S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    718
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 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.
                                                            LBD03743-01-7

 A. 718                              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.
   §  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.
   § 3. This act shall take effect immediately.