241

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced  by Sens. LARKIN, CARLUCCI, BONACIC, JOHNSON, MAZIARZ, SEWARD
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  the  sale of wine produced by farm or special wineries or
  micro-wineries at licensed roadside farm markets

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

  Section  1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 27-a to read as follows:
  27-A. "ROADSIDE FARM MARKET" MEANS ANY RETAILER AUTHORIZED TO SELL NEW
YORK STATE LABELLED WINE PURSUANT TO SECTION SEVENTY-SIX-G OF THIS CHAP-
TER.
  S 2. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  separately  amended  by  section 1 of part L of chapter 62 and
chapter 522 of the laws of 2003, is amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a,  sixty-three,  sixty-four,   sixty-four-a,   sixty-four-b,
sixty-four-c,  SEVENTY-SIX-G, seventy-nine, eighty-one, and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as  against  the
holder  of  a  license issued pursuant to sections fifty-three, seventy-
six, seventy-six-a, seventy-six-f, and seventy-eight  of  this  chapter,
provided  that  the  civil  penalty  against  the  holder of a wholesale

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10199-01-1
              

S. 4241                             2

license issued pursuant to section fifty-three of this chapter shall not
exceed the sum of ten thousand  dollars  where  that  licensee  violates
provisions  of  this  chapter  during  the course of the sale of beer at
retail  to  a person for consumption at home, and the sum of one hundred
thousand dollars as against the holder of any license issued pursuant to
sections fifty-one, sixty-one and sixty-two of this chapter.  Any  civil
penalty  so  imposed shall be in addition to and separate and apart from
the terms and provisions of the bond required pursuant  to  section  one
hundred  twelve  of  this chapter. Provided that no appeal is pending on
the imposition of such civil penalty, in the event  such  civil  penalty
imposed  by  the division remains unpaid, in whole or in part, more than
forty-five days after written demand for payment has been sent by  first
class  mail to the address of the licensed premises, a notice of impend-
ing default judgment shall be sent by first class mail to  the  licensed
premises  and  by first class mail to the last known home address of the
person who signed the most recent license  application.  The  notice  of
impending  default  judgment shall advise the licensee: (a) that a civil
penalty was imposed on the  licensee;  (b)  the  date  the  penalty  was
imposed;  (c)  the  amount  of  the civil penalty; (d) the amount of the
civil penalty that remains unpaid as of the date of the notice; (e)  the
violations for which the civil penalty was imposed; and (f) that a judg-
ment  by  default  will be entered in the supreme court of the county in
which the licensed premises are located, or other court of civil  juris-
diction,  or  any  other place provided for the entry of civil judgments
within the state of New York unless the division receives  full  payment
of  all civil penalties due within twenty days of the date of the notice
of impending default judgment. If  full  payment  shall  not  have  been
received  by the division within thirty days of mailing of the notice of
impending default judgment, the division shall  proceed  to  enter  with
such  court a statement of the default judgment containing the amount of
the penalty or penalties remaining due and unpaid, along with  proof  of
mailing  of the notice of impending default judgment. The filing of such
judgment shall have the full force and effect of a default judgment duly
docketed with such court pursuant to the civil practice  law  and  rules
and  shall  in  all  respects  be  governed  by  that chapter and may be
enforced in the same manner and with the same effect as that provided by
law in respect to execution issued against property upon judgments of  a
court  of  record. A judgment entered pursuant to this subdivision shall
remain in full force and effect  for  eight  years  notwithstanding  any
other provision of law.
  S  3.  Subdivision  4  of section 75 of the alcoholic beverage control
law, as amended by chapter 275 of the laws of 1976, is amended and a new
subdivision 5 is added to read as follows:
  4. License to sell wine at retail for consumption on the premises[.];
  5. ROADSIDE FARM MARKET LICENSE.
  S 4. Section 76-a of the alcoholic beverage control law is amended  by
adding a new subdivision 8 to read as follows:
  8.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A FARM WINERY
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFACTURED OR
PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO  SECTION
SEVENTY-SIX-G OF THIS ARTICLE.
  S  5. Section 76-c of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER,  A  SPECIAL
WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFAC-

S. 4241                             3

TURED OR PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO
SECTION SEVENTY-SIX-G OF THIS ARTICLE.
  S  6. Section 76-f of the alcoholic beverage control law is amended by
adding a new subdivision 9 to read as follows:
  9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A MICRO-WINERY
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFACTURED OR
PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO  SECTION
SEVENTY-SIX-G OF THIS ARTICLE.
  S  7.  The  alcoholic  beverage control law is amended by adding a new
section 76-g to read as follows:
  S 76-G. ROADSIDE FARM MARKET LICENSE. 1. ANY PERSON OWNING OR  OPERAT-
ING A ROADSIDE FARM MARKET MAY APPLY TO THE LIQUOR AUTHORITY FOR A ROAD-
SIDE  FARM  MARKET  LICENSE  TO SELL WINE PURSUANT TO THIS SECTION. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED,  AND  SHALL  CONTAIN  SUCH
INFORMATION  AS THE LIQUOR AUTHORITY SHALL REQUIRE AND 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,
AND THE LICENSE SHALL REMAIN IN EFFECT FOR ONE YEAR.
  2.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "ROADSIDE FARM MARKET"
MEANS A BUILDING OR STRUCTURE LOCATED ON A FARM OPERATION, AS DEFINED IN
SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE  AGRICULTURE  AND
MARKETS  LAW, EXCEPT FOR A COMMERCIAL HORSE BOARDING OPERATION, IN WHICH
NEW YORK AGRICULTURAL PRODUCTS ARE PRIMARILY SOLD BY PRODUCERS,  GROWERS
OR  FARMERS OF SUCH AGRICULTURAL PRODUCTS TO THE GENERAL PUBLIC, AND THE
TERM "NEW YORK AGRICULTURAL PRODUCT" MEANS ANY AGRICULTURAL OR  AQUACUL-
TURAL  PRODUCT  OF  THE  SOIL OR WATER THAT HAS BEEN GROWN, HARVESTED OR
PRODUCED WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS,  VEGETA-
BLES,  EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY
PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS,
PRESERVES, MAPLE SAP PRODUCTS, APPLE CIDER, FRUIT JUICE,  AND  CHRISTMAS
TREES.
  3.  A  ROADSIDE FARM MARKET LICENSE SHALL AUTHORIZE THE HOLDER THEREOF
TO SELL WINE MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARM OR
SPECIAL WINERIES OR MICRO-WINERIES THAT ARE LOCATED WITHIN TWENTY  MILES
OF  THE ROADSIDE FARM MARKET BY THE BOTTLE FOR OFF-PREMISES CONSUMPTION;
PROVIDED THAT SUCH MARKET'S OWNER, OPERATOR OR REPRESENTATIVE  SHALL  BE
PRESENT  AT  ALL TIMES DURING WHICH WINE IS BEING OFFERED FOR SALE. SUCH
MARKET SHALL BE DEEMED TO POSSESS A WAREHOUSE PERMIT AND BE PERMITTED TO
WAREHOUSE UP TO TWENTY CASES OF WINE; PROVIDED THAT  SUCH  MARKET  SHALL
ABIDE BY ALL RULES AND REGULATIONS PROMULGATED PURSUANT TO SECTION NINE-
TY-SIX  OF  THIS CHAPTER AND ANY OTHER RULES AND REGULATIONS PROMULGATED
BY THE LIQUOR AUTHORITY TO IMPLEMENT THE PROVISIONS OF THIS  SECTION  TO
ENSURE THAT WINE STORED OR KEPT BY SUCH MARKET IS SEGREGATED AND KEPT IN
A SAFE AND SECURE LOCATION WHEN SUCH MARKET IS CLOSED FOR BUSINESS.
  4.  THE  SALE OF WINE PURSUANT TO THIS SECTION SHALL OCCUR ONLY WITHIN
THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FOURTEEN  OF  SECTION  ONE
HUNDRED  FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SECTION
EIGHTY OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW, NO  WINE  TASTINGS
SHALL  BE  CONDUCTED  AT  A  ROADSIDE  FARM  MARKET  THAT SELLS WINE FOR
OFF-PREMISES CONSUMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION.
  5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF  AGRI-
CULTURE  AND  MARKETS, SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 8. Section 83 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 8 to read as follows:

S. 4241                             4

  8.  THE  ANNUAL  FEE  FOR  A ROADSIDE FARM MARKET LICENSE SHALL BE ONE
HUNDRED DOLLARS.
  S  9.  Subdivision 1 of section 99-d of the alcoholic beverage control
law, as amended by chapter 213 of the laws of 2010, is amended  to  read
as follows:
  1.  Before  any  substantial  alteration to a licensed premises may be
undertaken by or on the behalf of any  licensee  except  a  micro-winery
[or],  a  farm winery OR A ROADSIDE FARM MARKET, the licensee shall make
an application to the liquor authority for  permission  to  effect  such
alteration.  A  substantial  alteration shall include any enlargement or
contraction of a licensed premises  whether  indoors  or  outdoors;  any
physical  change that reduces the visibility that existed at the time of
licensing; any other physical changes in  the  interior  of  a  licensed
premises  that  materially affect the character of the premises; and, in
the case of establishments licensed for consumption on the premises, any
material changes to the dining or kitchen facilities, or any  change  in
the  size or location of any bar within the contemplation of subdivision
four of section one hundred of this chapter at which alcoholic beverages
are dispensed. A minor alteration shall be deemed to be one costing  and
valued  at  less  than  ten  thousand dollars, which does not materially
affect the character of the premises  or  the  physical  structure  that
existed  at  the time of licensing. Before commencing work on the alter-
ation, any licensee other than a micro-winery [or], a farm winery  OR  A
ROADSIDE  FARM  MARKET licensee, shall request permission to effect such
minor alteration and shall submit an affidavit to the  liquor  authority
by  filing  the  same  in  person  or  by  certified mail return receipt
requested or overnight delivery service with proof of mailing  on  forms
prescribed by the authority. A winery, micro-winery, [or] farm winery OR
ROADSIDE  FARM MARKET licensee is not required to obtain permission from
the authority to make a minor alteration to its premises. The  affidavit
shall include but not be limited to a description of the proposed alter-
ation,  the  cost  and  value of the alteration, and the source of money
making the alteration possible. Upon  receipt  of  such  affidavit,  the
authority  shall have twenty days in which to review the proposed alter-
ation and notify the licensee of any objection to the same by  certified
mail  return receipt requested. If no such objection is made within such
period permission shall  be  deemed  to  have  been  granted.  Work  may
commence  on  such alteration if no objection is received by the twenty-
fifth day after filing such affidavit. The cost of  an  alteration,  for
purposes  of  this subdivision, shall be equal to the total sum expended
to complete the proposed alteration excluding professional fees.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have become a law; provided that any and all rules and
regulations and any other measures necessary to implement any  provision
of  this act on its effective date may be promulgated and taken, respec-
tively, on or before the effective date of such provision.