S T A T E O F N E W Y O R K
________________________________________________________________________
8316
2015-2016 Regular Sessions
I N A S S E M B L Y
June 22, 2015
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Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
permits for brewers, manufacturers and importers of beer or malt
beverages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 51 of the alcoholic beverage control law is amended
by adding a new subdivision 10 to read as follows:
10. (A) A BREWER OR MANUFACTURER AS DEFINED IN SECTION THREE OF THIS
CHAPTER, OR AN IMPORTER HAVING A BASIC PERMIT AS REQUIRED BY SECTION
1.20 OF TITLE 27 OF THE CODE OF FEDERAL REGULATIONS, MAY OBTAIN A PERMIT
TO SERVE SMALL SAMPLES OF BEER OR MALT BEVERAGES IT PRODUCES OR IMPORTS
AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS.
(B) THE FEE FOR SUCH PERMIT SHALL BE TWENTY DOLLARS AND SHALL BE
ISSUED BY THE AUTHORITY AND DATED FOR ITS PERIOD OF USE, WHICH SHALL NOT
EXCEED THREE DAYS.
(C) TASTINGS AT SUCH OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCA-
SIONS OR EVENTS SHALL BE CONDUCTED ONLY WITHIN THE HOURS FIXED BY OR
PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER,
DURING WHICH ALCOHOLIC BEVERAGES MAY BE LAWFULLY SOLD OR SERVED UPON
PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
IN THE COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR OR INDOOR
GATHERING, FUNCTION, OCCASION OR EVENT IS HELD.
(D) EACH SERVING AT TASTINGS SHALL BE SERVED ONLY BY THE BREWER OR
MANUFACTURER OR IMPORTER OR ITS EMPLOYEE AND SHALL BE LIMITED TO THREE
OUNCES OR LESS OF A BRAND OF BEER OR MALT BEVERAGE PRODUCED OR IMPORTED
BY THE BREWER OR MANUFACTURER OR IMPORTER AND NO CONSUMER OF LEGAL AGE
SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
FOR TASTING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06872-01-5
A. 8316 2
(E) THE BREWER OR MANUFACTURER OR IMPORTER SHALL BE RESPONSIBLE FOR
ENSURING THAT SUCH SAMPLES ARE ONLY SERVED TO INDIVIDUALS LEGALLY ELIGI-
BLE TO CONSUME ALCOHOLIC BEVERAGES IN THIS STATE.
(F) THE AUTHORITY MAY ISSUE PERMITS TO MORE THAN ONE BREWER OR
MANUFACTURER OR IMPORTER FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNC-
TION, OCCASION OR EVENT.
(G) SUCH PERMIT SHALL INCLUDE THE PRIVILEGE TO SELL BEER OR MALT
BEVERAGES PRODUCED BY THE BREWER OR MANUFACTURER OR SOLD BY THE IMPORTER
AT SUCH OUTDOOR OR INDOOR GATHERING, FUNCTION, OCCASION OR EVENT, IN
SEALED CONTAINERS FOR OFF-PREMISES CONSUMPTION.
(H) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM THE
SAMPLING OR SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED BY THIS
SUBDIVISION, AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100
AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER OR
MANUFACTURER OR IMPORTER.
(I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS TO
A BREWER OR MANUFACTURER OR IMPORTER TO OBTAIN SUCH PERMIT, AND PROMUL-
GATE SUCH RULES AND REGULATIONS, AS IT DEEMS NECESSARY OR APPROPRIATE TO
IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION TO PROTECT THE HEALTH,
SAFETY AND WELFARE OF THE PEOPLE OF THIS STATE.
S 2. This act shall take effect immediately.