Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Nov 13, 2014 |
signed chap.431 |
Nov 10, 2014 |
delivered to governor |
Jun 19, 2014 |
returned to assembly passed senate 3rd reading cal.1650 substituted for s7813a |
Jun 19, 2014 |
substituted by a10122 ordered to third reading cal.1650 committee discharged and committed to rules |
Jun 16, 2014 |
print number 7813a |
Jun 16, 2014 |
amend and recommit to investigations and government operations |
Jun 11, 2014 |
referred to investigations and government operations |
Senate Bill S7813A
Signed By Governor2013-2014 Legislative Session
Relates to licenses and permits regarding the manufacture of alcoholic beverages; repealer
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A10122 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 19, 2014
aye (60)- Addabbo Jr.
- Avella
- Ball
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Gallivan
- Gianaris
- Gipson
- Golden
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Maziarz
- Montgomery
- Nozzolio
- O'Brien
- O'Mara
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Tkaczyk
- Valesky
- Young
- Zeldin
excused (1)
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Jun 19, 2014 - Rules Committee Vote
S7813A23Aye0Nay1Aye with Reservations0Absent1Excused0Abstained -
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Bill Amendments
co-Sponsors
(D, IP) Senate District
(R, C) 53rd Senate District
(R, C, IP) Senate District
2013-S7813 - Details
- See Assembly Version of this Bill:
- A10122
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Rpld §51 sub 6-a ¶¶(b) & (d), §52, §58-c sub 2 ¶¶(d) & (e), §76-a sub 3-a, amd §§51, 51-a, 56, 58, 58-c, 61, 76 & 76-a, ABC L
2013-S7813 - Summary
Relates to licenses and permits regarding the manufacture of alcoholic beverages; establishes a supplier's marketing permit to authorize a supplier to conduct tastings and provide samples of alcoholic beverages manufactured by such supplier to consumers; further establishes a supplier's special event permit.
2013-S7813 - Sponsor Memo
BILL NUMBER:S7813 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to licenses and permits regarding the manufacture of alcoholic beverages; and to repeal certain provisions of such law relating thereto Purpose: This bill would amend the Alcoholic Beverage Control Law ("ABCL") governing licenses and permits issued to alcoholic beverage manufacturers, by: (a)eliminating multiple and confusing permits for tastings and retail sales by New York manufacturers and including such activities as rim of their license privileges; (b)increasing the production caps on "farm" and "micro" manufacturers; (c)allowing farm distilleries to operate branch offices similar to farm wineries, farm cideries and farm breweries; (d)creating a marketing permit and special events permit for use by licensed wholesalers, out-of-state manufacturers and importers; (e)allowing all manufacturers to conduct tastings and sell, by the
bottle or glass, the alcoholic beverages they manufacture without a separate license; (f)lowering the food requirement that must be met by manufacturers to obtain an on-premises license; and (g)creating uniform provisions for tastings and sales by the bottle. Summary of Provisions: Section 1 of this bill would amend the penalty provisions of ABCL 17(3) to address the creation of three new permits for suppliers and distributors of alcoholic beverages. Section 2 of this bill would add a new subdivision 3-a to ABCL § 51 to allow brewers to conduct tastings and sell beer for on and off-premises consumption at the brewery. Section 3 of this bill would amend ABCL § 51(4) to allow brewers to operate restaurants, hotels, catering establishments and other food and drinking establishments at the brewery. Section 4 of this bill would amend ABCL § 51(5) to allow brewers to conduct off-site tastings and bottle sales without the need for a separate permit. Section 5 of this bill would amend ABCL § 51(6-a) to eliminate duplicative provisions regarding tastings and bottle sales for brewers. Section 6 of this bill would repeal ABCL § 51(8) to eliminate duplicative provisions regarding tastings. Section 7 of this bill would add ABCL § 51(8) to set minimum production requirements for brewers. Section 8 of this bill would amend ABCL § 51-a(2)(g) to allow farm brewers to operate restaurants, hotels, catering establishments and other food and drinking establishments at the brewery. Section 9 of this bill would repeal ABCL § 51-a(2)(h) to eliminate duplicative provisions regarding off-site bottle sales for farm breweries. Section 10 of this bill would amend ABCL § 51-a(3) to allow farm brewers to conduct off-site tastings and bottle sales without the need for a separate permit. Section 11 of this bill would repeal ABCL § 51-a(4) to eliminate duplicative provisions regarding tastings and bottle sales for farm breweries. Section 12 of this bill would amend ABCL § 51-a(10) to set minimum production requirements for a farm brewer and to increase the maximum amount of beer and cider that can be produced by a farm brewery. Section 13 of this bill would repeal ABCL § 52 to eliminate duplicative provisions regarding bottle sales for brewers. Section 14 of this bill would amend ABCL § 56(1)(a) to increase the maximum amount of beer and cider that can be produced by a micro-brewery. Section 15 of this bill would amend ABCL § 58(2) to allow cider producers to conduct off-site tastings and bottle sales without the need for a separate permit. Section 16 of this bill would repeal ABCL § 58(3) to eliminate duplicative provisions regarding tastings and bottle sales for cider producers. Section 17 of this bill would repeal ABCL § 58(3-a) to eliminate duplicative provisions regarding tastings and bottle sales for cider producers. Section 18 of this bill would add ABCL § 58(9) to set minimum production requirements for cider. Section 19 of this bill would repeal ABCL § 58-c(2)(d) and (e) to eliminate duplicative provisions regarding bottle sales for farm cideries. Section 20 of this bill would amend ABCL § 58-c(2)(f) to allow farm cideries to conduct tastings, sell by the glass and by the bottle, and operate restaurants, hotels, catering establishments and other food and drinking establishments at the cidery. Section 21 of this bill would amend ABCL § 58-c(2)(g) to allow cider producers to conduct off-site tastings and bottle sales without the need for a separate permit. Section 22 of this bill would repeal ABCL § 58-c(2)(d) to eliminate duplicative provisions regarding tastings and bottle sales for farm cideries. Section 23 of this bill would amend ABCL § 58-c(10) to set minimum production requirements for cider by a farm cidery and to increase the maximum amount of cider that can be produced by a farm cidery and sets minimum production requirements for cider. Section 24 of this bill would amend ABCL § 61(1-a) to increase the maximum amount of liquor that can be produced by a micro-distiller. Section 25 of this bill would amend ABCL § 61(2-b) to increase the maximum amount of liquor that can be produced by a micro-rectifier. Section 26 of this bill would repeal ABCL § 61(2-c)(b)(iv) to eliminate duplicative provisions regarding bottle sales for farm distilleries. Section 27 of this bill would amend ABCL § 61(2-c)(e) to allow farm distillers to conduct tastings, sell by the glass and by the bottle, and operate restaurants, hotels, catering establishments and other food and drinking establishments at the distillery. Section 28 of this bill would amend ABCL § 61(2-c)(f) to increase the amount of liquor that can be produced by a farm distiller. Section 29 of this bill would add a new ABCL § 61(2-c)(g) to allow farm distillers to operate branch offices. Section 30 of this bill would add a new ABCL § 61(7) to allow all classes of distillers to conduct off-site tastings and bottle sales without the need for a separate permit. Section 31 of this bill would add ABCL § 61(8) to set minimum production requirements for liquor. Section 32 of this bill would amend ABCL § 76(3) to allow wineries to conduct off-site tastings and bottle sales without the need for a separate permit. Section 33 of this bill would amend ABCL § 76(4) to allow wineries to sell by the glass and by the bottle at the winery without a separate permit. Section 34 of this bill -would amend ABCL § 76(4-a) to allow wineries to operate restaurants, hotels, catering establishments and other food and drinking establishments at the winery. Section 35 of this bill would repeal ABCL § 76(7) to eliminate duplicative provisions regarding bottle sales for wineries. Section 36 of this bill would amend ABCL § 76(10) to eliminate duplicative provisions regarding bottle sales for wineries. Section 37 of this bill would add ABCL § 76(7) to set minimum production requirements for wine. Section 38 of this bill would amend ABCL § 76-a(2)(f) to allow farm wineries to operate restaurants, hotels, catering establishments and other food and drinking establishments at the winery. Section 39 of this bill would amend ABCL § 76-a(3) to allow farm wineries to conduct off-site tastings and bottle sales without the need for a separate permit. Section 40 of this bill would repeal ABCL § 76-a(3-a) to eliminate duplicative provisions regarding bottle sales for farm wineries. Section 41 of this bill would amend ABCL § 76-a(9) to set minimum production requirements of wine by a farm winery and to increase the maximum amount of wine that can be produced by a farm winery and sets minimum production requirements for wine. Section 42 of this bill would amend ABCL § 97(2) to eliminate duplicative provisions regarding special events permits for brewers. Section 43 of this bill would repeal ABCL § 97(4) to eliminate duplicative provisions regarding special events permits for wineries. Section 44 of this bill would add a new ABCL § 99-h to create a new permit for tastings and bottle sales for out-of-state suppliers. Section 45 of this bill would add a new ABCL § 99-i to create a new special events permit for out-of-state suppliers. Section 46 of this bill would add a new ABCL § 99-j to create a new permit for tastings for licensed wholesalers and out-of-state distributors. Section 47 of this bill would add a new ABCL § 102-a to create standards for tastings of alcoholic beverages. Section 48 of this bill would add a new ABCL § 102-b to create standards for off-premises sales by suppliers. Section 49 of this bill would add a new ABCL § 104(4) to prohibit beer wholesalers from conducting tastings or sales on behalf of other licensees and permit holders. Section 50 of this bill would provide that the bill would take effect thirty days after it becomes law. Existing Law: The current statutory scheme for allowing manufacturers to conduct tastings and sell alcoholic beverages to consumers, either for on or off premises consumption is confusing. As noted above, the statutory provisions are scattered through four different articles of the ABCL. Manufacturers must obtain multiple permits depending on where the tasting or sale will take place. To allow in-state and out-of-state suppliers to market their product, the State Liquor Authority has relied on its powers under ABCL § 99-b(1)(k) to create a miscellaneous permit to allow these entities to conduct off-site tastings and bottle sales. Justification: The New York State Law Revision Commission's report on the ABCL suggested the need for a complete revision of the laws regarding licensed manufacturers and wholesalers. This bill addresses some issues raised by the Commission, as well as concerns routinely raised by manufacturers regarding the overly restrictive and confusing laws that regulate their activities. This bill would provide greater economic opportunities for New York manufacturers by expanding the activities that they can conduct at their facilities. Manufacturers and wholesalers have expressed concern about the number of permits that are needed to conduct activities away from their licensed premises and that existing permits restrict their ability to market effectively their products to retailers and the public. This bill would eliminate the various permits and incorporate into the license privilege for New York manufacturers, the ability to conduct tastings and sell their product to consumers both "by the bottle" and "by the glass." Legislative History: This is a new bill. EFFECTIVE DATE: The thirtieth day after it shall have become law.
2013-S7813 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7813 I N S E N A T E June 11, 2014 ___________ Introduced by Sen. MARCELLINO -- (at request of the Governor) -- 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 licenses and permits regarding the manufacture of alcoholic beverages; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by chapter 355 of the laws of 2013, 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, NINETY-NINE-H, NINETY-NINE-I AND NINETY-NINE-J 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-f, seventy-nine, eighty-one and eighty-one-a of this chap- ter, 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, and seventy-eight of this chapter, provided that the civil penal- ty against the holder of a wholesale 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12097-01-4 S. 7813 2 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 impending 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 judgment by default will be entered in the supreme court of the county in which the licensed premises are located, or other court of civil jurisdiction 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 judg- ment. If full payment shall not have been received by the division with- in 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 2. Section 51 of the alcoholic beverage control law is amended by adding a new subdivision 3-a to read as follows: 3-A. A LICENSED BREWER MAY CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED BEER. PROVIDED, HOWEVER, THAT FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOM- ERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEES- ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. S 3. Subdivision 4 of section 51 of the alcoholic beverage control law, as amended by chapter 100 of the laws of 1940, is amended to read as follows: 4. A LICENSED BREWERY MAY OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP- TION ON THE PREMISES, BEER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE licensed brewer may apply to the liquor authority for a license to sell beer, wine or liquor at retail for consumption on the premises [in a restaurant owned by him and conducted and operated by him in or adjacent to the brewery for which he is licensed] AT SUCH ESTABLISHMENT. All of S. 7813 3 the provisions of this chapter relative to licenses to sell beer, wine or liquor at retail for consumption on the premises shall apply so far as applicable to such application. S 4. Subdivision 5 of section 51 of the alcoholic beverage control law, as amended by chapter 258 of the laws of 2009, is amended to read as follows: 5. A licensed brewer [whose annual production is less than sixty thou- sand barrels may apply to the liquor authority for a permit to sell beer in a sealed container for off-premises consumption 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 brewer must be present at the time of sale] MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIVITIES ALLOWED UNDER PERMITS ISSUED PURSUANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER. S 5. Subdivision 6-a of section 51 of the alcoholic beverage control law, as added by chapter 108 of the laws of 2012 and paragraph (a) as amended by chapter 384 of the laws of 2013, is amended to read as follows: 6-a. A licensed brewer producing New York state labelled beer may[: (a)] sell such beer to licensed farm distillers, farm wineries, farm cideries and farm breweries. All such beer sold by the licensee shall be securely sealed and have attached thereto a label as shall be required by section one hundred seven-a of this chapter[; (b) conduct tastings at the licensed premises of such beer; (c) sell such beer at retail for consumption off the premises at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis; (d) sell and conduct tastings of such beer at retail for consumption on the premises of a restaurant, conference center, inn, bed and break- fast or hotel business owned and operated by the licensee in or adjacent to its farm brewery. A licensee who operates a restaurant, conference center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell beer at retail for consumption on the premises; (e) apply for a permit to conduct tastings away from the licensed premises of such beer. Such permit shall be valid throughout the state and may be issued on an annual basis or for individual events. Each such permit and the exercise of the privilege granted thereby shall be subject to such rules and conditions of the authority as it deems neces- sary. Tastings shall be conducted subject to the following conditions: (i) tastings shall be conducted by an official agent, representative or solicitor of the licensee. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tast- ings; and (ii) any liability stemming from a right of action resulting from a tasting of beer or cider as authorized herein and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the licensee. (f) if it holds a tasting permit issued pursuant to paragraph (e) of this subdivision, apply to the authority for a permit to sell such beer, for consumption off the premises, during such tastings in premises licensed under sections sixty-four, sixty-four-a, eighty-one and eight- y-one-a of this chapter. Each such permit and the exercise of the privi- lege granted thereby shall be subject to such rules and conditions of the authority as it deems necessary]. S. 7813 4 S 6. Subdivision 8 of section 51 of the alcoholic beverage control law is REPEALED. S 7. Section 51 of the alcoholic beverage control law is amended by adding a new subdivision 8 to read as follows: 8. A BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER ANNUAL- LY. S 8. Paragraph (g) of subdivision 2 of section 51-a of the alcoholic beverage control law, as added by chapter 108 of the laws of 2012, is amended to read as follows: (g) [sell and conduct tastings of beer and cider manufactured by the licensee or any other licensed farm brewery at retail for consumption on the premises of a restaurant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to its farm brewery. A licensee who operates a restaurant, conference center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell beer at retail for consumption on the premises] OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, BEER AND CIDER MANU- FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER OR NEW YORK STATE LABELED CIDER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED FARM BREWERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISHMENT; S 9. Paragraph (h) of subdivision 2 of section 51-a of the alcoholic beverage control law is REPEALED. S 10. Subdivision 3 of section 51-a of the alcoholic beverage control law, as added by chapter 108 of the laws of 2012, is amended to read as follows: 3. [(a) A farm brewery licensee may apply for a permit to conduct tastings away from the licensed premises of beer and cider produced by the licensee. Such permit shall be valid throughout the state and may be issued on an annual basis or for individual events. Each such permit and the exercise of the privilege granted thereby shall be subject to such rules and conditions of the authority as it deems necessary. (b) Tastings shall be conducted subject to the following limitations: (i) tastings shall be conducted by an official agent, representative or solicitor of one or more farm breweries. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a tasting of beer or cider as authorized herein and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the farm brewery.] A LICENSED FARM BREWERY MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIV- ITIES ALLOWED UNDER PERMITS ISSUED PURSUANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER. S 11. Subdivision 4 of section 51-a of the alcoholic beverage control law is REPEALED. S 12. Subdivision 10 of section 51-a of the alcoholic beverage control law, as added by chapter 108 of the laws of 2012, is amended to read as follows: 10. (A) No farm brewery shall manufacture in excess of [sixty] SEVEN- TY-FIVE thousand finished barrels of beer AND CIDER annually. S. 7813 5 (B) A FARM BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER AND CIDER ANNUALLY. S 13. Section 52 of the alcoholic beverage control law is REPEALED. S 14. Paragraph (a) of subdivision 1 of section 56 of the alcoholic beverage control law, as amended by chapter 108 of the laws of 2012, is amended to read as follows: (a) four thousand dollars for a brewer's license, unless the annual production of the brewer is less than [sixty] SEVENTY-FIVE thousand barrels per year, in which case the annual fee shall be three hundred twenty dollars; S 15. Subdivision 2 of section 58 of the alcoholic beverage control law, as added by chapter 347 of the laws of 1999, is amended to read as follows: 2. [(a) Any person licensed pursuant to subdivision one of this section may conduct cider tastings of New York state labelled ciders in establishments licensed pursuant to section sixty-three of this chapter to sell alcoholic beverages for off-premises consumption. Such cider producer or wholesaler may charge a fee of not more than twenty-five cents for each cider sample tasted. The liquor authority shall promul- gate rules and regulations relating to the conduct of such tastings. (b) Any person licensed pursuant to subdivision one of this section may conduct cider tastings of New York state labelled ciders and apply to the liquor authority for a permit to sell cider produced by such cider producer or wholesaler, by the bottle, during such tastings in establishments licensed pursuant to section sixty-four of this chapter to sell alcoholic beverages for consumption on the premises. Such cider producer or wholesaler may charge a fee of not more than twenty-five cents for each cider sample tasted. The liquor authority shall promul- gate rules and regulations relating to the conduct of tastings. (c) Cider tastings shall be conducted subject to the following limita- tions: (i) cider tastings shall be conducted by an official agent, represen- tative or solicitor of one or more cider producers or wholesalers. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a cider tasting as authorized pursuant to this subdivision and in accord- ance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the cider producer or wholesaler licen- see.] A LICENSED CIDER PRODUCER MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIVITIES ALLOWED UNDER PERMITS ISSUED PURSUANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER. S 16. Subdivision 3 of section 58 of the alcoholic beverage control law is REPEALED. S 17. Subdivision 3-a of section 58 of the alcoholic beverage control law is REPEALED. S 18. Section 58 of the alcoholic beverage control law is amended by adding a new subdivision 3 to read as follows: 3. A CIDER PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF CIDER ANNUALLY. S 19. Paragraphs (d) and (e) of subdivision 2 of section 58-c of the alcoholic beverage control law are REPEALED. S 20. Paragraph (f) of subdivision 2 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: S. 7813 6 (f) [sell and conduct tastings of cider manufactured by the licensee or any other licensed farm cidery at retail for consumption on the prem- ises of a restaurant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to its farm cidery. A licensee who operates a restaurant, conference center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell cider at retail for consumption on the premises] (I) CONDUCT TAST- INGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREM- ISES, ANY CIDER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED CIDER. PROVIDED, HOWEVER, FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (A) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (B) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVER- SIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS; AND (II) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, CIDER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED CIDER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED FARM CIDERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISHMENT; S 21. Paragraph (g) of subdivision 2 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: (g) [sell cider manufactured by the licensee or any other licensed farm cidery at retail for consumption off the premises, at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis] MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIVITIES ALLOWED UNDER PERMITS ISSUED PURSU- ANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER; S 22. Subdivision 4 of section 58-c of the alcoholic beverage control law is REPEALED. S 23. Subdivision 10 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: 10. (A) No farm cidery shall manufacture in excess of [one] TWO hundred fifty thousand gallons of cider annually. (B) A LICENSED FARM CIDERY SHALL PRODUCE AT LEAST FIFTY GALLONS OF CIDER ANNUALLY. S 24. Subdivision 1-a of section 61 of the alcoholic beverage control law, as amended by chapter 384 of the laws of 2013, is amended to read as follows: 1-a. A class A-1 distiller's license shall authorize the holder ther- eof to operate a distillery which has a production capacity of no more than [thirty-five] SEVENTY-FIVE thousand gallons per year for the manu- facture of liquors by distillation or redistillation at the premises specifically designated in the license. Such a license shall also authorize the sale in bulk by such licensee from the licensed premises of the products manufactured under such license to any person holding a S. 7813 7 winery license, farm winery license, distiller's class A license, a distiller's class B license or a permittee engaged in the manufacture of products which are unfit for beverage use. It shall also authorize the sale from the licensed premises and from one other location in the state of New York of liquors manufactured by such licensee to a wholesale or retail liquor licensee or permittee in sealed containers of not more than one quart each. In addition, it shall authorize such licensee to sell from the licensed premises New York state labelled liquors to licensed farm wineries, farm breweries, farm distilleries and farm cideries in sealed containers of not more than one quart for retail sale for off-premises consumption. Such license shall also include the priv- ilege to operate a rectifying plant under the same terms and conditions as the holder of a class B-1 distiller's license without the payment of any additional fee. S 25. Subdivision 2-b of section 61 of the alcoholic beverage control law, as amended by chapter 571 of the laws of 2008, is amended to read as follows: 2-b. A class B-1 distiller's license shall authorize the holder there- of to operate a rectifying plant which has a production capacity of no more than [thirty-five] SEVENTY-FIVE thousand gallons per year for the manufacture of the products of rectification by purifying or combining alcohol, spirits, wine, or beer and the manufacture of cordials by the redistillation of alcohol or spirits over or with any materials. Such a license shall also authorize the holder thereof to blend, reduce proof and bottle on his licensed premises or in a United States customs bonded warehouse for which a warehouse permit has been issued under this chap- ter for wholesale liquor licensees or for persons authorized to sell liquor at wholesale pursuant to the laws and regulation of any other state, territorial possession of the United States or foreign country liquor received in bulk by such wholesalers from other states, territo- rial possessions of the United States or a foreign country, and to rebottle or recondition for wholesale liquor or wine licensees or for persons authorized to sell liquor or wine at wholesale pursuant to the laws and regulations of any other state, territorial possession of the United States or foreign country, liquor or wine manufactured outside the state, which was purchased and received by such wholesalers in sealed containers not exceeding one quart each of liquor or fifteen gallons each of wine. Such a license shall also authorize the sale from the licensed premises of the products manufactured by such licensee to a wholesale or retail licensee in sealed containers of not more than one quart each. In addition, it shall authorize such licensee to sell from the licensed premises New York state labelled liquors to a farm winery licensee in sealed containers of not more than one quart for retail sale for off-premises consumption. S 26. Subparagraph (iv) of paragraph (b) of subdivision 2-c of section 61 of the alcoholic beverage control law is REPEALED. S 27. Paragraph (e) 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: (e) Notwithstanding any other provision of law to the contrary, the holder of a farm distillery license may [apply to the authority for a license to sell beer, wine and liquor for consumption on the premises in a restaurant operated on or adjacent to the licensed farm distillery. All the provisions of this chapter relative to licensees to sell beer, wine or liquor at retail for consumption on the premises shall apply so far as applicable to such application.] (I) SELL AT RETAIL FOR CONSUMP- S. 7813 8 TION ON THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED LIQUOR. PROVIDED, HOWEVER, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR FOOD ITEMS INTENDED TO COMPLIMENT THE TASTING OF ALCOHOL- IC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESE, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS; AND (II) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, LIQUOR MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED LIQUOR. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSEE MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISHMENT. S 28. Paragraph (f) 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: (f) No holder of a farm distillery license shall manufacture in excess of [thirty-five] SEVENTY-FIVE thousand gallons of liquor annually. In the case of the holder of a class A, A-1, B, B-1 or C distiller's license who operates a farm distillery on the same premises, the liquor manufactured pursuant to the farm distillery license shall not be considered with respect to any limitation on the volume that may be manufactured by the class A, A-1, B, B-1 or C distillery. S 29. Subdivision 2-c of section 61 of the alcoholic beverage control law is amended by adding a new paragraph (g) to read as follows: (G) THE HOLDER OF A LICENSE ISSUED UNDER THIS SUBDIVISION MAY OPERATE UP TO FIVE BRANCH OFFICES LOCATED AWAY FROM THE LICENSED FARM DISTIL- LERY. SUCH LOCATIONS SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM DISTILLERY MAY BE CONDUCTED AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE LOCATED WITHIN, SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTE- RIOR ACCESS TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE, THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME. S 30. Section 61 of the alcoholic beverage control law is amended by adding a new subdivision 7 to read as follows: 7. ANY PERSON LICENSED UNDER THIS SECTION MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIVITIES ALLOWED UNDER PERMITS ISSUED PURSUANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER. S 31. Section 61 of the alcoholic beverage control law is amended by adding a new subdivision 8 to read as follows: 8. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF LIQUOR PER YEAR. S 32. Subdivision 3 of section 76 of the alcoholic beverage control law, as amended by chapter 221 of the laws of 2011, is amended to read as follows: S. 7813 9 3. [(a) Any person having applied for and received a license as a winery under this section may conduct wine tastings of New York state labelled wines in establishments licensed under sections sixty-three and seventy-nine of this chapter to sell wine for off-premises consumption. Such winery may charge a fee for each wine sample tasted. The state liquor authority shall promulgate rules and regulations regarding such tastings as provided for in this subdivision. (a-1) Any person having applied for and received a license as a winery under this section may conduct wine tastings of New York state labelled wines and apply to the liquor authority for a permit to sell wine produced by such winery by the bottle, during such tastings in estab- lishments licensed under section sixty-four, section sixty-four-a, section eighty-one or section eighty-one-a of this chapter to sell wine for consumption on the premises. Such winery may charge a fee of no more than twenty-five cents for each wine sample tasted. The state liquor authority shall promulgate rules and regulations regarding such tastings as provided for in this subdivision. (b) Tastings shall be conducted subject to the following limitations: (i) wine tastings shall be conducted by an official agent, represen- tative or solicitor of one or more wineries. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a wine tasting as authorized herein and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the winery licensee. (c)(i) Any person having applied for and received a license as a winery under this section may conduct wine tastings of New York state labelled wines and sell such wine by the bottle, during such tasting, for off-premises consumption at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivi- sion fourteen of section one hundred five of this chapter, sponsored by a bona fide charitable organization. For the purposes of this paragraph, a bona fide charitable organization shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volun- teer firefighters, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in subdivision five of section one hundred eighty-six of the general municipal law. (ii) Upon application, the liquor authority shall issue an annual permit authorizing such winery to participate in outdoor or indoor gath- erings, functions, occasions or events sponsored by a charitable organ- ization. The winery must give the authority written or electronic notice of the date, time and specific location of each tasting at least fifteen days prior to the tasting. A winery that obtains a permit to conduct such wine tastings does not need to apply for or obtain a tempo- rary beer or wine permit pursuant to section ninety-seven of this chap- ter or any other permit to conduct such a tasting or to sell wine by the bottle for off-premises consumption at such tastings. (iii) Such winery may charge a fee for each wine sample tasted. Tast- ings shall be conducted by an official agent, representative or solici- tor of such winery. The state liquor authority may promulgate rules and regulations regarding such tastings as provided for in this subdivi- sion.] ANY PERSON LICENSED UNDER THIS SECTION MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIVITIES ALLOWED S. 7813 10 UNDER PERMITS ISSUED PURSUANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER. S 33. Subdivision 4 of section 76 of the alcoholic beverage control law, as amended by chapter 221 of the laws of 2011, is amended to read as follows: 4. A licensed winery may [apply to the liquor authority for a license to sell wine at retail for consumption on the premises. All the provisions of this chapter relative to licenses to sell wine at retail for consumption on the premises shall apply so far as applicable to such application] CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY WINE OR WINE PRODUCT MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED WINE OR NEW YORK STATE LABELED WINE PRODUCT. PROVIDED, HOWEVER, FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAIL- ABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLI- ANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. S 34. Subdivision 4-a of section 76 of the alcoholic beverage control law, as amended by chapter 221 of the laws of 2011, is amended to read as follows: 4-a. [Notwithstanding any other provision of law, any winery, licensed pursuant to subdivision four of this section to sell wine at retail for consumption on the premises in a restaurant in or adjacent to the winery, may apply to the liquor authority for a license to sell beer, wine or liquor at retail for consumption on the premises of such restau- rant. All of the provisions of this chapter relative to licenses to sell beer, wine or liquor at retail for consumption on the premises shall apply so far as applicable to such application] A LICENSED WINERY MAY OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE AND WINE PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED WINE OR NEW YORK STATE LABELED WINE PRODUCT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH- MENT. S 35. Subdivision 7 of section 76 of the alcoholic beverage control law is REPEALED. S 36. Subdivision 10 of section 76 of the alcoholic beverage control law, as added by chapter 221 of the laws of 2011, is amended to read as follows: 10. Notwithstanding any provision of this chapter to the contrary, and 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 licensed winery upon application therefor a certificate authorizing such winery to sell wine at retail in sealed containers to a regularly organ- ized church, synagogue or religious organization for sacramental purposes[, and to a householder for consumption in his home]. S. 7813 11 S 37. Section 76 of the alcoholic beverage control law is amended by adding a new subdivision 7 to read as follows: 7. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF WINE PER YEAR. S 38. Paragraph (f) of subdivision 2 of section 76-a of the alcoholic beverage control law, as added by chapter 221 of the laws of 2011, is amended to read as follows: (f) [sell wine at retail for consumption on the premises of a restau- rant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to the farm winery for which the licensee is licensed. A licensee who operates a restaurant, confer- ence center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell wine at retail for consumption on the premises] OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE, CIDER AND WINE PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED WINE, NEW YORK STATE LABELED CIDER OR NEW YORK STATE LABELED WINE PRODUCT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISHMENT. S 39. Subdivision 3 of section 76-a of the alcoholic beverage control law, as added by chapter 221 of the laws of 2011, is amended to read as follows: 3. [(a) Any person having applied for and received a license as a farm winery under this section may conduct wine tastings of New York state labelled wines in establishments licensed under section sixty-three of this chapter and section seventy-nine of this article to sell wine for off-premises consumption. Such farm winery may charge a fee for each wine sample tasted. The state liquor authority shall promulgate rules and regulations regarding such tastings as provided for in this subdivi- sion. (b) Any person having applied for and received a license as a farm winery under this section may conduct wine tastings of New York state labelled wines and apply to the liquor authority for a permit to sell wine produced by such farm winery, by the bottle, during such tastings in establishments licensed under sections sixty-four and sixty-four-a of this chapter and section eighty-one or section eighty-one-a of this article to sell wine for consumption on the premises. Such farm winery may charge a fee of no more than twenty-five cents for each wine sample tasted. The state liquor authority shall promulgate rules and regu- lations regarding such tastings as provided for in this subdivision. (c) Tastings shall be conducted subject to the following limitations: (i) wine tastings shall be conducted by an official agent, represen- tative or solicitor of one or more farm wineries. Such agent, represen- tative or solicitor shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a wine tasting as authorized herein and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the farm winery. (d) (i) Any person having applied for and received a license as a farm winery under this section may conduct wine tastings of New York state labelled wines and sell such wine by the bottle, during such tasting, S. 7813 12 for off-premises consumption at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivi- sion fourteen of section one hundred five of this chapter, sponsored by a bona fide charitable organization. For the purposes of this paragraph, a bona fide charitable organization shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volun- teer firefighters, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in subdivision five of section one hundred eighty-six of the general municipal law. (ii) Upon application, the liquor authority shall issue an annual permit authorizing such farm winery to participate in such outdoor or indoor gatherings, functions, occasions or events sponsored by a chari- table organization. The farm winery must give the authority written or electronic notice of the date, time and specific location of each tast- ing at least fifteen days prior to the tasting. A farm winery that obtains a permit to conduct such wine tastings does not need to apply for or obtain a temporary beer or wine permit pursuant to section nine- ty-seven of this chapter or any other permit to conduct such a tasting or to sell wine by the bottle for off-premises consumption at such tast- ings. (iii) Such farm winery may charge a fee for each wine sample tasted. Tastings shall be conducted by an official agent, representative or solicitor of such farm winery. The state liquor authority may adopt rules and regulations regarding such tastings as provided in this subdi- vision.] ANY PERSON LICENSED UNDER THIS SECTION MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIVITIES ALLOWED UNDER PERMITS ISSUED PURSUANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER. S 40. Subdivision 3-a of section 76-a of the alcoholic beverage control law is REPEALED. S 41. Subdivision 8 of section 76-a of the alcoholic beverage control law, as amended by chapter 147 of the laws of 1988 and as renumbered by chapter 221 of the laws of 2011, is amended to read as follows: 8. (A) No licensed farm winery shall manufacture in excess of [one] TWO hundred fifty thousand finished gallons of wine annually. (B) ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF WINE PER YEAR. S 42. Subdivision 2 of section 97 of the alcoholic beverage control law, as amended by section 19 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 2. The liquor authority is hereby authorized to issue an annual permit to [brewers and] beer wholesalers authorizing such licensees to sell beer for consumption at outdoor or indoor gatherings, functions, occa- sions or events, provided that such gatherings are not open to admission to the general public nor is admission thereto made contingent upon the payment of an admission fee, donation or contribution, and further provided that such beer is not resold at such gatherings. Every [brewer or] beer wholesaler to whom a permit shall be issued hereunder shall require every person to whom beer shall be sold for use at such gath- erings to make, execute and file with such [brewer or] beer wholesaler, upon a form to be prescribed by the liquor authority, a statement, that the beer purchased by such person will not be sold or offered for sale by such person. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false, shall subject the person S. 7813 13 making and executing the same to the same penalties as if he had been duly sworn. Such permit shall be issued in the form prescribed by the liquor authority and shall run concurrently with the annual term of [the [brewer's license or of] the wholesale beer license, and the fee for such permit shall be sixty-four dollars. Such a permit and the exercise of the privileges granted thereunder shall be subject to such rules by the liquor authority as it deems necessary. The provisions hereof shall not apply to the sale of beer for consumption in the home. S 43. Subdivision 4 of section 97 of the alcoholic beverage control law is REPEALED. S 44. The alcoholic beverage control law is amended by adding a new section 99-h to read as follows: S 99-H. SUPPLIER'S MARKETING PERMIT. 1. A SUPPLIER'S MARKETING PERMIT SHALL AUTHORIZE A SUPPLIER TO CONDUCT TASTINGS AND PROVIDE SAMPLES OF ALCOHOLIC BEVERAGES MANUFACTURED BY THE SUPPLIER TO CONSUMERS. FOR PURPOSES OF THIS SECTION, A "SUPPLIER" SHALL MEAN: A BRAND OWNER OF AN ALCOHOLIC BEVERAGE; OR AN ENTITY THAT HOLDS A VALID LICENSE ISSUED BY ANOTHER STATE TO MANUFACTURE ALCOHOLIC BEVERAGES. 2. TASTINGS CONDUCTED PURSUANT TO SUCH PERMITS SHALL BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWO-A OF THIS CHAPTER. 3. SUCH EVENTS MAY TAKE PLACE AT: (A) AN ESTABLISHMENT LICENSED UNDER THIS CHAPTER TO SELL AT RETAIL THE ALCOHOLIC BEVERAGE THAT WILL BE TASTED. (B) THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND FARMERS MARKETS OPER- ATED ON A NOT-FOR-PROFIT BASIS. (C) OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS SPON- SORED BY A BONA FIDE CHARITABLE ORGANIZATION. (D) OTHER INDOOR OR OUTDOOR EVENTS SPECIFICALLY APPROVED BY THE AUTHORITY. IN DECIDING WHETHER TO APPROVE THE USE OF A PERMIT FOR A PARTICULAR EVENT, THE AUTHORITY SHALL CONSIDER THE NATURE AND LOCATION OF THE EVENT, AND THE PLAN OF SUPERVISION SUBMITTED BY THE APPLICANT TO ENSURE COMPLIANCE WITH THIS CHAPTER. 4. SUCH PERMITS SHALL AUTHORIZE THE PERMIT HOLDER TO ACCEPT AN ORDER FOR ALCOHOLIC BEVERAGES MANUFACTURED, IMPORTED OR OWNED BY THE PERMIT HOLDER FROM A LICENSED RETAILER ON BEHALF OF A LICENSED WHOLESALER WHO IS AUTHORIZED TO SELL SUCH PRODUCT AT WHOLESALE. 5. SUCH PERMITS SHALL ALSO AUTHORIZE THE PERMIT HOLDER TO SELL ALCO- HOLIC BEVERAGES MANUFACTURED, IMPORTED OR OWNED BY THE PERMIT HOLDER TO CONSUMERS AT RETAIL FOR OFF-PREMISES CONSUMPTION AT TASTINGS CONDUCTED PURSUANT TO THE PERMIT. ALL SALES SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS SET FORTH IN SECTION ONE HUNDRED TWO-B OF THIS CHAPTER. 6. SUCH PERMIT MAY ALSO BE ISSUED TO WINE GRAPE GROWERS OR WINE PRODUCER ORGANIZATIONS OR ASSOCIATIONS, INCORPORATED WITHIN THE STATE FOR THE PURPOSE OF WINE OR WINE GRAPE PROMOTION. PROVIDED THAT: (A) ANY SUCH TASTING IS CONDUCTED FOR PURPOSES OF EDUCATION IN THE PRODUCTION AND PROPER USE OF WINE PRODUCTS; AND (B) NO ALCOHOLIC BEVERAGES MAY BE SOLD TO CONSUMERS BY THE PERMIT HOLDER. 7. A PERMIT ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE FOR EITHER ONE YEAR OR FOR A SINGLE ONE-DAY EVENT. THE ENTIRE PERMIT FEE SHALL BE DUE AND PAYABLE AT THE TIME OF THE APPLICATION. (A) THE FEE FOR AN ANNUAL SUPPLIER'S MARKETING PERMIT SHALL BE ONE HUNDRED TWENTY DOLLARS. (B) THE FEE FOR A SINGLE ONE-DAY EVENT SUPPLIER'S MARKETING PERMIT SHALL BE TWENTY-FIVE DOLLARS. S. 7813 14 8. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREBY MAY BE SUBJECT TO SUCH RULES AND FURTHER CONDITIONS BY THE AUTHORITY AS IT DEEMS NECESSARY. S 45. The alcoholic beverage control law is amended by adding a new section 99-i to read as follows: S 99-I. SUPPLIER'S SPECIAL EVENT PERMIT. 1. A SUPPLIER'S SPECIAL EVENT PERMIT SHALL AUTHORIZE A SUPPLIER TO SELL AND/OR SERVE THE PERMIT HOLDER'S ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS. FOR PURPOSES OF THIS SECTION, A "SUPPLIER" SHALL MEAN: A BRAND OWNER OF AN ALCOHOLIC BEVERAGE; OR AN ENTITY THAT HOLDS A VALID LICENSE ISSUED BY ANOTHER STATE TO MANUFACTURE ALCOHOLIC BEVERAGES. 2. A PERMIT ISSUED UNDER THIS SECTION MAY ONLY BE USED DURING THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER, DURING WHICH ALCOHOLIC BEVERAGES MAY LAWFULLY BE SOLD OR SERVED UPON PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION IN THE COMMUNITY IN WHICH SUCH GATH- ERING, FUNCTION, OCCASION OR EVENT IS HELD. 3. A PERMIT ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE FOR EITHER ONE YEAR OR FOR A SINGLE ONE-DAY EVENT. THE ENTIRE PERMIT FEE SHALL BE DUE AND PAYABLE AT THE TIME OF THE APPLICATION. (A) THE FEE FOR AN ANNUAL SUPPLIER'S SPECIAL EVENT PERMIT SHALL BE ONE HUNDRED TWENTY DOLLARS. (B) THE FEE FOR A SINGLE ONE-DAY SPECIAL EVENT PERMIT SHALL BE TWEN- TY-FIVE DOLLARS. 4. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND- ING, AN APPLICANT SHALL NOT BE ISSUED A PERMIT PURSUANT TO THIS SECTION FOR EVENTS TO TAKE PLACE UPON ANY PREMISES FOR WHICH THE AUTHORITY HAS ISSUED ANY LICENSE, OR HAS ISSUED A PERMIT MORE THAN FOUR TIMES WITHIN ANY ONE YEAR PERIOD, PROVIDED HOWEVER THAT THE AUTHORITY MAY, IN ITS SOLE DISCRETION, ISSUE ADDITIONAL SINGLE PERMITS IF IT SHALL DETERMINE UPON THE ISSUANCE OF EACH THAT (A) THE APPLICATION FOR SUCH PERMIT IS NOT AN ATTEMPT TO CIRCUMVENT LICENSING PROVISIONS OF THIS CHAPTER, AND (B) THE ISSUANCE OF SUCH PERMIT WOULD NOT BE A DETRIMENT TO THE COMMUNI- TY OR THE SURROUNDING NEIGHBORHOOD AS SUCH SHALL BE DETERMINED BY THE AUTHORITY AFTER CONSULTATION WITH MUNICIPAL AUTHORITIES AND POLICE AGEN- CIES AND COMMUNITY BOARDS FOR THE PURPOSE OF REVIEWING COMMUNITY OR NEIGHBORHOOD OR POLICE AGENCY COMPLAINTS, OR VIOLATIONS OF STATE OR LOCAL LAWS. 5. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREBY MAY BE SUBJECT TO SUCH RULES AND FURTHER CONDITIONS BY THE AUTHORITY AS IT DEEMS NECESSARY. S 46. The alcoholic beverage control law is amended by adding a new section 99-j to read as follows: S 99-J. DISTRIBUTOR'S TASTING PERMIT. 1. A DISTRIBUTOR'S TASTING PERMIT SHALL AUTHORIZE A DISTRIBUTOR TO CONDUCT TASTINGS AND PROVIDE SAMPLES OF THEIR PRODUCTS TO CONSUMERS. FOR PURPOSES OF THIS SECTION, A "DISTRIBUTOR" SHALL MEAN: AN ENTITY HOLDING A LICENSE ISSUED UNDER SECTIONS FIFTY-THREE, FIFTY-EIGHT, SIXTY-TWO, OR SEVENTY-EIGHT OF THIS CHAPTER; OR AN ENTITY THAT HOLDS A BASIC PERMIT AS REQUIRED BY SECTION 1.20 OF TITLE 27 OF THE CODE OF FEDERAL REGULATIONS TO IMPORT ALCOHOLIC BEVERAGES. 2. TASTINGS CONDUCTED PURSUANT TO SUCH PERMITS SHALL BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWO-A OF THIS CHAPTER. 3. SUCH EVENTS MAY TAKE PLACE AT: S. 7813 15 (A) AN ESTABLISHMENT LICENSED UNDER THIS CHAPTER TO SELL AT RETAIL THE ALCOHOLIC BEVERAGE THAT WILL BE TASTED. (B) THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND FARMERS MARKETS OPER- ATED ON A NOT-FOR-PROFIT BASIS. (C) OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS SPON- SORED BY A BONA FIDE CHARITABLE ORGANIZATION. (D) OTHER INDOOR OR OUTDOOR EVENTS SPECIFICALLY APPROVED BY THE AUTHORITY. IN DECIDING WHETHER TO APPROVE THE USE OF A PERMIT FOR A PARTICULAR EVENT, THE AUTHORITY SHALL CONSIDER THE NATURE AND LOCATION OF THE EVENT, AND THE PLAN OF SUPERVISION SUBMITTED BY THE APPLICANT TO ENSURE COMPLIANCE WITH THIS CHAPTER. 4. A DISTRIBUTOR'S TASTING PERMIT ISSUED UNDER THIS ARTICLE SHALL BE EFFECTIVE FOR EITHER ONE YEAR OR FOR A SINGLE ONE-DAY EVENT AT THE PERMIT FEE PROVIDED FOR IN THIS SUBDIVISION. THE ENTIRE PERMIT FEE SHALL BE DUE AND PAYABLE AT THE TIME OF THE APPLICATION. (A) THE FEE FOR AN ANNUAL PERMIT SHALL BE ONE HUNDRED TWENTY DOLLARS. (B) THE FEE FOR A SINGLE ONE-DAY EVENT PERMIT SHALL BE TWENTY-FIVE DOLLARS. 5. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREBY MAY BE SUBJECT TO SUCH RULES AND FURTHER CONDITIONS BY THE AUTHORITY AS IT DEEMS NECESSARY. S 47. The alcoholic beverage control law is amended by adding a new section 102-a to read as follows: S 102-A. TASTINGS OF ALCOHOLIC BEVERAGES. ANY TASTING CONDUCTED PURSUANT TO THIS CHAPTER SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE SITE OF THE TASTING SHALL BE SUBJECT TO INSPECTION DURING THE TASTING BY THE AUTHORITY. 2. A FEE OF NO MORE THAN ONE DOLLAR MAY BE CHARGED FOR THE TASTING, PROVIDED HOWEVER THAT NO PERSON LICENSED UNDER SECTION FIFTY-FOUR, FIFTY-FOUR-A, SIXTY-THREE, SEVENTY-SIX-F OR SEVENTY-NINE OF THIS CHAPTER SHALL CHARGE ANY FEE FOR A TASTING. 3. EACH SAMPLE SHALL BE LIMITED: (A) IN THE CASE OF BEER, WINE PRODUCTS AND CIDER, TO THREE OUNCES OR LESS. (B) IN THE CASE OF WINE, TO TWO OUNCES. (C) IN THE CASE OF LIQUOR, TO ONE-QUARTER OUNCE. PROVIDED, HOWEVER, THAT THE LIQUOR MAY BE MIXED WITH NO MORE THAN TWO OUNCES OF A NON-ALCO- HOLIC BEVERAGE. 4. NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED FIVE OF THIS ARTI- CLE. PROVIDED, HOWEVER, THAT A LICENSED WINERY OR LICENSED FARM WINERY MAY CONDUCT TASTINGS OF WINE AND WINE PRODUCTS FOR CONSUMPTION OFF THE PREMISES BETWEEN THE HOURS OF TEN O'CLOCK IN THE MORNING AND MIDNIGHT ON SUNDAYS. 5. THE TASTING SHALL BE CONDUCTED BY THE LICENSEE OR AN AUTHORIZED AGENT OF THE LICENSEE. PROVIDED, HOWEVER, THAT WITH RESPECT TO BEER AND CIDER TASTINGS, A LICENSED BEER WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR ANOTHER ENTITY, NOR SHALL A LICENSED BEER WHOLE- SALER BE INVOLVED IN ANY MANNER WITH A BEER OR CIDER TASTING CONDUCTED BY ANOTHER ENTITY. 6. ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM SUCH TASTING, AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE LICENSEE OR PERMIT HOLDER. 7. ALL ALCOHOLIC BEVERAGES USED FOR ANY TASTING SHALL BE IN THE ORIGINAL CONTAINERS AND MUST COMPLY WITH ANY ONE OF THE FOLLOWING: S. 7813 16 (A) THE PROVISIONS OF THIS CHAPTER AND THE RULES OF THE AUTHORITY REGARDING BRAND LABEL REGISTRATION; OR (B) HAVE RECEIVED A CERTIFICATE OF LABEL APPROVAL FROM THE FEDERAL TAX AND TRADE BUREAU; OR (C) HAVE AN EXEMPTION FROM CERTIFICATE OF LABEL APPROVAL REGISTRATION ISSUED BY THE FEDERAL TAX AND TRADE BUREAU. S 48. The alcoholic beverage control law is amended by adding a new section 102-b to read as follows: S 102-B. SALES FOR OFF-PREMISES CONSUMPTION BY SUPPLIERS. ANY SALES FOR CONSUMPTION OFF THE PREMISES CONDUCTED BY A LICENSED MANUFACTURER SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE SITE OF THE SALES SHALL BE SUBJECT TO INSPECTION DURING THE TASTING BY THE AUTHORITY. 2. NO SALE SHALL BE HELD DURING THE HOURS PROHIBITED BY THE PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED FIVE OF THIS ARTICLE. PROVIDED, HOWEVER, THAT A LICENSED WINERY OR LICENSED FARM WINERY MAY SELL WINE AND WINE PRODUCTS FOR CONSUMPTION OFF THE PREMISES BETWEEN THE HOURS OF TEN O'CLOCK IN THE MORNING AND MIDNIGHT ON SUNDAYS. 3. SALES CONDUCTED PURSUANT TO SECTION NINETY-NINE-H OF THIS CHAPTER SHALL BE CONDUCTED BY THE LICENSEE OR AN AUTHORIZED AGENT OF THE LICEN- SEE. PROVIDED, HOWEVER, THAT WITH RESPECT TO SALES OF BEER OR CIDER, A LICENSED BEER WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR ANOTHER ENTITY, NOR SHALL A LICENSED BEER WHOLESALER BE INVOLVED IN ANY MANNER WITH A SALE OF BEER OR CIDER CONDUCTED BY ANOTHER ENTITY. 4. ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM SUCH SALE, AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE LICENSEE OR PERMIT HOLDER. 5. ALL CONTAINERS OF LIQUOR AND WINE SOLD SHALL BE SECURELY SEALED AND HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY THIS CHAPTER. 6. ALL LIQUOR AND WINE SOLD SHALL BE PROPERLY PRICE POSTED AS REQUIRED BY THIS CHAPTER. 7. EXCEPT AS PROVIDED FOR IN SECTIONS SEVENTY-NINE-C AND SEVENTY-NINE-D OF THIS CHAPTER, ANY SUCH RETAIL SALE MAY BE MADE ONLY TO A CUSTOMER WHO IS PHYSICALLY PRESENT AT THE PLACE OF SALE AND SHALL BE CONCLUDED BY THE CUSTOMER'S TAKING WITH HIM, OR HER, THE ALCOHOLIC BEVERAGE PURCHASED AT THE TIME THE CUSTOMER LEAVES THE PLACE OF SALE. 8. EXCEPT AS PROVIDED FOR IN SECTIONS SEVENTY-NINE-C AND SEVENTY-NINE-D OF THIS CHAPTER, NO SUCH RETAIL SALE SHALL BE MADE WHERE THE ORDER IS PLACED BY LETTER, TELEPHONE, FAX, INTERNET OR E-MAIL, OR WHERE THE CUSTOMER OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYSICALLY PRESENT AT THE PLACE OF SALE. 9. EXCEPT AS PROVIDED FOR IN SECTIONS SEVENTY-NINE-C AND SEVENTY-NINE-D OF THIS CHAPTER, NO SUCH RETAIL SALE SHALL BE MADE WHERE THE CONTEMPLATED SALE REQUIRES THE LICENSEE TO TRANSPORT OR SHIP BY COMMON CARRIER, SEALED CONTAINERS OF ALCOHOLIC BEVERAGE TO A CUSTOMER. S 49. Section 104 of the alcoholic beverage control law is amended by adding a new subdivision 4 to read as follows: 4. NO BEER WHOLESALER SHALL SERVE AS AN AGENT FOR ANY OTHER LICENSEE OR PERMIT HOLDER WITH RESPECT TO CONDUCTING ANY TASTING OR SALE OF BEER OR CIDER AUTHORIZED BY THIS CHAPTER. S 50. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that the amendments to subdivision 3 of section 17 of the alcoholic beverage control law made by section one of this act shall not affect the expiration of such section and shall be deemed to expire therewith.
co-Sponsors
(D, IP) Senate District
(D) Senate District
(R, C) 53rd Senate District
(D, WF) 63rd Senate District
(D, WF) Senate District
(R, C) 58th Senate District
(R, C, IP) Senate District
(D, WF) Senate District
2013-S7813A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10122
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Rpld §51 sub 6-a ¶¶(b) & (d), §52, §58-c sub 2 ¶¶(d) & (e), §76-a sub 3-a, amd §§51, 51-a, 56, 58, 58-c, 61, 76 & 76-a, ABC L
2013-S7813A (ACTIVE) - Summary
Relates to licenses and permits regarding the manufacture of alcoholic beverages; establishes a supplier's marketing permit to authorize a supplier to conduct tastings and provide samples of alcoholic beverages manufactured by such supplier to consumers; further establishes a supplier's special event permit.
2013-S7813A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7813A TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to licenses and permits regarding the manufacture of alcoholic beverages; and to repeal certain provisions of such law relating thereto Purpose: This bill would amend the Alcoholic Beverage Control Law ("ABCL") governing licenses and permits issued to alcoholic beverage manufacturers, by: (a)increasing the production caps on "farm" and "micro" manufacturers; (b)allowing farm distilleries to operate a branch office; (c)allowing all manufacturers to conduct tastings and sell, by the bottle or glass, the alcoholic beverages they manufacture without a separate license; and (d)lowering the food requirement that must be met by manufacturers to obtain an on-premises license. Summary of Provisions: Section 1 of this bill would add a new subdivision 3-a to ABCL § 51 to allow brewers to conduct tastings and sell beer for on and
off-premises consumption at the brewery. Section 2 of this bill would amend ABCL § 51(4) to allow brewers to operate restaurants, hotels, catering establishments and other food and drinking establishments at the brewery. Section 3 of this bill would repeal ABCL § 51(6-a)(b) and (d). Section 4 of this bill would add ABCL § 51(9) to set minimum production requirements for brewers. Section 5 of this bill would amend ABCL § 51-a(2)(g) to allow farm brewers to operate restaurants, hotels, catering establishments and other food and drinking establishments at the brewery. Section 6 of this bill would amend ABCL § 51-a(10) to set minimum production requirements for a farm brewer and increase the maximum amount of beer and cider that can be produced by a farm brewery. Section 7 of this bill would repeal ABCL § 52 to eliminate duplicative provisions regarding bottle sales for brewers. Section 8 of this bill would amend ABCL § 56(1)(a) to increase the maximum amount of beer and cider that can be produced by a micro-brewery. Section 9 of this bill would add ABCL § 58(5) to set minimum production requirements for cider. Section 10 of this bill would repeal ABCL § 58-c(2)(d) and (e) to eliminate duplicative provisions regarding bottle sales for farm cideries. Section 11 of this bill would amend ABCL § 58-c(2)(f) to allow farm cideries to conduct tastings, sell by the glass and by the bottle, and operate restaurants, hotels, catering establishments and other food and drinking establishments at the cidery. Section 12 of this bill would amend ABCL § 58-c(10) to set minimum production requirements for cider by a farm cidery and to increase the maximum amount of cider that can be produced by a farm cidery and sets minimum production requirements for cider. Section 13 of this bill would amend ABCL § 61(1-a) to increase the maximum amount of liquor that can be produced by a micro-distiller. Section 14 of this bill would amend ABCL § 61(2-b) to increase the maximum amount of liquor that can be produced by a micro-rectifier. Section 15 of this bill would amend ABCL § 61(2-c)(e) to allow farm distillers to sell by the glass and by the bottle, and operate restaurants, hotels, catering establishments and other food and drinking establishments at the distillery. Section 16 of this bill would amend ABCL § 61(2-c)(f) to increase the amount of liquor that can be produced by a farm distiller. Section 17 of this bill would add a new ABCL § 61(2-c)(g) to allow farm distillers to operate a branch office. Section 18 of this bill would add ABCL § 61(7) to set minimum production requirements for liquor. Section 19 of this bill would amend ABCL § 76(4) to allow wineries to sell by the glass and by the bottle at the winery without a separate permit. Section 20 of this bill would amend ABCL § 76(4-a) to allow wineries to operate restaurants, hotels, catering establishments and other food and drinking establishments at the winery. Section 21 of this bill would amend ABCL § 76(10) to eliminate duplicative provisions regarding bottle sales for wineries. Section 22 of this bill would add ABCL § 76(14) to set minimum production requirements for wine. Section 23 of this bill would amend ABCL § 76-a(2)(f) to allow farm wineries to operate restaurants, hotels, catering establishments and other food and drinking establishments at the winery. Section 24 of this bill would repeal ABCL § 76-a(3-a) to eliminate duplicative provisions regarding bottle sales for farm wineries. Section 25 of this bill would amend ABCL § 76-a(8) to set minimum production requirements of wine by a farm winery and to increase the maximum amount of wine that can be produced by a farm winery and sets minimum production requirements for wine. Section 26 of this bill would provide that the hill would take effect thirty days after it becomes law. Existing Law: The current statutory scheme for manufacturers is overly restrictive. Small manufacturers are incentivized against growing by laws that increase manufacturers' licensing fees because of any modest increase in alcohol beverage productions. Additionally, manufacturers are limited in their ability to market their products. Justification: The New York State Law Revision Commission's report on the ABCL suggested the need for a complete revision of the laws regarding licensed manufacturers and wholesalers. This bill addresses some issues raised by the Commission, as well as concerns routinely raised by manufacturers regarding the overly restrictive and confusing laws that regulate their activities. This bill would provide New York manufacturers with greater opportunities to market their products by expanding the activities that they can conduct at their facilities, including serving "by the bottle" and "by the glass" as well as permitting small distilleries to increase the retail outlets where they can sell, serve and offer samples of their products. Moreover, this bill would reduce costs for small manufacturers by permitting them to produce more of their product at lower fees. Legislative History: This is a new bill. Budget Implications: There will be a minimal loss of revenue with the elimination of the fees associated with the numerous permits issued to New York manufacturers anticipated to be less than $100,000 annually. Effective Date: This bill would take effect thirty days after it becomes law.
2013-S7813A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7813--A I N S E N A T E June 11, 2014 ___________ Introduced by Sens. MARCELLINO, VALESKY, GRIFFO, RITCHIE -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to licenses and permits regarding the manufacture of alcoholic beverages; and to repeal certain provisions of such law relating thereto 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 3-a to read as follows: 3-A. A LICENSED BREWER MAY AT THE LICENSED PREMISES CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED BEER. PROVIDED, HOWEVER, THAT FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVER- SIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. S 2. Subdivision 4 of section 51 of the alcoholic beverage control law, as amended by chapter 100 of the laws of 1940, is amended to read as follows: 4. A LICENSED BREWERY MAY OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12097-06-4 S. 7813--A 2 TION ON THE PREMISES, BEER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE licensed brewer may apply to the liquor authority for a license to sell beer, wine or liquor at retail for consumption on the premises [in a restaurant owned by him and conducted and operated by him in or adjacent to the brewery for which he is licensed] AT SUCH ESTABLISHMENT. All of the provisions of this chapter relative to licenses to sell beer, wine or liquor at retail for consumption on the premises shall apply so far as applicable to such application. S 3. Paragraphs (b) and (d) of subdivision 6-a of section 51 of the alcoholic beverage control law are REPEALED. S 4. Section 51 of the alcoholic beverage control law is amended by adding a new subdivision 9 to read as follows: 9. A BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER ANNUAL- LY. S 5. Paragraph (g) of subdivision 2 of section 51-a of the alcoholic beverage control law, as added by chapter 108 of the laws of 2012, is amended to read as follows: (g) [sell and conduct tastings of beer and cider manufactured by the licensee or any other licensed farm brewery at retail for consumption on the premises of a restaurant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to its farm brewery. A licensee who operates a restaurant, conference center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell beer at retail for consumption on the premises] OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, BEER AND CIDER MANU- FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER OR NEW YORK STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED FARM BREWERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH- MENT; S 6. Subdivision 10 of section 51-a of the alcoholic beverage control law, as added by chapter 108 of the laws of 2012, is amended to read as follows: 10. (A) No farm brewery shall manufacture in excess of [sixty] SEVEN- TY-FIVE thousand finished barrels of beer AND CIDER annually. (B) A FARM BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER AND CIDER ANNUALLY. S 7. Section 52 of the alcoholic beverage control law is REPEALED. S 8. Paragraph (a) of subdivision 1 of section 56 of the alcoholic beverage control law, as amended by chapter 108 of the laws of 2012, is amended to read as follows: (a) four thousand dollars for a brewer's license, unless the annual production of the brewer is less than [sixty] SEVENTY-FIVE thousand barrels per year, in which case the annual fee shall be three hundred twenty dollars; S 9. Section 58 of the alcoholic beverage control law is amended by adding a new subdivision 5 to read as follows: S. 7813--A 3 5. A CIDER PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF CIDER ANNUALLY. S 10. Paragraphs (d) and (e) of subdivision 2 of section 58-c of the alcoholic beverage control law are REPEALED. S 11. Paragraph (f) of subdivision 2 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: (f) [sell and conduct tastings of cider manufactured by the licensee or any other licensed farm cidery at retail for consumption on the prem- ises of a restaurant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to its farm cidery. A licensee who operates a restaurant, conference center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell cider at retail for consumption on the premises] (I) AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMP- TION ON OR OFF THE LICENSED PREMISES, ANY CIDER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED CIDER. PROVIDED, HOWEVER, FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGU- LARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (A) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (B) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEES- ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES SELLING CIDER AT RETAIL SHALL APPLY; AND (II) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP- TION ON THE PREMISES, CIDER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES TO SELLING CIDER AT RETAIL SHALL APPLY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED FARM CIDERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH- MENT; S 12. Subdivision 10 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, is amended to read as follows: 10. (A) No farm cidery shall manufacture in excess of [one] TWO hundred fifty thousand gallons of cider annually. (B) A LICENSED FARM CIDERY SHALL PRODUCE AT LEAST FIFTY GALLONS OF CIDER ANNUALLY. S 13. Subdivision 1-a of section 61 of the alcoholic beverage control law, as amended by chapter 384 of the laws of 2013, is amended to read as follows: 1-a. A class A-1 distiller's license shall authorize the holder ther- eof to operate a distillery which has a production capacity of no more than [thirty-five] SEVENTY-FIVE thousand gallons per year for the manu- facture of liquors by distillation or redistillation at the premises specifically designated in the license. Such a license shall also authorize the sale in bulk by such licensee from the licensed premises of the products manufactured under such license to any person holding a S. 7813--A 4 winery license, farm winery license, distiller's class A license, a distiller's class B license or a permittee engaged in the manufacture of products which are unfit for beverage use. It shall also authorize the sale from the licensed premises and from one other location in the state of New York of liquors manufactured by such licensee to a wholesale or retail liquor licensee or permittee in sealed containers of not more than one quart each. In addition, it shall authorize such licensee to sell from the licensed premises New York state labelled liquors to licensed farm wineries, farm breweries, farm distilleries and farm cideries in sealed containers of not more than one quart for retail sale for off-premises consumption. Such license shall also include the priv- ilege to operate a rectifying plant under the same terms and conditions as the holder of a class B-1 distiller's license without the payment of any additional fee. S 14. Subdivision 2-b of section 61 of the alcoholic beverage control law, as amended by chapter 571 of the laws of 2008, is amended to read as follows: 2-b. A class B-1 distiller's license shall authorize the holder there- of to operate a rectifying plant which has a production capacity of no more than [thirty-five] SEVENTY-FIVE thousand gallons per year for the manufacture of the products of rectification by purifying or combining alcohol, spirits, wine, or beer and the manufacture of cordials by the redistillation of alcohol or spirits over or with any materials. Such a license shall also authorize the holder thereof to blend, reduce proof and bottle on his licensed premises or in a United States customs bonded warehouse for which a warehouse permit has been issued under this chap- ter for wholesale liquor licensees or for persons authorized to sell liquor at wholesale pursuant to the laws and regulation of any other state, territorial possession of the United States or foreign country liquor received in bulk by such wholesalers from other states, territo- rial possessions of the United States or a foreign country, and to rebottle or recondition for wholesale liquor or wine licensees or for persons authorized to sell liquor or wine at wholesale pursuant to the laws and regulations of any other state, territorial possession of the United States or foreign country, liquor or wine manufactured outside the state, which was purchased and received by such wholesalers in sealed containers not exceeding one quart each of liquor or fifteen gallons each of wine. Such a license shall also authorize the sale from the licensed premises of the products manufactured by such licensee to a wholesale or retail licensee in sealed containers of not more than one quart each. In addition, it shall authorize such licensee to sell from the licensed premises New York state labelled liquors to a farm winery licensee in sealed containers of not more than one quart for retail sale for off-premises consumption. S 15. Paragraph (e) 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: (e) Notwithstanding any other provision of law to the contrary, the holder of a farm distillery license may [apply to the authority for a license to sell beer, wine and liquor for consumption on the premises in a restaurant operated on or adjacent to the licensed farm distillery. All the provisions of this chapter relative to licensees to sell beer, wine or liquor at retail for consumption on the premises shall apply so far as applicable to such application.] (I) SELL AT RETAIL FOR CONSUMP- TION ON THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED LIQUOR. PROVIDED, HOWEVER, THE LICENSEE S. 7813--A 5 SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR FOOD ITEMS INTENDED TO COMPLIMENT THE TASTING OF ALCOHOL- IC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESE, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE; AND (II) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, LIQUOR MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED LIQUOR. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSEE MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISHMENT. S 16. Paragraph (f) 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: (f) No holder of a farm distillery license shall manufacture in excess of [thirty-five] SEVENTY-FIVE thousand gallons of liquor annually. In the case of the holder of a class A, A-1, B, B-1 or C distiller's license who operates a farm distillery on the same premises, the liquor manufactured pursuant to the farm distillery license shall not be considered with respect to any limitation on the volume that may be manufactured by the class A, A-1, B, B-1 or C distillery. S 17. Subdivision 2-c of section 61 of the alcoholic beverage control law is amended by adding a new paragraph (g) to read as follows: (G) THE HOLDER OF A LICENSE ISSUED UNDER THIS SUBDIVISION MAY OPERATE UP TO ONE BRANCH OFFICE LOCATED AWAY FROM THE LICENSED FARM DISTILLERY. SUCH LOCATION SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM DISTILLERY MAY BE CONDUCTED AT THE BRANCH OFFICE. SUCH BRANCH OFFICE SHALL NOT BE LOCATED WITHIN, SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCO- HOLIC BEVERAGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE, THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPER- ATION OF SAME. S 18. Section 61 of the alcoholic beverage control law is amended by adding a new subdivision 7 to read as follows: 7. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF LIQUOR PER YEAR. S 19. Subdivision 4 of section 76 of the alcoholic beverage control law, as amended by chapter 221 of the laws of 2011, is amended to read as follows: 4. A licensed winery may [apply to the liquor authority for a license to sell wine at retail for consumption on the premises. All the provisions of this chapter relative to licenses to sell wine at retail for consumption on the premises shall apply so far as applicable to such S. 7813--A 6 application] AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY WINE OR WINE PRODUCT MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED WINE OR NEW YORK STATE LABELED WINE PRODUCT. PROVIDED, HOWEVER, FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMP- TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON OR OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. S 20. Subdivision 4-a of section 76 of the alcoholic beverage control law, as amended by chapter 221 of the laws of 2011, is amended to read as follows: 4-a. [Notwithstanding any other provision of law, any winery, licensed pursuant to subdivision four of this section to sell wine at retail for consumption on the premises in a restaurant in or adjacent to the winery, may apply to the liquor authority for a license to sell beer, wine or liquor at retail for consumption on the premises of such restau- rant. All of the provisions of this chapter relative to licenses to sell beer, wine or liquor at retail for consumption on the premises shall apply so far as applicable to such application] A LICENSED WINERY MAY OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE AND WINE PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED WINE OR NEW YORK STATE LABELED WINE PRODUCT. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM- ISES AT SUCH ESTABLISHMENT. S 21. Subdivision 10 of section 76 of the alcoholic beverage control law, as added by chapter 221 of the laws of 2011, is amended to read as follows: 10. Notwithstanding any provision of this chapter to the contrary, and 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 licensed winery upon application therefor a certificate authorizing such winery to sell wine at retail in sealed containers to a regularly organ- ized church, synagogue or religious organization for sacramental purposes[, and to a householder for consumption in his home]. S 22. Section 76 of the alcoholic beverage control law is amended by adding a new subdivision 14 to read as follows: 14. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF WINE PER YEAR. S. 7813--A 7 S 23. Paragraph (f) of subdivision 2 of section 76-a of the alcoholic beverage control law, as added by chapter 221 of the laws of 2011, is amended to read as follows: (f) [sell wine at retail for consumption on the premises of a restau- rant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to the farm winery for which the licensee is licensed. A licensee who operates a restaurant, confer- ence center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell wine at retail for consumption on the premises] OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE, CIDER AND WINE PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED WINE, NEW YORK STATE LABELED CIDER OR NEW YORK STATE LABELED WINE PRODUCT. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH- MENT. S 24. Subdivision 3-a of section 76-a of the alcoholic beverage control law is REPEALED. S 25. Subdivision 8 of section 76-a of the alcoholic beverage control law, as amended by chapter 147 of the laws of 1988 and as renumbered by chapter 221 of the laws of 2011, is amended to read as follows: 8. (A) No licensed farm winery shall manufacture in excess of [one] TWO hundred fifty thousand finished gallons of wine annually. (B) ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF WINE PER YEAR. S 26. This act shall take effect on the thirtieth day after it shall have become a law.
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