senate Bill S5488

2013-2014 Legislative Session

Provides for the sale of cider by a wholesale wine licensee

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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
Jun 21, 2013 committed to rules
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.984
May 16, 2013 referred to commerce, economic development and small business

Votes

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Jun 4, 2013 - Commerce, Economic Development and Small Business committee Vote

S5488
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Commerce, Economic Development and Small Business Committee Vote: Jun 4, 2013

S5488 - Bill Details

Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง62 & 78, ABC L

S5488 - Bill Texts

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Provides for the sale of cider by a wholesale wine licensee.

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BILL NUMBER:S5488

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to providing for the sale of cider by a wholesale wine
licensee

PURPOSE: The purpose of this bill is to allow wine and spirits
wholesalers to sell cider from their licensed premise.

SUMMARY OF PROVISIONS: Section 62 and Subdivision 2 of Section 78 of
the alcohol beverage control law are amended by adding: A wholesale
liquor licensee, as defined under this chapter shall, upon the payment
of an additional annual license fee of one hundred twenty five
dollars, be permitted to sell cider as defined under this chapter at
wholesale from duly licensed premises, to duly licensed beer, wine and
liquor retailers and to other holders of licenses under this chapter,
in bottles, barrels or casks, and to sell and deliver cider to persons
outside the state pursuant to the laws of the place of such delivery.

JUSTIFICATION: In recent years, the production of hard cider has been
rapidly expanding, across the United States and is widely regarded as
the newest and one of the fastest beverage growth categories. New York
State is the second-largest producer of apples in the country and has
a long history in apple farming and cider production. There is a great
opportunity for New York State to take advantage of the cider boom in
order to spur economic growth and job creation, however current
provisions under the alcoholic beverage law are inhibiting.

Although the holder of a wine wholesale license or a liquor wholesale
license is permitted to hold a cider wholesale license, section 104 of
the alcoholic beverage law provides, "No wholesaler shall be engaged
in any other business on the premises to be licensed.." therefore
prohibiting the sale of cider at wine and liquor wholesaler
facilities. While the sale of cider by persons licensed to sell wine
and spirits would greatly aid the economic growth of the cider
industry in New York, it is not economically feasible unless the wine
and liquor wholesalers can do this from the same facility it currently
uses to sell wine and spirits.

If the proposed bill is enacted into law, wine and liquor wholesalers
will sell cider to package stores and on premise licenses. This will
greatly increase the number of outlets that carry cider, resulting in
a significant increase in the demand for New York State apples. As
interest in cider grows, so will the interest in the people who
produce it and there will be a significant boost to tourism in
agricultural areas throughout New York State. In turn, this will lead
to an increase in employment.

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
________________________________________________________________________

                                  5488

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  providing for the sale of cider by a wholesale wine licensee

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

  Section  1.  Section  62  of  the  alcoholic  beverage control law, as
amended by chapter 361 of the laws  of  1994,  is  amended  to  read  as
follows:
  S 62. Wholesaler's liquor license.  Any person may apply to the liquor
authority  for  a  license to sell liquor 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 license shall contain a description of the licensed premises and in
form  and  in substance shall be a license to the person therein specif-
ically designated to sell liquors at wholesale in the  premises  therein
specifically  licensed  to  duly  licensed  wholesalers,  retailers  and
permittees in this state, and to sell  liquor  in  bulk  to  a  licensed
rectifier or to a permittee engaged in the manufacture of products which
are  unfit  for  beverage  use,  for  use in the manufacture of products
produced and sold by such rectifier or permittee, and to sell or deliver
liquor to persons outside the state pursuant to the laws of the place of
such sale or delivery.  Such a license shall also include the  privilege
to  sell  wine  at wholesale under the same terms and conditions without
the payment of any additional fee.   A  WHOLESALE  LIQUOR  LICENSEE,  AS
DEFINED  UNDER  THIS  CHAPTER  SHALL,  UPON THE PAYMENT OF AN ADDITIONAL
ANNUAL LICENSE FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS, BE  PERMITTED  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11137-01-3

S. 5488                             2

SELL CIDER AS DEFINED UNDER THIS CHAPTER AT WHOLESALE FROM DULY LICENSED
PREMISES,  TO DULY LICENSED BEER, WINE AND LIQUOR RETAILERS AND TO OTHER
HOLDERS OF LICENSES UNDER THIS CHAPTER, IN BOTTLES,  BARRELS  OR  CASKS,
AND  TO  SELL AND DELIVER CIDER TO PERSONS OUTSIDE THE STATE PURSUANT TO
THE LAWS OF THE PLACE OF SUCH DELIVERY.
  S 2. Subdivision 2 of section 78 of  the  alcoholic  beverage  control
law,  as  amended by chapter 204 of the laws of 1963, is amended to read
as follows:
  2. Upon payment to the liquor authority of an additional annual fee of
one hundred  twenty-five  dollars,  the  liquor  authority  may  in  its
discretion and upon such terms and conditions as it may prescribe, issue
to  a  wholesale  wine  licensee upon application therefor a certificate
authorizing such wholesaler to sell wine at retail in sealed  containers
to a regularly organized church, synagogue or religious organization for
sacramental  purposes.  A WHOLESALE WINE LICENSEE, AS DEFINED UNDER THIS
CHAPTER SHALL, UPON THE PAYMENT OF AN ADDITIONAL ANNUAL LICENSE  FEE  OF
ONE  HUNDRED  TWENTY-FIVE DOLLARS, BE PERMITTED TO SELL CIDER AS DEFINED
UNDER THIS CHAPTER AT WHOLESALE FROM DULY  LICENSED  PREMISES,  TO  DULY
LICENSED  BEER,  WINE  AND  LIQUOR  RETAILERS  AND  TO  OTHER HOLDERS OF
LICENSES UNDER THIS CHAPTER, IN BOTTLES, BARRELS OR CASKS, AND  TO  SELL
AND  DELIVER  CIDER TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF
THE PLACE OF SUCH DELIVERY.
  S 3. This act shall take effect immediately.

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