NY State Senate Bill 2017-S4399

Senate Bill S4399

2017-2018 Legislative Session

Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to commerce, economic development and small business returned to senate died in assembly
Apr 25, 2017	referred to economic development delivered to assembly passed senate
Mar 06, 2017	advanced to third reading
Mar 02, 2017	2nd report cal.
Mar 01, 2017	1st report cal.282
Feb 13, 2017	referred to commerce, economic development and small business

Votes

- Apr 25, 2017 - Floor Vote
  S4399
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 25, 2017
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (4)
      
      Bailey
      
      Boyle
      
      Krueger
      
      Sanders Jr.
  Mar 1, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S4399
  
  9
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Mar 1, 2017
      
      aye (9)
      
      Bailey
      
      Boyle
      
      Felder
      
      Funke
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Persaud
      
      Robach
      
      aye wr (1)
      
      Sanders Jr.
      
      excused (1)
      
      Gallivan

co-Sponsors

2017-S4399 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §51, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8183
2011-2012: S1652
2013-2014: S434
2015-2016: S1860

2017-S4399 (ACTIVE) - Summary

Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages at certain events; includes fees and definition of small sample; such permit shall include the privilege to sell such beverages for consumption off-premises.

2017-S4399 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4399

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to permits for brewers, manufacturers and importers of
beer or malt beverages

 PURPOSE OF THE BILL :

This bill amend § 51 of the Alcoholic Beverage Control Law by adding a
new subdivision 9 to allow a licensed brewer to obtain a Beer Festival
permit from the State Liquor Authority and allow participating brewers
and their brewery personnel to dispense and serve their products to
persons of legal age.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill allows a licensed brewer to obtain a permit to hold a Beer
Festival and to invite brewers to offer small samples of their malt
beverage products. Samples per brand shall not exceed 3 ounces per
serving. The permit holder shall receive for distribution all products
that shall be properly invoiced and inventoried and return any unused
product to the distributor for credit. Each participating brewer or
the brewer's representative shall be allowed to dispense and serve
their products. The brewers participating may sell sealed containers
for off-premises consumption. Food products may be available for sale
and proper security must be provided at each Beer Festival to

determine lawful proof of age and to remove any patron that appears
intoxicated or is out of order.

 JUSTIFICATION :

The state presently licenses seventy-three craft brewing facilities
this bill provides brewers an inexpensive opportunity to advertise,
dispense and serve their products and to interact directly with target
patrons who may not be able to sample craft beers as they are not
readily available in most licensed food stores, bars or restaurants.
The craft brewing industry is a growing industry in New York and has
revitalized the economy and added to the workforce in many urban areas
of our state. The New York State Law Revision Commission recommended
in their final report that "the law should be amended to clarify that
brewers participating in beer festivals can supervise the tasting of
their beer and take back left over products and that licensed brewers
or their employees should be allowed to dispense and serve the
brewer's product at beer festivals."

 PRIOR LEGISLATIVE HISTORY :

2013-2014 S.434: Referred to commerce, economic development and small
business.
2015-2016 S.1860/A.8316: Passed The Senate/Referred to economic
development

 FISCAL IMPLICATIONS :

This bill generates a modest new sum annually. The permit fee is $20
per function.

 EFFECTIVE DATE :

2017-S4399 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4399
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 Introduced  by  Sens.  DILAN, KENNEDY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business
 
 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.

                                                            LBD03937-01-7

 S. 4399                             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.
   § 2. This act shall take effect immediately.

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Senate Bill S4399

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Sponsored By

Martin Malavé Dilan