senate Bill S434

2013-2014 Legislative Session

Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages

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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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Actions

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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

S434 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §51, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1652A
2009-2010: S8183

S434 - Bill Texts

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Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages at certain events; includes fees and definition of small sample; such permit shall include the privilege to sell such beverages for consumption off-premises.

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BILL NUMBER:S434

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permits for
brewers, manufacturers and importers of beer or malt beverages

PURPOSE OF THE BILL:
This bill amend § 51 of the Alcoholic Beverage Control Law by adding a
new subdivision 9 to allow a licensed brewer to obtain a Beer
Festival permit from the State Liquor Authority and allow
participating brewers and their brewery personnel to dispense and
serve their products to persons of legal age.

SUMMARY OF SPECIFIC PROVISIONS:
This bill allows a licensed brewer to obtain a permit to hold a Beer
Festival and to invite brewers to offer small samples of their malt
beverage products. Samples per brand shall not exceed 3 ounces per
serving. The permit holder shall receive for distribution all
products that shall be properly invoiced and inventoried and return
any unused product to the distributor for credit. Each participating
brewer or the brewer's representative shall be allowed to dispense
and serve their products.
The brewers participating may sell sealed containers for off-premises
consumption. Food products may be available for sale and proper
security must be provided at each Beer Festival to determine lawful
proof of age and to remove any patron that appears intoxicated or is
out of order.

JUSTIFICATION:
The state presently licenses seventy-three craft brewing facilities
this bill provides brewers an inexpensive opportunity to advertise,
dispense and serve their products and to interact directly with
target patrons who may not be able to sample craft beers as they are
not readily available in most licensed food stores, bars or
restaurants. The craft brewing industry is a growing industry in New
York and has revitalized the economy and added to the workforce in
many urban areas of our state. The New York State Law Revision
Commission recommended in their final report that "the law should be
amended to clarify that brewers participating in beer festivals can
supervise the tasting of their beer and take back left over products
and that licensed brewers or their employees should be allowed to
dispense and serve the brewer's product at beer festivals."

PRIOR LEGISLATIVE HISTORY:
2011/12: S.1652A
2010: S.8183/A.11393

FISCAL IMPLICATIONS:
This bill generates a modest new sum annually. The permit fee is $20
per function.

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
________________________________________________________________________

                                   434

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- 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
  permits for brewers, manufacturers  and  importers  of  beer  or  malt
  beverages

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

  Section 1. Section 51 of the alcoholic beverage control law is amended
by adding a new subdivision 9 to read as follows:
  9. (A) A BREWER OR MANUFACTURER AS DEFINED IN SECTION  THREE  OF  THIS
CHAPTER,  OR  AN  IMPORTER  HAVING A BASIC PERMIT AS REQUIRED BY SECTION
1.20 OF TITLE 27 OF THE CODE OF FEDERAL REGULATIONS, MAY OBTAIN A PERMIT
TO SERVE SMALL SAMPLES OF BEER OR MALT BEVERAGES IT PRODUCES OR  IMPORTS
AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS.
  (B)  THE  FEE  FOR  SUCH  PERMIT  SHALL BE TWENTY DOLLARS AND SHALL BE
ISSUED BY THE AUTHORITY AND DATED FOR ITS PERIOD OF USE, WHICH SHALL NOT
EXCEED THREE DAYS.
  (C) TASTINGS AT SUCH OUTDOOR OR INDOOR  GATHERINGS,  FUNCTIONS,  OCCA-
SIONS  OR  EVENTS  SHALL  BE CONDUCTED ONLY WITHIN THE HOURS FIXED BY OR
PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER,
DURING WHICH ALCOHOLIC BEVERAGES MAY BE LAWFULLY  SOLD  OR  SERVED  UPON
PREMISES  LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
IN THE COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR  OR  INDOOR
GATHERING, FUNCTION, OCCASION OR EVENT IS HELD.
  (D)  EACH  SERVING  AT  TASTINGS SHALL BE SERVED ONLY BY THE BREWER OR
MANUFACTURER OR IMPORTER OR ITS EMPLOYEE AND SHALL BE LIMITED  TO  THREE
OUNCES  OR LESS OF A BRAND OF BEER OR MALT BEVERAGE PRODUCED OR IMPORTED
BY THE BREWER OR MANUFACTURER OR IMPORTER AND NO CONSUMER OF  LEGAL  AGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00695-01-3

S. 434                              2

SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
FOR TASTING.
  (E)  THE  BREWER  OR MANUFACTURER OR IMPORTER SHALL BE RESPONSIBLE FOR
ENSURING THAT SUCH SAMPLES ARE ONLY SERVED TO INDIVIDUALS LEGALLY ELIGI-
BLE TO CONSUME ALCOHOLIC BEVERAGES IN THIS STATE.
  (F) THE AUTHORITY MAY  ISSUE  PERMITS  TO  MORE  THAN  ONE  BREWER  OR
MANUFACTURER OR IMPORTER FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNC-
TION, OCCASION OR EVENT.
  (G)  SUCH  PERMIT  SHALL  INCLUDE  THE  PRIVILEGE TO SELL BEER OR MALT
BEVERAGES PRODUCED BY THE BREWER OR MANUFACTURER OR SOLD BY THE IMPORTER
AT SUCH OUTDOOR OR INDOOR GATHERING, FUNCTION,  OCCASION  OR  EVENT,  IN
SEALED CONTAINERS FOR OFF-PREMISES CONSUMPTION.
  (H)  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM THE
SAMPLING OR SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED  BY  THIS
SUBDIVISION,  AND  IN  ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100
AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER OR
MANUFACTURER OR IMPORTER.
  (I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS  TO
A  BREWER OR MANUFACTURER OR IMPORTER TO OBTAIN SUCH PERMIT, AND PROMUL-
GATE SUCH RULES AND REGULATIONS, AS IT DEEMS NECESSARY OR APPROPRIATE TO
IMPLEMENT THE PROVISIONS OF THIS  SUBDIVISION  TO  PROTECT  THE  HEALTH,
SAFETY AND WELFARE OF THE PEOPLE OF THIS STATE.
  S 2. This act shall take effect immediately.

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