S T A T E   O F   N E W   Y O R K
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                                  10176

                          I N  A S S E M B L Y

                              May 16, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  winery and cidery licenses issued for a premises in Orange County

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

  Section 1. Section 58 of the alcoholic beverage control law is amended
by adding a new subdivision 3-b to read as follows:
  3-B. (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRA-
RY,  A PERSON HOLDING A CIDER PRODUCER LICENSE AT THE PREMISES DESCRIBED
IN THIS SUBDIVISION MAY CONDUCT TASTINGS OF,  AND  SELL  AT  RETAIL  FOR
CONSUMPTION  ON OR OFF THE LICENSED PREMISES, ANY CIDER PRODUCED BY SUCH
PERSON AT ANY OTHER LOCATION: ALL THAT CERTAIN PLOT, PIECE OR PARCEL  OF
LAND  SITUATED,  LYING  AND  BEING  IN THE TOWN OF MONTGOMERY, COUNTY OF
ORANGE AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING  AT
A  POINT AT THE APPROXIMATE CENTERLINE OF ALBANY POST ROAD, (COUNTY ROAD
14), SAID POINT BEING THE NORTHEASTERLY CORNER OF THE  HEREIN  DESCRIBED
PARCEL;  THENCE  ALONG  THE  DIVISION  LINE BETWEEN THE HEREIN DESCRIBED
PARCEL AND THE LANDS NOW  OR  FORMERLY  OF  CHRISTOPHER  M.  PISCOPO  AS
DESCRIBED  IN  BOOK  12496  OF DEEDS AT PAGE 354, N 52° 46' 00" W 247.55
FEET TO THE NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED PARCEL;  THENCE
ALONG  THE  DIVISION  LINE  BETWEEN  THE HEREIN DESCRIBED PARCEL AND THE
LANDS NOW OR FORMERLY OF THE ALBANY POST ORCHARDS, LLC AS  DESCRIBED  IN
BOOK  11892  OF  DEEDS  AT PAGE 1358; S 39° 05' 00" W 465.81 FEET TO THE
SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED PARCEL;  THENCE  ALONG  THE
DIVISION  LINE  BETWEEN THE HEREIN DESCRIBED PARCEL AND THE LANDS NOW OR
FORMERLY OF MARIE ECKSTEIN, ANITA ECKSTEIN AND ELAINE PUTNAM,  TRUSTEES,
MARIE  ECKSTEIN  REVOCABLE INDENTURE OF TRUST AS DESCRIBED IN BOOK 13291
OF DEEDS AT PAGE 1985, S 64° 36' 00" E 165.78 FEET TO THE  SOUTHEASTERLY
CORNER  OF THE HEREIN DESCRIBED PARCEL OF LAND THE LANDS NOW OR FORMERLY
OF FRANK MORICCO, N40° 02' 00" E 220.05 FEET AND S54° 39' 00"  E  181.95
FEET  TO  A  POINT  IN  THE  APPROXIMATE CENTERLINE OF ALBANY POST ROAD;
THENCE ALONG THE APPROXIMATE CENTERLINE OF ALBANY POST  ROAD,  N13°  05'
00" E 225.54 FEET TO THE POINT OR PLACE OF BEGINNING.

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

                                                           LBD14675-01-6

A. 10176                            2

  (B)  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:  SANDWICHES,  SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROC-
ESSED, PRE-COOKED OR FROZEN; AND/OR 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  TABLE-
WARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUD-
ING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS,
MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL CIDER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES
SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
  S  2.  Section  76 of the alcoholic beverage control law is amended by
adding a new subdivision 4-b to read as follows:
  4-B. (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRA-
RY,  A PERSON HOLDING A WINERY LICENSE AT THE PREMISES DESCRIBED IN THIS
SUBDIVISION MAY CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR  CONSUMPTION
ON OR OFF THE LICENSED PREMISES, ANY WINE PRODUCED BY SUCH PERSON AT ANY
OTHER LOCATION: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATED,
LYING  AND  BEING  IN THE TOWN OF MONTGOMERY, COUNTY OF ORANGE AND BEING
FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A  POINT  AT  THE
APPROXIMATE CENTERLINE OF ALBANY POST ROAD, (COUNTY ROAD 14), SAID POINT
BEING  THE  NORTHEASTERLY  CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE
ALONG THE DIVISION LINE BETWEEN THE  HEREIN  DESCRIBED  PARCEL  AND  THE
LANDS  NOW  OR  FORMERLY  OF CHRISTOPHER M. PISCOPO AS DESCRIBED IN BOOK
12496 OF DEEDS AT PAGE 354, N 52° 46' 00" W 247.55 FEET TO THE NORTHWES-
TERLY CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG  THE  DIVISION
LINE  BETWEEN  THE HEREIN DESCRIBED PARCEL AND THE LANDS NOW OR FORMERLY
OF THE ALBANY POST ORCHARDS, LLC AS DESCRIBED IN BOOK 11892 OF DEEDS  AT
PAGE  1358;  S  39° 05' 00" W 465.81 FEET TO THE SOUTHWESTERLY CORNER OF
THE HEREIN DESCRIBED PARCEL; THENCE ALONG THE DIVISION LINE BETWEEN  THE
HEREIN DESCRIBED PARCEL AND THE LANDS NOW OR FORMERLY OF MARIE ECKSTEIN,
ANITA  ECKSTEIN  AND  ELAINE  PUTNAM, TRUSTEES, MARIE ECKSTEIN REVOCABLE
INDENTURE OF TRUST AS DESCRIBED IN BOOK 13291 OF DEEDS AT PAGE  1985,  S
64°  36'  00"  E  165.78  FEET TO THE SOUTHEASTERLY CORNER OF THE HEREIN
DESCRIBED PARCEL OF LAND THE LANDS NOW OR  FORMERLY  OF  FRANK  MORICCO,
N40°  02' 00" E 220.05 FEET AND S54° 39' 00" E 181.95 FEET TO A POINT IN
THE APPROXIMATE CENTERLINE OF ALBANY POST ROAD; THENCE ALONG THE APPROX-
IMATE CENTERLINE OF ALBANY POST ROAD, N13° 05' 00" E 225.54 FEET TO  THE
POINT OR PLACE OF BEGINNING.
  (B)  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: SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER  FRESH,  PROC-
ESSED,  PRE-COOKED  OR  FROZEN; AND/OR 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 TABLE-
WARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUD-
ING 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 AND OFF THE  PREMISES
SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
  S 3. This act shall take effect immediately.