NY State Senate Bill 2017-S4772A

Senate Bill S4772A

2017-2018 Legislative Session

Establishes the New York craft beverage council within the department of economic development

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to commerce, economic development and small business
Dec 11, 2017	print number 4772a
Dec 11, 2017	amend and recommit to commerce, economic development and small business
Feb 28, 2017	referred to commerce, economic development and small business

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4772 - Details

See Assembly Version of this Bill:: A128
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Economic Development Law
Laws Affected:: Add Art 5-F §§181-f - 181-i, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7544
2015-2016: S4118, A2305
2019-2020: A130
2021-2022: A1910

2017-S4772 - Summary

Establishes the New York craft beverage council within the department of economic development to develop a marketing strategy to promote the state's fine wines, spirits, ciders and craft brews; defines terms.

2017-S4772 - Sponsor Memo

                                 BILL NUMBER:  S4772

 TITLE OF BILL :  An act to amend the economic development law, in
relation to establishing the New York craft beverage council

 PURPOSE OR GENERAL IDEA OF BILL :

To create and implement a New York Beverage Council within the
Department of Economic Development to promote New York as a premiere
producer of high quality wines, spirits and craft brews and to enhance
brand recognition for New York craft beverages within and outside of
NY State for the purpose of increasing sales and production of NY
wines, spirits and craft brews and increased tax revenue for the
people of New York State.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Section 181-f of the Economic Development Law creates a NY
Craft Beverage Council Program. § 181-g sets the definitions for this
section. § 181-h of the Economic Development Law provides general
powers and duties of the commissioner. § 181-i creates a NY Craft
Beverage Council consisting of a 9-member board of directors,
including five members to be appointed by the governor, two members to
be appointed by the temporary president of the senate and two members
to be appointed by the speaker of the assembly. The board shall
consist of representatives from a winery, a distillery, a

microbrewery, a liquor store, a beer distributor, a farm distillery, a
brew pub, a restaurant licensed to sell New York craft beverages, and
a promoter of commercial products. The Chair of the Urban Development
Corporation will serve as Chair of the Council, with an executive
director to be appointed by the board of directors. The board of
directors will elect their successors following the completion of
their term. The board will meet four times annually at the call of
their chairman or in his absence the vice chairman or on petition of
any three members. The New York Craft Beverage Council is charged with
creating brand recognition for fine New York wines, spirits and craft
brews.  Regional advisory boards will be established for the purposes
of collaborating with the New York craft beverage council and regional
stakeholders. There will be five regional advisory board members for
each of the ten regions of the state.

Section 2 sets the effective date.

 JUSTIFICATION :

New York State is one of the largest producers of craft beverages in
the United States but falls far short of other states in supporting
this important industry. The industry today is strong in the tourism
areas, but is in need of stronger consumer awareness and demand for
the high quality products being produced across the state. In an
effort to create an opportunity for the State to generate sales tax
revenue along with increasing the number of new jobs within the craft
beverage industry, and to promote the sale and enjoyment of New York
craft beverages, this bill would create the New York Craft Beverage
Council. The Council would promote New York craft beverages in concert
with the tourism industry, wineries, distilleries, breweries,
retailers and restaurants within and outside of NY State. A marketing
campaign to be undertaken will educate New Yorkers and other consumers
as to the quality and benefits of New York's craft beverages. Specific
plans will be developed by the Council and progress reported to the
State on an annual basis with.key performance indicators and metrics
to measure the success of the efforts.

 LEGISLATIVE HISTORY :


2016: S.6611 Referred to Commerce, Economic Development and Small
Business
2015: S.4118 Committed to Rules
2013,2014: S.5300/A.7544 Referred to Commerce, Economic Development &
Small Business

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S4772 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4772
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2017
                                ___________
 
 Introduced  by Sen. HELMING -- (at request of the Legislative Commission
   on Rural Resources) -- read twice and ordered printed, and when print-
   ed to be committed to the Committee on Commerce, Economic  Development
   and Small Business
 
 AN  ACT to amend the economic development law, in relation to establish-
   ing the New York craft beverage council

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  economic  development law is amended by adding a new
 article 5-F to read as follows:
                                ARTICLE 5-F
                  NEW YORK CRAFT BEVERAGE COUNCIL PROGRAM
 SECTION 181-F. SHORT TITLE.
         181-G. DEFINITIONS.
         181-H. GENERAL POWERS AND DUTIES OF THE COMMISSIONER.
         181-I. NEW YORK CRAFT BEVERAGE COUNCIL.
   § 181-F. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
 THE "NEW YORK CRAFT BEVERAGE COUNCIL PROGRAM".
   §  181-G.  DEFINITIONS.  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS FOR THE PURPOSES OF THIS SECTION:
   1. "WINERY" SHALL MEAN A BUSINESS THAT PRODUCES WINE.
   2. "DISTILLERY" SHALL MEAN A BUSINESS THAT PRODUCES SPIRITS.
   3. "MICROBREWERY" SHALL MEAN A BUSINESS THAT PRODUCES CRAFT BREWS.
   4. "BEER DISTRIBUTOR" SHALL MEAN A BUSINESS THAT SELLS CRAFT BREWS  TO
 THE PUBLIC AND DELIVERS CRAFT BREWS TO RETAILERS.
   5.  "BREW  PUB"  SHALL MEAN A PUB OR RESTAURANT THAT BREWS BEER ON THE
 PREMISES.
   6. "FARM DISTILLERY" SHALL MEAN A DISTILLERY WITH A CLASS D LICENSE.
   § 181-H. GENERAL POWERS AND DUTIES OF THE  COMMISSIONER.  THE  COMMIS-
 SIONER  SHALL  DEVELOP  AND IMPLEMENT A NEW YORK CRAFT BEVERAGE PROGRAM.
 THE NEW YORK CRAFT BEVERAGE COUNCIL SHALL DEVELOP A  MARKETING  STRATEGY

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

                                                            LBD01582-01-7

 S. 4772                             2
 
 PURSUANT  TO  THIS  PROGRAM  THAT  SHALL  PROMOTE NEW YORK AS A PREMIERE
 PRODUCER OF HIGH QUALITY WINES, SPIRITS AND CRAFT BREWS.
   §  181-I. NEW YORK CRAFT BEVERAGE COUNCIL. 1. (A) THE COMMISSIONER, IN
 ACCORDANCE WITH THIS PROGRAM, SHALL CAUSE TO BE  DEVELOPED  A  NEW  YORK
 CRAFT BEVERAGE COUNCIL TO BE TASKED WITH BRANDING, MARKETING AND PROMOT-
 ING  FINE  NEW  YORK  STATE WINES, SPIRITS AND CRAFT BEVERAGES.  THE NEW
 YORK CRAFT BEVERAGE COUNCIL SHALL BE MANAGED BY AND  ITS  POWERS,  FUNC-
 TIONS AND DUTIES SHALL BE EXERCISED THROUGH A BOARD OF DIRECTORS.
   (B) THE INITIAL BOARD OF DIRECTORS SHALL CONSIST OF NINE MEMBERS: FIVE
 OF  WHICH  SHALL  BE  APPOINTED  BY  THE GOVERNOR; TWO OF WHICH SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;  AND  TWO  OF  WHICH
 SHALL  BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. OF THE NINE MEMBERS,
 ONE SHALL BE AN OFFICER OR OWNER OF A WINERY, ONE SHALL BE AN OFFICER OR
 OWNER OF A DISTILLERY, ONE SHALL BE AN OFFICER OR OWNER OF A  MICROBREW-
 ERY, ONE SHALL BE AN OFFICER OR OWNER OF A LIQUOR STORE, ONE SHALL BE AN
 OFFICER OR OWNER OF A BEER DISTRIBUTOR, ONE SHALL BE AN OFFICER OR OWNER
 OF  A  FARM  DISTILLERY, ONE SHALL BE AN OFFICER OR OWNER OF A BREW PUB,
 ONE SHALL BE THE OWNER OR OFFICER OF A RESTAURANT LICENSED TO SELL  FINE
 NEW  YORK  WINES,  SPIRITS  AND  CRAFT  BREWS, AND ONE SHALL BE A PERSON
 FAMILIAR WITH THE ADVERTISING, PROMOTION  AND  MARKETING  OF  COMMERCIAL
 PRODUCTS.  THE DIRECTORS SO APPOINTED SHALL SERVE A TERM OF THREE YEARS,
 EXCEPT THAT, OF THE DIRECTORS SO APPOINTED BY  THE  GOVERNOR,  TEMPORARY
 PRESIDENT  OF THE SENATE AND SPEAKER OF THE ASSEMBLY, THE OWNER OR OFFI-
 CER OF A DISTILLERY, THE OWNER OR OFFICER OF A BEER DISTRIBUTOR AND  THE
 OWNER  OR OFFICER OF A RESTAURANT SHALL SERVE FOR ONE YEAR, THE OWNER OR
 OFFICER OF A BREWERY, THE OWNER OR OFFICER OF A  LIQUOR  STORE  AND  THE
 OWNER  OR OFFICER OF A BREW PUB SHALL SERVE FOR TWO YEARS, AND THE OWNER
 OR OFFICER OF A WINERY, THE OWNER OR OFFICER OF A  FARM  DISTILLERY  AND
 THE PERSON FAMILIAR WITH ADVERTISING, PROMOTION AND MARKETING OF COMMER-
 CIAL PRODUCTS SHALL SERVE FOR THREE YEARS.
   (C)  THE  CHAIR  OF  THE  URBAN DEVELOPMENT CORPORATION SHALL SERVE AS
 CHAIR OF THE COUNCIL.
   (D) MEMBERSHIP WILL BE DEFINED AS MEMBERS IN  GOOD  STANDING  PER  THE
 BYLAWS OF THE NEW YORK CRAFT BEVERAGE COUNCIL. EACH MEMBER WILL CONTRIB-
 UTE  ANNUAL  DUES TO THE COUNCIL TO BE DETERMINED BY THE BOARD OF DIREC-
 TORS.
   (E) THE EXECUTIVE DIRECTOR OF THE  NEW  YORK  CRAFT  BEVERAGE  COUNCIL
 SHALL HAVE PREVIOUS EXPERIENCE IN MARKETING CRAFT BEVERAGES, EVENT PLAN-
 NING  AND  BRAND MANAGEMENT AND WILL BE APPOINTED BY THE BOARD OF DIREC-
 TORS, DECIDED BY A MAJORITY VOTE. THE EXECUTIVE DIRECTOR WILL  SERVE  AS
 AN "AT WILL" EMPLOYEE AT THE DISCRETION OF THE BOARD OF DIRECTORS.
   (F)  IF  ANY  VACANCY  OTHER  THAN BY EXPIRATION OF TERM OCCURS ON THE
 BOARD AMONGST THOSE FIRST APPOINTED SUCH  VACANCY  SHALL  BE  FILLED  BY
 APPOINTMENT FOR THE UNEXPIRED TERM BY THE APPOINTING AUTHORITY INITIALLY
 APPOINTING SUCH MEMBER. UPON EXPIRATION OF THE INITIAL TERMS, SUCCESSORS
 SHALL  BE ELECTED BY THE REMAINING MEMBERS OF THE BOARD FOR A THREE YEAR
 TERM; SUCH DIRECTORS SHALL  HAVE  THE  QUALIFICATIONS  REQUIRED  OF  THE
 ORIGINAL DIRECTORS.
 MEMBERS  SHALL  CONTINUE  AS  SUCH UNTIL THEIR SUCCESSORS HAVE BEEN DULY
 ELECTED.
   (G) MEMBERS OF THE BOARD OF  DIRECTORS  SHALL  SERVE  WITHOUT  COMPEN-
 SATION,  BUT SHALL BE REIMBURSED FOR ACTUAL EXPENSES REASONABLY INCURRED
 IN THE PERFORMANCE OF THEIR DUTIES.
   (H) THE BOARD SHALL MEET FOUR TIMES ANNUALLY AT THE CALL OF THE CHAIR-
 MAN OR IN HIS OR HER ABSENCE THE VICE CHAIRMAN OR  ON  PETITION  OF  ANY
 THREE  MEMBERS.    A MAJORITY OF THE MEMBERS OF THE BOARD THEN IN OFFICE

 S. 4772                             3
 
 SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS. THE BOARD
 IS ENCOURAGED TO CONDUCT ITS MEETINGS IN A MANNER WHICH WILL ENSURE  THE
 ACTIVE  PARTICIPATION  OF  ANY  PERSON  HAVING  AN INTEREST IN THE CRAFT
 BEVERAGE INDUSTRY.
   (I) THE NEW YORK CRAFT BEVERAGE COUNCIL IS CHARGED WITH CREATING BRAND
 RECOGNITION  FOR  FINE NEW YORK WINES, SPIRITS AND CRAFT BREWS. IN DOING
 SO THEY SHALL WORK TO MARKET NEW YORK STATE LABELED CRAFT BEVERAGES BOTH
 WITHIN AND OUTSIDE OF NEW YORK STATE WITH THE GOAL OF PROMOTING NEW YORK
 CRAFT BEVERAGES.
   (J) THE NEW YORK CRAFT BEVERAGE COUNCIL SHALL, BY ONE  YEAR  FOLLOWING
 THE  EFFECTIVE  DATE OF THIS ARTICLE, SUBMIT A PRELIMINARY REPORT TO THE
 GOVERNOR AND  THE  LEGISLATURE  WITH  AN  ASSESSMENT  OF  MARKETING  AND
 PROMOTION STRATEGIES TO IMPLEMENT THIS ARTICLE.
   2.  (A)  (I)  REGIONAL  ADVISORY  BOARDS  SHALL  BE ESTABLISHED, WHOSE
 MEMBERS SHALL WORK WITH THE NEW YORK CRAFT BEVERAGE COUNCIL. THERE SHALL
 BE FIVE REGIONAL MEMBERS OF THE ADVISORY BOARD FOR  EACH  REGION  ESTAB-
 LISHED  PURSUANT  TO  THIS SECTION. FOR EACH REGION, ONE REGIONAL MEMBER
 SHALL BE APPOINTED BY  THE  GOVERNOR,  TWO  REGIONAL  MEMBERS  SHALL  BE
 APPOINTED  BY  THE  TEMPORARY  PRESIDENT OF THE SENATE, AND TWO REGIONAL
 MEMBERS SHALL BE APPOINTED BY THE  SPEAKER  OF  THE  ASSEMBLY.  REGIONAL
 ADVISORY  BOARD  MEMBERS  SHALL  HAVE THE QUALIFICATIONS REQUIRED OF THE
 BOARD OF DIRECTORS.
   (II) REGIONAL MEMBERS SHALL NOT BE CONSIDERED TO  BE  MEMBERS  OF  THE
 COUNCIL  FOR PURPOSES OF PARTICIPATION IN COUNCIL MEETINGS, EXCEPT WHERE
 ITEMS RELATING SPECIFICALLY TO THAT MEMBER'S REGION ARE ON THE AGENDA OF
 A COUNCIL MEETING.
   (B) FOR THE PURPOSES OF THIS ARTICLE, THERE SHALL BE TEN REGIONS:
   (I) WESTERN NEW YORK, CONSISTING OF ALLEGANY, CATTARAUGUS, CHAUTAUQUA,
 ERIE AND NIAGARA COUNTIES;
   (II) FINGER LAKES, CONSISTING OF GENESEE, LIVINGSTON, MONROE, ONTARIO,
 ORLEANS, SENECA, WAYNE, WYOMING AND YATES COUNTIES;
   (III) SOUTHERN TIER, CONSISTING OF BROOME,  CHEMUNG,  CHENANGO,  DELA-
 WARE, SCHUYLER, STEUBEN , TIOGA AND TOMPKINS COUNTIES;
   (IV)  CENTRAL NEW YORK, CONSISTING OF CAYUGA, CORTLAND, MADISON, ONON-
 DAGA AND OSWEGO COUNTIES;
   (V) MOHAWK VALLEY, CONSISTING OF FULTON, HERKIMER, MONTGOMERY, ONEIDA,
 OTSEGO AND SCHOHARIE COUNTIES;
   (VI) NORTH COUNTRY, CONSISTING OF CLINTON, ESSEX, FRANKLIN,  HAMILTON,
 JEFFERSON, LEWIS AND ST. LAWRENCE COUNTIES;
   (VII)  CAPITAL REGION, CONSISTING OF ALBANY, COLUMBIA, GREENE, SARATO-
 GA, SCHENECTADY, RENSSELAER, WARREN AND WASHINGTON COUNTIES;
   (VIII) MID-HUDSON, CONSISTING OF DUTCHESS, ORANGE,  PUTNAM,  ROCKLAND,
 SULLIVAN, ULSTER AND WESTCHESTER COUNTIES;
   (IX) NEW YORK CITY, CONSISTING OF BRONX, KINGS, NEW YORK, RICHMOND AND
 QUEENS COUNTIES;
   (X) LONG ISLAND, CONSISTING OF NASSAU AND SUFFOLK COUNTIES.
   (C)  REGIONAL ADVISORY BOARD MEMBERS SHALL SERVE WITHOUT COMPENSATION,
 AND SHALL HAVE THEIR PRINCIPAL RESIDENCE WITHIN  THE  REGION  FOR  WHICH
 THEY  ARE  APPOINTED.  SUCH  REGIONAL ADVISORY BOARD MEMBERS MAY SOLICIT
 INPUT FROM STAKEHOLDER INTERESTS WITHIN THEIR REGION, INCLUDING BUT  NOT
 LIMITED  TO  LOCAL  GOVERNMENTS,  COMMUNITY  ORGANIZATIONS,  CHAMBERS OF
 COMMERCE, BEVERAGE DISTRIBUTORS, WINERIES, DISTILLERIES, MICROBREWERIES,
 RESTAURANTS, AND CONSUMERS AND SHALL TRANSMIT TO THE  COUNCIL  A  REPORT
 CONTAINING  ANY  RECOMMENDATIONS  SPECIFIC  TO  THEIR REGION ONE HUNDRED
 EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S4772A (ACTIVE) - Details

See Assembly Version of this Bill:: A128
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Economic Development Law
Laws Affected:: Add Art 5-F §§181-f - 181-i, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7544
2015-2016: S4118, A2305
2019-2020: A130
2021-2022: A1910

2017-S4772A (ACTIVE) - Summary

2017-S4772A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4772A

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the economic development law, in relation to establish-
ing the New York craft beverage council

 
PURPOSE OR GENERAL IDEA OF BILL:

To create and implement a New York Beverage Council within the Depart-
ment of Economic Development to promote New York as a premiere producer
of high quality wines, spirits, ciders, and craft brews and to enhance
brand recognition for New York craft beverages within and outside of NY
State for the purpose of increasing sales and production of NY wines,
spirits, ciders, and craft brews and increased tax revenue for the
people of New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 181-f of the Economic Development Law creates a NY

Craft Beverage Council Program. § 181-g sets the definitions for this
section. § 181-h of the Economic Development Law provides general powers
and duties of the commissioner. § 181-i creates a NY Craft Beverage
Council consisting of a 9-member board of directors, including five
members to be appointed by the governor, two members to be appointed by
the temporary president of the senate and two members to be appointed by
the speaker of the assembly. The board shall consist of representatives
from a winery, a cidery, a distillery, a microbrewery, a liquor store, a
beer distributor, a farm distillery, a brew pub, a restaurant licensed
to sell New York craft beverages, and a promoter of commercial products.
The Chair of the Urban Development Corporation will serve as Chair of
the Council, with an executive director to be appointed by the board of
directors. The board of directors will elect their successors following
the completion of their term. The board will meet four times annually at
the call of their chairman or in his absence the vice chairman or on
petition of any three members. The New York Craft Beverage Council is
charged with creating brand recognition for fine New York wines, spir-
its, ciders, and craft brews.

Regional advisory boards will be established for the purposes of collab-
orating with the New York craft beverage council and regional stakehold-
ers. There will be five regional advisory board members for each of the
ten regions of the state.

Section 2 sets the effective date.

 
JUSTIFICATION:

New York State is one of the largest producers of craft beverages in the
United States but falls far short of other states in supporting this
important industry. The industry today is strong in the tourism areas,
but is in need of stronger consumer awareness and demand for the high
quality products being produced across the state. In an effort to create
an opportunity for the State to generate sales tax revenue along with
increasing the number of new jobs within the craft beverage indus- try,
and to promote the sale and enjoyment of New York craft beverages, this
bill would create the New York Craft Beverage Council. The Council would
promote New York craft beverages in concert with the tourism industry,
wineries, cideries, distilleries, breweries, retailers and restaurants
within and outside of NY State. A marketing campaign to be undertaken
will educate New Yorkers and other consumers as to the quality and bene-
fits of New York's craft beverages. Specific plans will be developed by
the Council and progress reported to the State on an annual basis
with.key performance indicators and metrics to measure the success of
the efforts.

 
LEGISLATIVE HISTORY:

2017: S.4772 Referred to Commerce, Economic Development and Small Busi-
ness
2016: S.6611 Referred to Commerce, Economic Development and Small Busi-
ness
2015: S.4118 Committed to Rules
2013, 2014: S.5300/A.7544 Referred to Commerce, Economic Development &
Small Business

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S4772A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4772--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2017
                                ___________
 
 Introduced  by  Sens.  HELMING,  AKSHAR,  VALESKY  -- (at request of the
   Legislative Commission on Rural Resources) -- read twice  and  ordered
   printed,  and  when  printed  to  be  committed  to  the  Committee on
   Commerce,  Economic  Development  and  Small  Business  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the economic development law, in relation to establish-
   ing the New York craft beverage council
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  economic  development law is amended by adding a new
 article 5-F to read as follows:
                                ARTICLE 5-F
                  NEW YORK CRAFT BEVERAGE COUNCIL PROGRAM
 SECTION 181-F. SHORT TITLE.
         181-G. DEFINITIONS.
         181-H. GENERAL POWERS AND DUTIES OF THE COMMISSIONER.
         181-I. NEW YORK CRAFT BEVERAGE COUNCIL.
   § 181-F. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
 THE "NEW YORK CRAFT BEVERAGE COUNCIL PROGRAM".
   §  181-G.  DEFINITIONS.  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS FOR THE PURPOSES OF THIS SECTION:
   1. "WINERY" SHALL MEAN A BUSINESS THAT PRODUCES WINE.
   2. "DISTILLERY" SHALL MEAN A BUSINESS THAT PRODUCES SPIRITS.
   3. "MICROBREWERY" SHALL MEAN A BUSINESS THAT PRODUCES CRAFT BREWS.
   4. "CIDERY" SHALL MEAN A BUSINESS THAT PRODUCES CIDER.
   5. "BEER DISTRIBUTOR" SHALL MEAN A BUSINESS THAT SELLS CRAFT BREWS  TO
 THE PUBLIC AND DELIVERS CRAFT BREWS TO RETAILERS.
   6.  "BREW  PUB"  SHALL MEAN A PUB OR RESTAURANT THAT BREWS BEER ON THE
 PREMISES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01582-03-7

 S. 4772--A                          2
 
   7. "CIDER" SHALL MEAN THE PARTIALLY OR FULLY FERMENTED JUICE OF FRESH,
 WHOLE APPLES OR OTHER POME FRUITS, CONTAINING MORE THAN THREE  AND  TWO-
 TENTHS  PER CENTUM BUT NOT MORE THAN EIGHT AND ONE-HALF PER CENTUM ALCO-
 HOL BY VOLUME.
   8. "FARM DISTILLERY" SHALL MEAN A DISTILLERY WITH A CLASS D LICENSE.
   §  181-H.  GENERAL  POWERS AND DUTIES OF THE COMMISSIONER. THE COMMIS-
 SIONER SHALL DEVELOP AND IMPLEMENT A NEW YORK  CRAFT  BEVERAGE  PROGRAM.
 THE  NEW  YORK CRAFT BEVERAGE COUNCIL SHALL DEVELOP A MARKETING STRATEGY
 PURSUANT TO THIS PROGRAM THAT SHALL  PROMOTE  NEW  YORK  AS  A  PREMIERE
 PRODUCER OF HIGH QUALITY WINES, SPIRITS, CIDERS AND CRAFT BREWS.
   §  181-I. NEW YORK CRAFT BEVERAGE COUNCIL. 1. (A) THE COMMISSIONER, IN
 ACCORDANCE WITH THIS PROGRAM, SHALL CAUSE TO BE  DEVELOPED  A  NEW  YORK
 CRAFT BEVERAGE COUNCIL TO BE TASKED WITH BRANDING, MARKETING AND PROMOT-
 ING FINE NEW YORK STATE WINES, SPIRITS, CIDERS AND CRAFT BEVERAGES.  THE
 NEW  YORK  CRAFT  BEVERAGE  COUNCIL  SHALL BE MANAGED BY AND ITS POWERS,
 FUNCTIONS AND DUTIES SHALL BE EXERCISED THROUGH A BOARD OF DIRECTORS.
   (B) THE INITIAL BOARD OF DIRECTORS SHALL CONSIST OF TEN  MEMBERS:  SIX
 OF  WHICH  SHALL  BE  APPOINTED  BY  THE GOVERNOR; TWO OF WHICH SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;  AND  TWO  OF  WHICH
 SHALL  BE  APPOINTED BY THE SPEAKER OF THE ASSEMBLY. OF THE TEN MEMBERS,
 ONE SHALL BE AN OFFICER OR OWNER OF A WINERY, ONE SHALL BE AN OFFICER OR
 OWNER OF A DISTILLERY, ONE SHALL BE AN OFFICER OR OWNER OF A  MICROBREW-
 ERY, ONE SHALL BE AN OFFICER OR OWNER OF A LIQUOR STORE, ONE SHALL BE AN
 OFFICER OR OWNER OF A BEER DISTRIBUTOR, ONE SHALL BE AN OFFICER OR OWNER
 OF  A CIDERY, ONE SHALL BE AN OFFICER OR OWNER OF A FARM DISTILLERY, ONE
 SHALL BE AN OFFICER OR OWNER OF A BREW PUB, ONE SHALL BE  THE  OWNER  OR
 OFFICER  OF  A RESTAURANT LICENSED TO SELL FINE NEW YORK WINES, SPIRITS,
 CIDERS AND CRAFT BREWS, AND ONE SHALL BE  A  PERSON  FAMILIAR  WITH  THE
 ADVERTISING,  PROMOTION AND MARKETING OF COMMERCIAL PRODUCTS. THE DIREC-
 TORS SO APPOINTED SHALL SERVE A TERM OF THREE YEARS, EXCEPT THAT, OF THE
 DIRECTORS SO APPOINTED BY  THE  GOVERNOR,  TEMPORARY  PRESIDENT  OF  THE
 SENATE  AND  SPEAKER  OF THE ASSEMBLY, THE OWNER OR OFFICER OF A DISTIL-
 LERY, THE OWNER OR OFFICER OF A BEER DISTRIBUTOR AND THE OWNER OR  OFFI-
 CER  OF A RESTAURANT SHALL SERVE FOR ONE YEAR, THE OWNER OR OFFICER OF A
 BREWERY, THE OWNER OR OFFICER OF A LIQUOR STORE AND THE OWNER OR OFFICER
 OF A BREW PUB SHALL SERVE FOR TWO YEARS, AND THE OWNER OR OFFICER  OF  A
 WINERY, THE OWNER OR OFFICER OF A CIDERY, THE OWNER OR OFFICER OF A FARM
 DISTILLERY  AND  THE  PERSON  FAMILIAR  WITH  ADVERTISING, PROMOTION AND
 MARKETING OF COMMERCIAL PRODUCTS SHALL SERVE FOR THREE YEARS.
   (C) THE CHAIR OF THE URBAN  DEVELOPMENT  CORPORATION  SHALL  SERVE  AS
 CHAIR OF THE COUNCIL.
   (D)  MEMBERSHIP  WILL  BE  DEFINED AS MEMBERS IN GOOD STANDING PER THE
 BYLAWS OF THE NEW YORK CRAFT BEVERAGE COUNCIL. EACH MEMBER WILL CONTRIB-
 UTE ANNUAL DUES TO THE COUNCIL TO BE DETERMINED BY THE BOARD  OF  DIREC-
 TORS.
   (E)  THE  EXECUTIVE  DIRECTOR  OF  THE NEW YORK CRAFT BEVERAGE COUNCIL
 SHALL HAVE PREVIOUS EXPERIENCE IN MARKETING CRAFT BEVERAGES, EVENT PLAN-
 NING AND BRAND MANAGEMENT AND WILL BE APPOINTED BY THE BOARD  OF  DIREC-
 TORS,  DECIDED  BY A MAJORITY VOTE. THE EXECUTIVE DIRECTOR WILL SERVE AS
 AN "AT WILL" EMPLOYEE AT THE DISCRETION OF THE BOARD OF DIRECTORS.
   (F) IF ANY VACANCY OTHER THAN BY EXPIRATION  OF  TERM  OCCURS  ON  THE
 BOARD  AMONGST  THOSE  FIRST  APPOINTED  SUCH VACANCY SHALL BE FILLED BY
 APPOINTMENT FOR THE UNEXPIRED TERM BY THE APPOINTING AUTHORITY INITIALLY
 APPOINTING SUCH MEMBER. UPON EXPIRATION OF THE INITIAL TERMS, SUCCESSORS
 SHALL BE ELECTED BY THE REMAINING MEMBERS OF THE BOARD FOR A THREE  YEAR

 S. 4772--A                          3
 
 TERM;  SUCH  DIRECTORS  SHALL  HAVE  THE  QUALIFICATIONS REQUIRED OF THE
 ORIGINAL DIRECTORS.
 MEMBERS  SHALL  CONTINUE  AS  SUCH UNTIL THEIR SUCCESSORS HAVE BEEN DULY
 ELECTED.
   (G) MEMBERS OF THE BOARD OF  DIRECTORS  SHALL  SERVE  WITHOUT  COMPEN-
 SATION,  BUT SHALL BE REIMBURSED FOR ACTUAL EXPENSES REASONABLY INCURRED
 IN THE PERFORMANCE OF THEIR DUTIES.
   (H) THE BOARD SHALL MEET FOUR TIMES ANNUALLY AT THE CALL OF THE CHAIR-
 MAN OR IN HIS OR HER ABSENCE THE VICE CHAIRMAN OR  ON  PETITION  OF  ANY
 THREE  MEMBERS.    A MAJORITY OF THE MEMBERS OF THE BOARD THEN IN OFFICE
 SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS. THE BOARD
 IS ENCOURAGED TO CONDUCT ITS MEETINGS IN A MANNER WHICH WILL ENSURE  THE
 ACTIVE  PARTICIPATION  OF  ANY  PERSON  HAVING  AN INTEREST IN THE CRAFT
 BEVERAGE INDUSTRY.
   (I) THE NEW YORK CRAFT BEVERAGE COUNCIL IS CHARGED WITH CREATING BRAND
 RECOGNITION FOR FINE NEW YORK WINES, SPIRITS, CIDERS AND CRAFT BREWS. IN
 DOING SO THEY SHALL WORK TO MARKET NEW YORK STATE LABELED CRAFT BEVERAG-
 ES BOTH WITHIN AND OUTSIDE OF NEW YORK STATE WITH THE GOAL OF  PROMOTING
 NEW YORK CRAFT BEVERAGES.
   (J)  THE  NEW YORK CRAFT BEVERAGE COUNCIL SHALL, BY ONE YEAR FOLLOWING
 THE EFFECTIVE DATE OF THIS ARTICLE, SUBMIT A PRELIMINARY REPORT  TO  THE
 GOVERNOR  AND  THE  LEGISLATURE  WITH  AN  ASSESSMENT  OF  MARKETING AND
 PROMOTION STRATEGIES TO IMPLEMENT THIS ARTICLE.
   2. (A) (I)  REGIONAL  ADVISORY  BOARDS  SHALL  BE  ESTABLISHED,  WHOSE
 MEMBERS SHALL WORK WITH THE NEW YORK CRAFT BEVERAGE COUNCIL. THERE SHALL
 BE  FIVE  REGIONAL  MEMBERS OF THE ADVISORY BOARD FOR EACH REGION ESTAB-
 LISHED PURSUANT TO THIS SECTION. FOR EACH REGION,  ONE  REGIONAL  MEMBER
 SHALL  BE  APPOINTED  BY  THE  GOVERNOR,  TWO  REGIONAL MEMBERS SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE,  AND  TWO  REGIONAL
 MEMBERS  SHALL  BE  APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY. REGIONAL
 ADVISORY BOARD MEMBERS SHALL HAVE THE  QUALIFICATIONS  REQUIRED  OF  THE
 BOARD OF DIRECTORS.
   (II)  REGIONAL  MEMBERS  SHALL  NOT BE CONSIDERED TO BE MEMBERS OF THE
 COUNCIL FOR PURPOSES OF PARTICIPATION IN COUNCIL MEETINGS, EXCEPT  WHERE
 ITEMS RELATING SPECIFICALLY TO THAT MEMBER'S REGION ARE ON THE AGENDA OF
 A COUNCIL MEETING.
   (B) FOR THE PURPOSES OF THIS ARTICLE, THERE SHALL BE TEN REGIONS:
   (I) WESTERN NEW YORK, CONSISTING OF ALLEGANY, CATTARAUGUS, CHAUTAUQUA,
 ERIE AND NIAGARA COUNTIES;
   (II) FINGER LAKES, CONSISTING OF GENESEE, LIVINGSTON, MONROE, ONTARIO,
 ORLEANS, SENECA, WAYNE, WYOMING AND YATES COUNTIES;
   (III)  SOUTHERN  TIER,  CONSISTING OF BROOME, CHEMUNG, CHENANGO, DELA-
 WARE, SCHUYLER, STEUBEN , TIOGA AND TOMPKINS COUNTIES;
   (IV) CENTRAL NEW YORK, CONSISTING OF CAYUGA, CORTLAND, MADISON,  ONON-
 DAGA AND OSWEGO COUNTIES;
   (V) MOHAWK VALLEY, CONSISTING OF FULTON, HERKIMER, MONTGOMERY, ONEIDA,
 OTSEGO AND SCHOHARIE COUNTIES;
   (VI)  NORTH COUNTRY, CONSISTING OF CLINTON, ESSEX, FRANKLIN, HAMILTON,
 JEFFERSON, LEWIS AND ST. LAWRENCE COUNTIES;
   (VII) CAPITAL REGION, CONSISTING OF ALBANY, COLUMBIA, GREENE,  SARATO-
 GA, SCHENECTADY, RENSSELAER, WARREN AND WASHINGTON COUNTIES;
   (VIII)  MID-HUDSON,  CONSISTING OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND,
 SULLIVAN, ULSTER AND WESTCHESTER COUNTIES;
   (IX) NEW YORK CITY, CONSISTING OF BRONX, KINGS, NEW YORK, RICHMOND AND
 QUEENS COUNTIES;
   (X) LONG ISLAND, CONSISTING OF NASSAU AND SUFFOLK COUNTIES.

 S. 4772--A                          4
 
   (C) REGIONAL ADVISORY BOARD MEMBERS SHALL SERVE WITHOUT  COMPENSATION,
 AND  SHALL  HAVE  THEIR  PRINCIPAL RESIDENCE WITHIN THE REGION FOR WHICH
 THEY ARE APPOINTED. SUCH REGIONAL ADVISORY  BOARD  MEMBERS  MAY  SOLICIT
 INPUT  FROM STAKEHOLDER INTERESTS WITHIN THEIR REGION, INCLUDING BUT NOT
 LIMITED  TO  LOCAL  GOVERNMENTS,  COMMUNITY  ORGANIZATIONS,  CHAMBERS OF
 COMMERCE,  BEVERAGE  DISTRIBUTORS,  WINERIES,  DISTILLERIES,   CIDERIES,
 MICROBREWERIES,  RESTAURANTS,  AND  CONSUMERS  AND SHALL TRANSMIT TO THE
 COUNCIL A REPORT CONTAINING ANY RECOMMENDATIONS SPECIFIC TO THEIR REGION
 ONE HUNDRED EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4772A

Share this bill

Sponsored By

Pamela Helming

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

Bill Amendments

co-Sponsors

Fred Akshar

David J. Valesky

2017-S4772 - Details

2017-S4772 - Summary

2017-S4772 - Sponsor Memo

2017-S4772 - Bill Text download pdf

co-Sponsors

Fred Akshar

David J. Valesky

2017-S4772A (ACTIVE) - Details

2017-S4772A (ACTIVE) - Summary

2017-S4772A (ACTIVE) - Sponsor Memo

2017-S4772A (ACTIVE) - Bill Text download pdf

Comments