senate Bill S355

2013-2014 Legislative Session

Authorizes certain distiller and winery licensees, singly or jointly, to apply for a special license to sell liquor at retail for consumption off the premises

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to commerce, economic development and small business
Jan 09, 2013 referred to commerce, economic development and small business

S355 - Bill Details

Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง61, ABC L

S355 - Bill Texts

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Authorizes certain distiller and winery licensees, singly or jointly, to apply for a special license to sell liquor at retail for consumption off the premises.

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BILL NUMBER:S355

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to authorizing
certain distiller and winery licensees, singly or jointly, to apply for
a special license to sell liquor at retail for consumption off the
premises

PURPOSE:
This legislation will authorize licensed distillers to sell New York
State labeled liquor and New York State labeled wine at retail at up
to five disclosed locations.

SUMMARY OF PROVISIONS:
Section 61 of the Alcoholic Beverage Control law is amended by adding
subdivision seven which authorizes the State Liquor Authority to permit
licensed distilleries to sell New York State labeled liquor and New
York State labeled wine at retail for consumption off the premises.
Not more than 5 such licenses shall be issued per any single entity.
The permit allows the licensee to conduct tastings at each location.
A licensee is also permitted to sell NYS labeled wine and liquor at
locations where the principal business is the operation of a theater
or other lawful adult entertainment or recreational facility. The
license fee shall be dependent on the size of the city in which the
operation is located.

JUSTIFICATION:
With the advent of craft distilleries throughout the state producing
small batch whiskeys, vodkas, and other spirits, the time is right to
extend to these entities the same opportunities and privileges that
are offered to wineries in this state- the ability to sell their own
products. As the demand for New York State-grown products increases,
this revision would provide licensed distillers with additional
opportunities to market their products. By allowing distilleries to
expand the number of locations where their product is available,
these businesses will become destination points to promote tourism
within communities and increase promotion of New York State-grown
products.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   355

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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
  authorizing certain distiller and winery licensees, singly or jointly,
  to apply for a special license to sell liquor at retail  for  consump-
  tion off the premises

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

  Section 1. Section 61 of the alcoholic beverage control law is amended
by adding a new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY,  ANY
ONE  OR  ANY  COMBINATION  OF  DISTILLER  LICENSEES OR WINERY LICENSEES,
SINGLY OR JOINTLY, MAY APPLY TO THE LIQUOR AUTHORITY FOR  A  LICENSE  OR
LICENSES  TO SELL LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREMISES. FOR
LICENSEES APPLYING SINGLY, THE DURATION OF SUCH LICENSE SHALL BE  CO-EX-
TENSIVE WITH THE DURATION OF SUCH LICENSEE'S WINERY LICENSE, AND THE FEE
THEREFOR  SHALL  BE  ONE  THOUSAND  DOLLARS  IF  SUCH RETAIL PREMISES IS
LOCATED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR  MORE,  FIVE
HUNDRED  DOLLARS IF SUCH RETAIL PREMISES IS LOCATED WITHIN A CITY HAVING
A POPULATION OF LESS THAN ONE MILLION AND MORE THAN  ONE  HUNDRED  THOU-
SAND,  AND  TWO  HUNDRED FIFTY DOLLARS FOR RETAIL PREMISES LOCATED ELSE-
WHERE WITHIN THE STATE. SUCH LICENSE SHALL ENTITLE THE HOLDER THEREOF TO
SELL AT RETAIL FOR CONSUMPTION OFF  THE  PREMISES  ANY  NEW  YORK  STATE
LABELLED  LIQUOR  AND  NEW  YORK STATE LABELLED WINE. SUCH LICENSE SHALL
ALSO ENTITLE THE HOLDER THEREOF TO CONDUCT  WINE  AND  LIQUOR  TASTINGS.
SUCH  LICENSE SHALL ALSO AUTHORIZE THE SALE BY THE HOLDER THEREOF OF NEW
YORK STATE LABELLED LIQUOR AND NEW YORK STATE LABELLED  WINE  IN  SEALED
CONTAINERS  FOR  OFF-PREMISES  CONSUMPTION,  FROM THE SPECIALLY LICENSED
PREMISES OF ANY PERSON LICENSED PURSUANT TO SECTION EIGHTY-ONE-A OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02126-02-3

S. 355                              2

CHAPTER TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON PREMISES  IN
WHICH THE PRINCIPAL BUSINESS IS THE OPERATION OF A LEGITIMATE THEATER OR
SUCH  OTHER  LAWFUL  ADULT ENTERTAINMENT OR RECREATIONAL FACILITY AS THE
LIQUOR  AUTHORITY  MAY  CLASSIFY FOR ELIGIBILITY PURSUANT TO SUBDIVISION
SIX OF SECTION SIXTY-FOUR-A OF THIS ARTICLE. NOT  MORE  THAN  FIVE  SUCH
LICENSES  SHALL  BE  ISSUED,  EITHER  SINGLY OR JOINTLY, TO ANY LICENSED
WINERY OR DISTILLERY. ALL OTHER PROVISIONS OF THIS CHAPTER  RELATIVE  TO
LICENSES  TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREM-
ISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH  APPLICATION.  THE  LIQUOR
AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS IT MAY DEEM NECES-
SARY  TO  CARRY  OUT  THE PURPOSE OF THIS SUBDIVISION, PROVIDED THAT ALL
LICENSES ISSUED PURSUANT TO THIS SUBDIVISION SHALL  BE  SUBJECT  TO  THE
SAME  RULES  AND  REGULATIONS  AS  ARE APPLICABLE TO THE SALE OF WINE OR
LIQUOR AT RETAIL FOR CONSUMPTION OFF  THE  PREMISES  OF  THE  WINERY  OR
DISTILLERY LICENSEE.
  S 2. This act shall take effect immediately.

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