NY State Senate Bill 2015-S7902

Senate Bill S7902

2015-2016 Legislative Session

Relates to the issuance of winery and cidery license for a certain premises in Orange County

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2016	referred to commerce, economic development and small business

2015-S7902 (ACTIVE) - Details

See Assembly Version of this Bill:: A10176
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§58 & 76, ABC L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5401, A718
2019-2020: A1948

2015-S7902 (ACTIVE) - Summary

Relates to the issuance of a winery and cidery license for a certain premises in Orange County in order to allow the licensee to conduct tastings of, and sell cider for consumption so long as the licensee keeps food available for sale to its customers on the premises.

2015-S7902 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7902

 TITLE OF BILL :

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

 PURPOSE :

To amend the alcoholic beverage control law to allow for on-premises
consumption of cider.

 SUMMARY OF PROVISIONS :

Section 1 adds a new subdivision 3-b to section 58 of the alcoholic
beverage control law to allow a person holding a cider producer
license for a specific premise located in Orange County to conduct
tastings of, and sell at retail for consumption on or off the
premises, any cider produced by the licensee at any other location.
Further, this section provides that for tastings and sales for
on-premises consumption, a cider production licensee must regularly
make food available for sale or service to retail customers for
consumption on the premises.  Subdivision 3-b also lists specific
foods to be made available that will keep the licensee in compliance
with this section.

Section 2 adds a new subdivision 4-b to section 76 of the alcoholic
beverage control law to allow a person holding a winery license for a
specific premise located in Orange County to conduct tastings of, and
sell at retail for consumption on or off the premises, any wine
produced by the licensee at any other location. Further, this section
provides that for tastings and sales for on-premises consumption, a
winery licensee must regularly make food available for sale or service
to retail customers for consumption on the premises.  Subdivision 4-b
also lists specific foods to be made available that will keep the
licensee in compliance with this section.

Section 3 sets forth an immediate effective date.

 JUSTIFICATION :

The heart of the New York Hudson River Valley apple region was
selected for the establishment of a new cidery to be dedicated to
research and developing innovative cider varieties. Its focus will be
on apple varieties grown in or native to New York, and to promote the
New York hard cider industry through its visitor center and tasting
room. By experimenting with growing new apple varieties and expanding
the range of apples best suited for cider-making, the hope is that the
cider-making industry will become an even greater force in the Hudson
Valley and New York State.

It is anticipated that the cidery will be a significant draw for
visitors to the area who will learn about cider-making and the rich
history of the Hudson Valley region. On-premises consumption of the
wide-variety of hard ciders will enhance the experience of visitors,
leading to greater interest in the cider industry in New York State.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7902 (ACTIVE) - Bill Text download pdf

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

                                  7902

                            I N  S E N A T E

                              May 23, 2016
                               ___________

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

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  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.
  (B) PROVIDED, HOWEVER, THAT FOR TASTINGS  AND  SALES  FOR  ON-PREMISES
CONSUMPTION,  THE  LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14675-01-6

S. 7902                             2

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.

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