Assembly Bill A9838

2017-2018 Legislative Session

Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-A9838 (ACTIVE) - Details

See Senate Version of this Bill:
S7438
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§305-a & 301, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1434
2021-2022: S2706
2023-2024: S4385

2017-A9838 (ACTIVE) - Summary

Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism.

2017-A9838 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9838
 
                           I N  A S S E M B L Y
 
                             February 14, 2018
                                ___________
 
 Introduced  by M. of A. MAGEE -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  certain
   farm  wineries,  farm  breweries, farm distilleries, and farm cideries
   whose business includes agricultural tourism
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  305-a of the agriculture and
 markets law is amended by adding a new paragraph d to read as follows:
   D. FOR FARM WINERIES, FARM  BREWERIES,  FARM  DISTILLERIES,  AND  FARM
 CIDERIES  IN  AN  APPROVED AGRICULTURAL DISTRICT WHOSE BUSINESS INCLUDES
 AGRICULTURAL TOURISM AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION  THREE
 HUNDRED  ONE OF THIS ARTICLE AND WHO WERE DEVELOPED AND INDUCED WITH THE
 ASSISTANCE OF THE EMPIRE STATE DEVELOPMENT CORPORATION, THE  COMMISSION-
 ER,  IN CONSULTATION WITH THE NEW YORK STATE LIQUOR AUTHORITY AND EMPIRE
 STATE DEVELOPMENT CORPORATION, MAY MAKE A DETERMINATION AT  THE  REQUEST
 OF  A  FARM  WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM CIDERY AS TO
 WHETHER MARKETING ACTIVITIES AND OTHER RELATED PRACTICES ARE  "UNREASON-
 ABLY  RESTRICTED"  BY  PROPOSED  CHANGES  IN LOCAL LAND USE REGULATIONS,
 ORDINANCES, OR LOCAL LAWS OR REVIEWING A PERMIT PERTAINING  TO  AGRICUL-
 TURAL  PRACTICES.  FOR  PURPOSES  OF  THIS  SECTION  "FARM OPERATION" AS
 DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THIS ARTI-
 CLE, SHALL ALSO INCLUDE FOOD SALES, ON-FARM WEDDING RECEPTIONS, PARTIES,
 AND SPECIAL EVENTS (INCLUDING, BUT NOT LIMITED  TO,  HARVEST  FESTIVALS,
 CHARITABLE EVENTS, AND WINE, BEER, CIDER AND DISTILLED SPIRITS TASTINGS)
 AT WHICH SUCH FARM WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM CIDERY
 SELLS,  MARKETS,  OR OFFERS FOR SALE ITS CROP INCLUDING, BUT NOT LIMITED
 TO WINES, BEERS, CIDER, OR DISTILLED  SPIRITS.  "FARM  OPERATION"  SHALL
 ALSO INCLUDE THE PURCHASING OF CROPS BETWEEN FARMS LOCATED IN NEW YORK.
   § 2. Subdivision 15 of section 301 of the agriculture and markets law,
 as  amended  by  chapter  87  of the laws of 2010, is amended to read as
 follows:
   15. "Agricultural tourism" means activities, including the  production
 of  maple  sap  and  pure  maple products made therefrom, AND ACTIVITIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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