NY State Senate Bill 2017-S5853A

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 20, 2018	committed to rules
Feb 27, 2018	amended on third reading 5853a
Feb 13, 2018	advanced to third reading
Feb 12, 2018	2nd report cal.
Feb 06, 2018	1st report cal.433
Jan 03, 2018	referred to investigations and government operations
May 03, 2017	referred to investigations and government operations

Votes

- Feb 6, 2018 - Investigations And Government Operations Committee Vote
  S5853A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Feb 6, 2018
      
      aye (8)
      
      Benjamin
      
      Carlucci
      
      Golden
      
      Hoylman-Sigal
      
      Kavanagh
      
      Lanza
      
      Murphy
      
      O'Mara
      
      aye wr (1)
      
      Phillips

Bill Amendments

Original

A (Active)

2017-S5853 - Details

Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 61, 76-a, 58-c & 51-a, ABC L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1185
2021-2022: S1533
2023-2024: S4837

2017-S5853 - Summary

Relates to expanding the privileges of farm breweries, cideries, wineries and distilleries to allow for the sales of "farm brewed" alcoholic beverages for off-premises consumption.

2017-S5853 - Sponsor Memo

                                 BILL NUMBER:  S5853

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to more closely align the privileges of farm distilleries
with other privileges enjoyed by farmers

 PURPOSE :

To allow farm breweries, cideries, distilleries, and wineries to cross
promote each others' products and to share a more similar set of
privileges under the law.

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision five of section 25 of section 3 of the
alcohol and beverage control law.

Section 2: Amends subparagraphs (v), (vi), and (vii) of paragraph (a)
of subdivision 2-c of section 61 of the alcoholic beverage control
law.

Section 3: Amends subparagraph (e), of subdivision 2-c of section 61
of the alcoholic beverage control law.

Section 4: Amends subparagraphs (e) and (f), of subdivision 2 of
section 76-a of the alcoholic beverage control law.

Section 5: Amends subparagraphs (e)-(h) of subdivision 6 of section
76-a of the alcoholic beverage control law.

Section 6: Amends subparagraphs (f), (h), (i), and (j) of subdivision
2 of section 58-c of the alcoholic beverage control law.

Section 7: Amends subparagraphs (e)-(1) of subdivision 2 of section
51-a of the alcoholic beverage control law.

Section 8: States that the act shall take effect ninety days after
this bill shall have become law.

 JUSTIFICATION :

New York State has seen dramatic job growth at small farm breweries,
wineries and distilleries over the past seven years thanks to
legislative efforts to encourage investment in "buy local" economic
development efforts. A major reason for the success of some of the
country's best brewery, distillery, and winery trails has been the
result of close collaboration and cross promotion by regional farms,
wineries, breweries, and distilleries. These trails celebrate the
unique cultural heritage, natural beauty, and agricultural products of
their host region by linking all stages of production into one visitor
experience. Such collaboration allows locals and tourists alike to
experience all the facets of their favorite beverage's creation and
more.

However, in New York State the ability for regional producers to
collaborate is limited. The laws that govern the production and retail
licenses extended to farm breweries, wineries, cideries, and
distilleries does not give each type of producer the same ability to
sell or otherwise cross promote other New York State labelled or farm
produced products. Their ability to cross promote different types of
products is also limited to varying degrees depending on the type of
licensee. By more closely aligning the privileges extended to each
license type with each other, this bill will help New York State's
regional and craft alcoholic beverage producers to cross promote and
collaborate in new ways that were previously only available to out of
state competitors. Allowing individual producers to find new ways to
work together to promote and sell each others' products will help each
to grow their business and will encourage tourism statewide.  Also,
because this bill targets farm licensees, any growth in their
businesses will also grow the market for those New York State farm
products that are needed for the production of alcoholic beverages.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect within 90 days.

2017-S5853 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5853
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic beverage control law, in relation to  more
   closely  align  the  privileges of farm distilleries with other privi-
   leges enjoyed by farmers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  25  of  section  3 of the alcoholic beverage
 control law is amended to read as follows:
   25. "Retail sale" or "sale at retail" means a sale to a consumer or to
 any person for any purpose other than for resale. SUCH  SALE  MAY  OCCUR
 DURING A TASTING OR DURING ANY OTHER ACTIVITIES WHERE PERMITTED BY LAW.
   § 2. Subparagraphs (v), (vi) and (vii) of paragraph (a) of subdivision
 2-c  of  section 61 of the alcoholic beverage control law, as amended by
 chapter 384 of the laws of 2013, are amended to read as follows:
   (v) To conduct tastings of and sell at retail for consumption off  the
 premises  New  York  state  labelled  beer  manufactured by [a licensed]
 EITHER A brewer LICENSED IN NEW YORK STATE or  [licensed  farm]  A  FARM
 brewery LICENSED IN NEW YORK STATE;
   (vi) To conduct tastings of and sell at retail for consumption off the
 premises  New  York  state  labelled  cider  manufactured  by ANY OF THE
 FOLLOWING SO LONG AS IT IS a licensed  brewer,  licensed  farm  brewery,
 licensed  farm  winery, licensed cider producer or licensed farm cidery;
 and
   (vii) To conduct tastings of and sell at retail  for  consumption  off
 the  premises  New York state labelled wine manufactured by [a] EITHER A
 licensed winery LICENSED IN NEW YORK STATE or  A  FARM  WINERY  licensed
 [farm winery] IN NEW YORK STATE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11320-01-7

 S. 5853                             2
 
   §  3.  Paragraph (e) of subdivision 2-c of section 61 of the alcoholic
 beverage control law, as amended by chapter 431 of the laws of 2014,  is
 amended to read as follows:
   (e)  Notwithstanding  any  other provision of law to the contrary, the
 holder of a farm distillery license may (i) sell at retail for  consump-
 tion  on the licensed premises[,]: any liquor manufactured by the licen-
 see or any New York state labeled liquor, OR ANY ALCOHOLIC BEVERAGE  FOR
 CONSUMPTION  ON  THE  LICENSED  PREMISES  PURSUANT  TO THIS SUBDIVISION.
 Provided, however, 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,
 processed,  pre-cooked or frozen; and/or food items intended to [compli-
 ment] COMPLEMENT the tasting of alcoholic beverages, which shall mean  a
 diversified  selection  of  food that is ordinarily consumed without the
 use of tableware and can be  conveniently  consumed  while  standing  or
 walking, including but not limited to: cheese, fruits, vegetables, choc-
 olates,  breads,  mustards  and  crackers. All of the provisions of this
 chapter relative to licenses to sell liquor at retail for consumption on
 the premises shall apply so far as applicable to such licensee; and
   (ii) operate a restaurant, hotel,  catering  establishment,  or  other
 food  and drinking establishment in or adjacent to the licensed premises
 and sell at such place, IN ADDITION TO ANY FOOD ITEMS OR OTHER PURCHASED
 ITEMS, at retail for consumption on the premises, ONLY  liquor  manufac-
 tured  by the licensee and any New York state labeled liquor. All of the
 provisions of this chapter relative to licenses to sell liquor at retail
 for consumption on [the] SUCH premises shall apply so far as  applicable
 to such licensee. Notwithstanding any other provision of law, the licen-
 see  may apply to the authority for a license under this chapter to sell
 other alcoholic beverages at retail for consumption on the  premises  at
 such  establishment.  THE PRIVILEGES CONTAINED IN THIS SUBDIVISION SHALL
 NOT EXTEND TO THE PREMISES OF A RESTAURANT, HOTEL,  OR  CATERING  ESTAB-
 LISHMENT.
   §  4.  Paragraphs  (e) and (f) of subdivision 2 of section 76-a of the
 alcoholic beverage control law, paragraph (e) as amended by chapter  328
 of  the  laws of 2016 and paragraph (f) as amended by chapter 431 of the
 laws of 2014, are amended to read as follows:
   (e) sell at the licensed premises AT RETAIL FOR CONSUMPTION ON OR  OFF
 THE  LICENSED  PREMISES:  cider and wine manufactured by the licensee or
 any other licensed farm winery[, and beer and  spirits  manufactured  by
 any  licensed farm brewery or farm distillery, at retail for consumption
 on or off the licensed premises]; NEW YORK STATE LABELED CIDER  MANUFAC-
 TURED  BY  ANY  OF  THE  FOLLOWING SO LONG AS IT IS LICENSED IN NEW YORK
 STATE BY A BREWER, FARM  BREWER,  WINERY,  CIDER  PRODUCER,  OR  A  FARM
 CIDERY;  NEW  YORK  STATE  LABELED  BEER MANUFACTURED BY EITHER A BREWER
 LICENSED IN NEW YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK STATE;
 AND LIQUOR MANUFACTURED BY EITHER A  DISTILLERY  LICENSED  IN  NEW  YORK
 STATE OR A FARM DISTILLERY LICENSED IN NEW YORK STATE;
   (f) operate a restaurant, hotel, catering establishment, or other food
 and  drinking  establishment in or adjacent to the licensed premises and
 sell at such place, IN ADDITION TO ANY FOOD  ITEMS  OR  OTHER  PERMITTED
 ITEMS,  at  retail for consumption on the premises, wine, cider and wine
 products manufactured by the licensee and any  New  York  state  labeled
 wine,  New York state labeled cider or New York state labeled wine prod-
 uct. All of the provisions of this chapter relative to licenses to  sell
 wine  at  retail  for  consumption on the premises shall apply so far as

 S. 5853                             3
 
 applicable to such licensee. Notwithstanding any other provision of law,
 the licensed winery may apply to the authority for a license under arti-
 cle four of this chapter to sell other alcoholic beverages at retail for
 consumption  on  the  premises  at  such establishment.   THE PRIVILEGES
 CONTAINED IN PARAGRAPHS (E), (F), (G) AND (H) OF SUBDIVISION SIX OF THIS
 SECTION SHALL NOT EXTEND TO THE  PREMISES  OF  A  RESTAURANT,  HOTEL  OR
 CATERING ESTABLISHMENT.
   § 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a
 of the alcoholic beverage control law, paragraphs (e) and (f) as amended
 by  chapter  571  of the laws of 2008, paragraph (g) as added by chapter
 108 of the laws of 2012 and paragraph (h) as amended by chapter  384  of
 the laws of 2013, are added to read as follows:
   (e)  Sell  for  consumption  ON  OR off the LICENSED premises New York
 state labelled liquors manufactured by the holder of a class  A-1,  B-1,
 or C distiller's license.
   (f)  Conduct  tastings  ON  THE  LICENSED  PREMISES  of New York state
 labelled liquors manufactured by the holder of a class A-1,  B-1,  or  C
 distiller's  license OR BY A FARM DISTILLERY LICENSED IN NEW YORK STATE.
 All liquor tastings  conducted  pursuant  to  this  paragraph  shall  be
 conducted  in  the same manner as tastings of brandy pursuant to section
 seventy-six-e of this article.
   (g) Conduct tastings of and sell at retail for consumption ON  OR  off
 the  LICENSED  premises  New  York  state  labelled beer manufactured by
 EITHER a [licensed] brewer LICENSED IN NEW YORK STATE or A farm  brewery
 LICENSED IN NEW YORK STATE.
   (h)  Conduct  tastings of and sell at retail for consumption ON OR off
 the LICENSED premises New York state labelled cider manufactured by  [a]
 ANY  OF  THE  FOLLOWING  SO  LONG AS IT IS licensed IN NEW YORK STATE: A
 brewer LICENSED IN NEW YORK STATE, [licensed] A farm brewery LICENSED IN
 NEW YORK STATE, A  WINERY,  [licensed]  farm  winery,  [licensed]  cider
 producer or [licensed] farm cidery.
   § 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c
 of the alcoholic beverage control law, paragraph (f) as amended by chap-
 ter  431  of the laws of 2014 and paragraphs (h), (i) and (j) as amended
 by chapter 327 of the laws of 2016, are amended to read as follows:
   (f) (i) IF at the licensed premises, [conduct] THE  LICENSEE  CONDUCTS
 tastings of, [and sell] OR SELLS at retail for consumption on or off the
 licensed  premises,  any  cider  manufactured by the licensee or any New
 York state labeled cider, OR ANY ALCOHOLIC BEVERAGE FOR  CONSUMPTION  ON
 THE  LICENSED  PREMISES  PURSUANT  TO PARAGRAPH (G), (H), (I), OR (J) OF
 THIS SUBDIVISION THE LICENSEE SHALL REGULARLY KEEP  FOOD  AVAILABLE  FOR
 SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES.
 Provided, [however,] FURTHER 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:  (A)  sandwiches,  soups  or other such foods, whether fresh,
 processed, pre-cooked or frozen;  and/or  (B)  food  items  intended  to
 complement the tasting of alcoholic beverages, which shall mean a diver-
 sified  selection of food that is ordinarily consumed without the use of
 tableware and can be conveniently consumed while  standing  or  walking,
 including  but  not limited to: cheeses, fruits, vegetables, chocolates,
 breads, mustards and crackers. All of the  provisions  of  this  chapter
 relative to licensees selling cider at retail shall apply; and
   (ii)  operate  a  restaurant,  hotel, catering establishment, or other
 food and drinking establishment in or adjacent to the licensed  premises

 S. 5853                             4
 
 and sell at such place, IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
 ITEMS,  at  retail  for consumption on the premises, ONLY cider manufac-
 tured by the licensee and any New York state labeled cider. All  of  the
 provisions  of  this  chapter  relative to licensees to selling cider at
 retail shall apply. Notwithstanding any  other  provision  of  law,  the
 licensed farm cidery may apply to the authority for a license under this
 chapter  to  sell other alcoholic beverages at retail for consumption on
 the premises at such establishment,  BUT  THE  PRIVILEGES  CONTAINED  IN
 PARAGRAPH  (G), (H), (I), OR (J) OF THIS SUBDIVISION SHALL NOT EXTEND TO
 THE PREMISES OF THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
   (h) conduct tastings of and sell at retail for consumption on  or  off
 the  premises  New  York state labeled beer manufactured by [a licensed]
 EITHER A brewery LICENSED IN NEW YORK STATE or [licensed] A farm brewery
 LICENSED IN NEW YORK STATE;
   (i) conduct tastings of and sell at retail for consumption on  or  off
 the  LICENSED  premises  New  York  state  labelled wine manufactured by
 EITHER a [licensed] A winery LICENSED IN NEW YORK STATE or [licensed]  A
 farm winery LICENSED IN NEW YORK STATE;
   (j)  conduct  tastings of and sell at retail for consumption on or off
 the premises New York state labelled liquor manufactured by [a licensed]
 EITHER A distiller LICENSED IN NEW  YORK  STATE  or  [licensed]  A  farm
 distiller LICENSED IN NEW YORK STATE; provided, however, that no consum-
 er  may  be  provided,  directly or indirectly: (i) with more than three
 samples of liquor for tasting in one calendar day; or (ii) with a sample
 of liquor for tasting equal to more than one-quarter fluid ounce; and
   § 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of  subdivi-
 sion  2 of section 51-a of the alcoholic beverage control law, paragraph
 (e) as amended by chapter 328 of the laws of 2016, paragraphs (f),  (h),
 (i),  (k) and (l) as added by chapter 108 of the laws of 2012, paragraph
 (g) as amended by chapter 431 of the laws of 2014 and paragraph  (j)  as
 added  and  paragraphs  (k)  and (l) as relettered by chapter 384 of the
 laws of 2013, are amended to read as follows:
   (e) [sell at the licensed premises beer and cider manufactured by  the
 licensee  or any other licensed farm brewery, and wine and spirits manu-
 factured by any licensed farm winery or farm distillery, at  retail  for
 consumption  on  or  off  the  licensed premises] (I) SELL AT RETAIL FOR
 CONSUMPTION ON OR OFF THE LICENSED PREMISES  BEER  MANUFACTURED  BY  THE
 LICENSEE, OR NEW YORK STATE LABELLED BEER MANUFACTURED BY EITHER A BREW-
 ER  LICENSED  IN  NEW  YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK
 STATE;
   (II) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON  OR
 OFF  THE  LICENSED  PREMISES  CIDER MANUFACTURED BY THE LICENSEE, OR NEW
 YORK STATE LABELLED CIDER MANUFACTURED BY EITHER A  CIDERY  LICENSED  IN
 NEW YORK STATE OR A FARM CIDERY LICENSED IN NEW YORK STATE;
   (III) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF  THE  LICENSED PREMISES NEW YORK STATE LABELLED WINE MANUFACTURED BY
 EITHER A WINERY LICENSED IN NEW YORK STATE OR A FARM WINERY LICENSED  IN
 NEW YORK STATE; AND
   (IV)  TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF THE LICENSED PREMISES NEW YORK STATE LABELLED  SPIRITS  MANUFACTURED
 BY  EITHER  A DISTILLERY LICENSED IN NEW YORK STATE OR A FARM DISTILLERY
 LICENSED IN NEW YORK STATE; PROVIDED, HOWEVER, THAT NO CONSUMER  MAY  BE
 PROVIDED,  DIRECTLY  OR  INDIRECTLY: (I) WITH MORE THAN THREE SAMPLES OF
 LIQUOR FOR TASTING IN ONE CALENDAR DAY; OR (II) WITH A SAMPLE OF  LIQUOR
 FOR TASTING EQUAL TO MORE THAN ONE-QUARTER FLUID OUNCE;

 S. 5853                             5
 
   (f) [conduct tastings at the licensed premises of beer and cider manu-
 factured by the licensee or any other licensed farm brewery;
   (g) operate a restaurant, hotel, catering establishment, or other food
 and  drinking  establishment in or adjacent to the licensed premises and
 sell at such place, at retail for consumption on the premises, beer  and
 cider  manufactured  by the licensee and any New York state labeled beer
 or New York state labeled cider. All of the provisions of  this  chapter
 relative  to  licenses to sell beer at retail for consumption on and off
 the premises  shall  apply  so  far  as  applicable  to  such  licensee.
 Notwithstanding  any  other  provision of law, the licensed farm brewery
 may apply to the authority for a license  under  this  chapter  to  sell
 other  alcoholic  beverages at retail for consumption on the premises at
 such establishment] AT THE LICENSED PREMISES, CONDUCT  TASTINGS  OF  ANY
 BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED BEER, OR
 ANY  ALCOHOLIC  BEVERAGE  FOR CONSUMPTION LICENSED PURSUANT TO PARAGRAPH
 (E) OF THIS SUBDIVISION. PROVIDED HOWEVER, THE LICENSEE SHALL  REGULARLY
 KEEP  FOOD  AVAILABLE  FOR  SALE  OR SERVICE TO ITS RETAIL CUSTOMERS FOR
 CONSUMPTION ON THE PREMISES.  PROVIDED, HOWEVER, 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:  (A) SANDWICHES, SOUPS, OR OTHER SUCH
 FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR  (B)  FOOD
 ITEMS TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN
 A  DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE
 USE OF TABLEWARE AND CAN BE  CONVENIENTLY  CONSUMED  WHILE  STANDING  OR
 WALKING,  INCLUDING  BUT  NOT  LIMITED  TO: CHEESES, FRUITS, VEGETABLES,
 CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS
 CHAPTER RELATIVE TO LICENSEES SELLING CIDER AT RETAIL SHALL  APPLY;  AND
 (II)  OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD
 AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED  PREMISES  AND
 SELL  AT  SUCH  PLACE,  IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
 ITEMS, AT RETAIL FOR CONSUMPTION ON THE PREMISES,  ONLY  CIDER  MANUFAC-
 TURED  BY  THE LICENSEE AND ANY NEW YORK STATE LABELED CIDER. ALL OF THE
 PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES  TO  SELLING  CIDER  AT
 RETAIL  SHALL  APPLY.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
 LICENSED FARM BREWERY MAY APPLY TO THE AUTHORITY  FOR  A  LICENSE  UNDER
 THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
 ON  THE  PREMISES AT SUCH ESTABLISHMENT, BUT THE PRIVILEGES CONTAINED IN
 PARAGRAPH (E) OF THIS SUBDIVISION SHALL NOT EXTEND TO  THE  PREMISES  OF
 THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
   [(h)]  (G)  sell  beer  and  cider manufactured by the licensee or any
 other [licensed] farm brewery LICENSED IN NEW YORK STATE at  retail  for
 consumption  off  the  premises, at the state fair, at recognized county
 fairs and at farmers markets operated on a not-for-profit basis; AND
   [(i) conduct tastings of and sell at retail for  consumption  off  the
 premises  New York state labelled wine manufactured by a licensed winery
 or licensed farm winery;
   (j) conduct tastings of and sell at retail  for  consumption  off  the
 premises  New York state labelled cider manufactured by a licensed cider
 producer or licensed farm cidery;
   (k) conduct tastings of and sell at retail  for  consumption  off  the
 premises  New  York  state  labelled  liquor  manufactured by a licensed
 distiller or licensed farm distiller; provided, however, that no consum-
 er may be provided, directly or indirectly: (i)  with  more  than  three

 S. 5853                             6

 samples of liquor for tasting in one calendar day; or (ii) with a sample
 of liquor for tasting equal to more than one-quarter fluid ounce; and
   (l)] (H) engage in any other business on the licensed premises subject
 to such rules and regulations as the authority may prescribe. Such rules
 and regulations shall determine which businesses will be compatible with
 the policy and purposes of this chapter and shall consider the effect of
 particular  businesses  on the community and area in the vicinity of the
 farm brewery licensee.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  of  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

2017-S5853A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 61, 76-a, 58-c & 51-a, ABC L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1185
2021-2022: S1533
2023-2024: S4837

2017-S5853A (ACTIVE) - Summary

Relates to expanding the privileges of farm breweries, cideries, wineries and distilleries to allow for the sales of "farm brewed" alcoholic beverages for off-premises consumption.

2017-S5853A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5853A

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to more
closely align the privileges of farm distilleries with other privileges
enjoyed by farmers

 
PURPOSE:

To allow farm breweries, cideries, distilleries, and wineries to cross
promote each others' products and to share a more similar set of privi-
leges under the law.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision five of section 25 of section 3 of the
alcohol and beverage control law.

Section 2: Amends subparagraphs (v), (vi), and (vii) of paragraph (a) of

subdivision 2-c of section 61 of the alcoholic beverage control law.

Section 3: Amends subparagraph (e), of subdivision 2-c of section 61 of
the alcoholic beverage control law.

Section 4: Amends subparagraphs (e) and (f), of subdivision 2 of section
76-a of the alcoholic beverage control law.

Section 5: Amends subparagraphs (e)-(h) of subdivision 6 of section 76-a
of the alcoholic beverage control law.

Section 6: Amends subparagraphs (t), (h), (i), and (j) of subdivision 2
of section 58-c of the alcoholic beverage control law.

Section 7: Amends subparagraphs (e)-(1) of subdivision 2 of section 51-a
of the alcoholic beverage control law.

Section 8: States that the act shall take effect ninety days after this
bill shall have become law.

 
JUSTIFICATION:

New York State has seen dramatic job growth at small farm breweries,
wineries and distilleries over the past seven years thanks to legisla-
tive efforts to encourage investment in "buy local" economic development
efforts. A major reason for the success of some of the country's best
brewery, distillery, and winery trails has been the result of close
collaboration and cross promotion by regional farms, wineries, brewer-
ies, and distilleries. These trails celebrate the unique cultural herit-
age, natural beauty, and agricultural products of their host region by
linking all stages of production into one visitor experience. Such
collaboration allows locals and tourists alike to experience all the
facets of their favorite beverage's creation and more.

However, in New York State the ability for regional producers to collab-
orate is limited. The laws that govern the production and retail
licenses extended to farm breweries, wineries, cideries, and distiller-
ies does not give each type of producer the same ability to sell or
otherwise cross promote other New York State labelled or farm produced
products. Their ability to cross promote different types of products is
also limited to varying degrees depending on the type of licensee. By
more closely aligning the privileges extended to each license type with
each other, this bill will help New York State's regional and craft
alcoholic beverage producers to cross promote and collaborate in new
ways that were previously only available to out of state competitors.
Allowing individual producers to find new ways to work together to
promote and sell each others' products will help each to grow their
business and will encourage tourism statewide.  Also, because this bill
targets farm licensees, any growth in their businesses will also grow
the market for those New York State farm products that are needed for
the production of alcoholic beverages.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

2017-S5853A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5853--A
     Cal. No. 433
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- recommitted to the Committee on Investigations  and
   Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the alcoholic beverage control law, in relation to  more
   closely  align  the  privileges of farm distilleries with other privi-
   leges enjoyed by farmers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  25  of  section  3 of the alcoholic beverage
 control law is amended to read as follows:
   25. "Retail sale" or "sale at retail" means a sale to a consumer or to
 any person for any purpose other than for resale. SUCH  SALE  MAY  OCCUR
 DURING A TASTING OR DURING ANY OTHER ACTIVITIES WHERE PERMITTED BY LAW.
   §  2.  Subparagraphs (v) and (vii) of paragraph (a) of subdivision 2-c
 of section 61 of the alcoholic beverage control law, as amended by chap-
 ter 103 of the laws of 2017, are amended to read as follows:
   (v) To conduct tastings of and sell at retail for  consumption  on  or
 off  the  premises  New  York  state  labelled  beer  manufactured by [a
 licensed brewer] EITHER A BREWER LICENSED IN NEW YORK STATE or [licensed
 farm brewery] A FARM BREWERY LICENSED IN NEW YORK STATE;
   (vii) To conduct tastings of and sell at retail for consumption on  or
 off  the  premises New York state labelled wine manufactured by EITHER a
 licensed winery LICENSED IN NEW YORK STATE or  A  licensed  farm  winery
 LICENSED IN NEW YORK STATE.
   §  3.  Paragraph (e) of subdivision 2-c of section 61 of the alcoholic
 beverage control law, as amended by chapter 431 of the laws of 2014,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11320-03-8

 S. 5853--A                          2
 
   (e)  Notwithstanding  any  other provision of law to the contrary, the
 holder of a farm distillery license may (i) sell at retail for  consump-
 tion  on the licensed premises[,]: any liquor manufactured by the licen-
 see or any New York state labeled liquor, OR ANY ALCOHOLIC BEVERAGE  FOR
 CONSUMPTION  ON  THE  LICENSED  PREMISES  PURSUANT  TO THIS SUBDIVISION.
 Provided, however, 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,
 processed,  pre-cooked or frozen; and/or food items intended to [compli-
 ment] COMPLEMENT the tasting of alcoholic beverages, which shall mean  a
 diversified  selection  of  food that is ordinarily consumed without the
 use of tableware and can be  conveniently  consumed  while  standing  or
 walking, including but not limited to: cheese, fruits, vegetables, choc-
 olates,  breads,  mustards  and  crackers. All of the provisions of this
 chapter relative to licenses to sell liquor at retail for consumption on
 the premises shall apply so far as applicable to such licensee; and
   (ii) operate a restaurant, hotel,  catering  establishment,  or  other
 food  and drinking establishment in or adjacent to the licensed premises
 and sell at such place, IN ADDITION TO ANY FOOD ITEMS OR OTHER PURCHASED
 ITEMS, at retail for consumption on the premises, ONLY  liquor  manufac-
 tured  by the licensee and any New York state labeled liquor. All of the
 provisions of this chapter relative to licenses to sell liquor at retail
 for consumption on [the] SUCH premises shall apply so far as  applicable
 to such licensee. Notwithstanding any other provision of law, the licen-
 see  may apply to the authority for a license under this chapter to sell
 other alcoholic beverages at retail for consumption on the  premises  at
 such  establishment.  THE PRIVILEGES CONTAINED IN THIS SUBDIVISION SHALL
 NOT EXTEND TO THE PREMISES OF A RESTAURANT, HOTEL OR CATERING ESTABLISH-
 MENT.
   § 4. Paragraphs (e) and (f) of subdivision 2 of section  76-a  of  the
 alcoholic  beverage control law, paragraph (e) as amended by chapter 328
 of the laws of 2016 and paragraph (f) as amended by chapter 431  of  the
 laws of 2014, are amended to read as follows:
   (e)  sell at the licensed premises AT RETAIL FOR CONSUMPTION ON OR OFF
 THE LICENSED PREMISES: cider and wine manufactured by  the  licensee  or
 any  other  licensed  farm winery[, and beer and spirits manufactured by
 any licensed farm brewery or farm distillery, at retail for  consumption
 on  or off the licensed premises]; NEW YORK STATE LABELED CIDER MANUFAC-
 TURED BY ANY OF THE FOLLOWING SO LONG AS IT  IS  LICENSED  IN  NEW  YORK
 STATE  BY  A  BREWER,  FARM  BREWER,  WINERY,  CIDER PRODUCER, OR A FARM
 CIDERY; NEW YORK STATE LABELED BEER  MANUFACTURED  BY  EITHER  A  BREWER
 LICENSED IN NEW YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK STATE;
 AND  NEW  YORK  STATE LABELED LIQUOR MANUFACTURED BY EITHER A DISTILLERY
 LICENSED IN NEW YORK STATE OR A FARM DISTILLERY  LICENSED  IN  NEW  YORK
 STATE;
   (f) operate a restaurant, hotel, catering establishment, or other food
 and  drinking  establishment in or adjacent to the licensed premises and
 sell at such place, IN ADDITION TO ANY FOOD  ITEMS  OR  OTHER  PERMITTED
 ITEMS,  at  retail for consumption on the premises, wine, cider and wine
 products manufactured by the licensee and any  New  York  state  labeled
 wine,  New York state labeled cider or New York state labeled wine prod-
 uct. All of the provisions of this chapter relative to licenses to  sell
 wine  at  retail  for  consumption on the premises shall apply so far as
 applicable to such licensee. Notwithstanding any other provision of law,
 the licensed winery may apply to the authority for a license under arti-

 S. 5853--A                          3
 
 cle four of this chapter to sell other alcoholic beverages at retail for
 consumption on the premises  at  such  establishment.    THE  PRIVILEGES
 CONTAINED IN PARAGRAPHS (E), (F), (G) AND (H) OF SUBDIVISION SIX OF THIS
 SECTION  SHALL  NOT  EXTEND  TO  THE  PREMISES OF A RESTAURANT, HOTEL OR
 CATERING ESTABLISHMENT.
   § 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a
 of the alcoholic beverage control law, paragraphs (e) and (f) as amended
 by chapter 571 of the laws of 2008, paragraph (g) as  added  by  chapter
 108  of  the laws of 2012 and paragraph (h) as amended by chapter 384 of
 the laws of 2013, are amended to read as follows:
   (e) Sell for consumption ON OR off  the  LICENSED  premises  New  York
 state  labelled  liquors manufactured by the holder of a class A-1, B-1,
 or C distiller's license.
   (f) Conduct tastings ON  THE  LICENSED  PREMISES  of  New  York  state
 labelled  liquors  manufactured  by the holder of a class A-1, B-1, or C
 distiller's license OR BY A FARM DISTILLERY LICENSED IN NEW YORK  STATE.
 All  liquor  tastings  conducted  pursuant  to  this  paragraph shall be
 conducted in the same manner as tastings of brandy pursuant  to  section
 seventy-six-e of this article.
   (g)  Conduct  tastings of and sell at retail for consumption ON OR off
 the LICENSED premises New  York  state  labelled  beer  manufactured  by
 EITHER  a [licensed] brewer LICENSED IN NEW YORK STATE or A farm brewery
 LICENSED IN NEW YORK STATE.
   (h) Conduct tastings of and sell at retail for consumption ON  OR  off
 the  LICENSED premises New York state labelled cider manufactured by [a]
 ANY OF THE FOLLOWING SO LONG AS IT IS licensed  IN  NEW  YORK  STATE:  A
 brewer LICENSED IN NEW YORK STATE, [licensed] A farm brewery LICENSED IN
 NEW  YORK  STATE,  A  WINERY,  [licensed]  farm winery, [licensed] cider
 producer or [licensed] farm cidery.
   § 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c
 of the alcoholic beverage control law, paragraph (f) as amended by chap-
 ter 431 of the laws of 2014 and paragraphs (h), (i) and (j)  as  amended
 by chapter 327 of the laws of 2016, are amended to read as follows:
   (f)  (i)  IF at the licensed premises, [conduct] THE LICENSEE CONDUCTS
 tastings of, [and sell] OR SELLS at retail for consumption on or off the
 licensed premises, any cider manufactured by the  licensee  or  any  New
 York  state  labeled cider, OR ANY ALCOHOLIC BEVERAGE FOR CONSUMPTION ON
 THE LICENSED PREMISES PURSUANT TO PARAGRAPH (G), (H),  (I),  OR  (J)  OF
 THIS  SUBDIVISION  THE  LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR
 SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES.
 Provided, [however,] FURTHER 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: (A) sandwiches, soups or other  such  foods,  whether  fresh,
 processed,  pre-cooked  or  frozen;  and/or  (B)  food items intended to
 complement the tasting of alcoholic beverages, which shall mean a diver-
 sified selection of food that is ordinarily consumed without the use  of
 tableware  and  can  be conveniently consumed while standing or walking,
 including but not limited to: cheeses, fruits,  vegetables,  chocolates,
 breads,  mustards  and  crackers.  All of the provisions of this chapter
 relative to licensees selling cider at retail shall apply; and
   (ii) operate a restaurant, hotel,  catering  establishment,  or  other
 food  and drinking establishment in or adjacent to the licensed premises
 and sell at such place, IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
 ITEMS, at retail for consumption on the premises,  ONLY  cider  manufac-

 S. 5853--A                          4
 
 tured  by  the licensee and any New York state labeled cider. All of the
 provisions of this chapter relative to licensees  to  selling  cider  at
 retail  shall  apply.  Notwithstanding  any  other provision of law, the
 licensed farm cidery may apply to the authority for a license under this
 chapter  to  sell other alcoholic beverages at retail for consumption on
 the premises at such establishment,  BUT  THE  PRIVILEGES  CONTAINED  IN
 PARAGRAPH  (G), (H), (I), OR (J) OF THIS SUBDIVISION SHALL NOT EXTEND TO
 THE PREMISES OF THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
   (h) conduct tastings of and sell at retail for consumption on  or  off
 the  premises  New  York state labeled beer manufactured by [a licensed]
 EITHER A brewery LICENSED IN NEW YORK STATE or [licensed] A farm brewery
 LICENSED IN NEW YORK STATE;
   (i) conduct tastings of and sell at retail for consumption on  or  off
 the  LICENSED  premises  New  York  state  labelled wine manufactured by
 EITHER a [licensed] winery LICENSED IN NEW YORK STATE  or  [licensed]  A
 farm winery LICENSED IN NEW YORK STATE;
   (j)  conduct  tastings of and sell at retail for consumption on or off
 the premises New York state labelled liquor manufactured by [a licensed]
 EITHER A distiller LICENSED IN NEW  YORK  STATE  or  [licensed]  A  farm
 distiller LICENSED IN NEW YORK STATE; provided, however, that no consum-
 er  may  be  provided,  directly or indirectly: (i) with more than three
 samples of liquor for tasting in one calendar day; or (ii) with a sample
 of liquor for tasting equal to more than one-quarter fluid ounce; and
   § 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of  subdivi-
 sion  2 of section 51-a of the alcoholic beverage control law, paragraph
 (e) as amended by chapter 328 of the laws of 2016, paragraphs (f),  (h),
 (i),  (k) and (l) as added by chapter 108 of the laws of 2012, paragraph
 (g) as amended by chapter 431 of the laws of 2014 and paragraph  (j)  as
 added  and  paragraphs  (k)  and (l) as relettered by chapter 384 of the
 laws of 2013, are amended to read as follows:
   (e) [sell at the licensed premises beer and cider manufactured by  the
 licensee  or any other licensed farm brewery, and wine and spirits manu-
 factured by any licensed farm winery or farm distillery, at  retail  for
 consumption  on  or  off  the  licensed premises] (I) SELL AT RETAIL FOR
 CONSUMPTION ON OR OFF THE LICENSED PREMISES  BEER  MANUFACTURED  BY  THE
 LICENSEE, OR NEW YORK STATE LABELLED BEER MANUFACTURED BY EITHER A BREW-
 ER  LICENSED  IN  NEW  YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK
 STATE;
   (II) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON  OR
 OFF  THE  LICENSED  PREMISES  CIDER MANUFACTURED BY THE LICENSEE, OR NEW
 YORK STATE LABELLED CIDER MANUFACTURED BY EITHER A  CIDERY  LICENSED  IN
 NEW YORK STATE OR A FARM CIDERY LICENSED IN NEW YORK STATE;
   (III) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF  THE  LICENSED PREMISES NEW YORK STATE LABELLED WINE MANUFACTURED BY
 EITHER A WINERY LICENSED IN NEW YORK STATE OR A FARM WINERY LICENSED  IN
 NEW YORK STATE; AND
   (IV)  TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF THE LICENSED PREMISES NEW YORK STATE LABELLED  SPIRITS  MANUFACTURED
 BY  EITHER  A DISTILLERY LICENSED IN NEW YORK STATE OR A FARM DISTILLERY
 LICENSED IN NEW YORK STATE; PROVIDED, HOWEVER, THAT NO CONSUMER  MAY  BE
 PROVIDED,  DIRECTLY  OR  INDIRECTLY: (A) WITH MORE THAN THREE SAMPLES OF
 LIQUOR FOR TASTING IN ONE CALENDAR DAY; OR (B) WITH A SAMPLE  OF  LIQUOR
 FOR TASTING EQUAL TO MORE THAN ONE-QUARTER FLUID OUNCE;
   (f) [conduct tastings at the licensed premises of beer and cider manu-
 factured by the licensee or any other licensed farm brewery;

 S. 5853--A                          5

   (g) operate a restaurant, hotel, catering establishment, or other food
 and  drinking  establishment in or adjacent to the licensed premises and
 sell at such place, at retail for consumption on the premises, beer  and
 cider  manufactured  by the licensee and any New York state labeled beer
 or  New  York state labeled cider. All of the provisions of this chapter
 relative to licenses to sell beer at retail for consumption on  and  off
 the  premises  shall  apply  so  far  as  applicable  to  such licensee.
 Notwithstanding any other provision of law, the  licensed  farm  brewery
 may  apply  to  the  authority  for a license under this chapter to sell
 other alcoholic beverages at retail for consumption on the  premises  at
 such  establishment]  AT  THE LICENSED PREMISES, CONDUCT TASTINGS OF ANY
 BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED BEER, OR
 ANY ALCOHOLIC BEVERAGE FOR CONSUMPTION LICENSED  PURSUANT  TO  PARAGRAPH
 (E)  OF THIS SUBDIVISION. PROVIDED HOWEVER, THE LICENSEE SHALL REGULARLY
 KEEP FOOD AVAILABLE FOR SALE OR SERVICE  TO  ITS  RETAIL  CUSTOMERS  FOR
 CONSUMPTION  ON THE PREMISES.  PROVIDED, HOWEVER, 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: (I) SANDWICHES,  SOUPS,  OR  OTHER  SUCH
 FOODS,  WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD
 ITEMS TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN
 A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT  THE
 USE  OF  TABLEWARE  AND  CAN  BE CONVENIENTLY CONSUMED WHILE STANDING OR
 WALKING, INCLUDING BUT NOT  LIMITED  TO:  CHEESES,  FRUITS,  VEGETABLES,
 CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS
 CHAPTER  RELATIVE  TO LICENSEES SELLING CIDER AT RETAIL SHALL APPLY; AND
 (III) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD
 AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED  PREMISES  AND
 SELL  AT  SUCH  PLACE,  IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
 ITEMS, AT RETAIL FOR CONSUMPTION ON THE PREMISES,  ONLY  CIDER  MANUFAC-
 TURED  BY  THE LICENSEE AND ANY NEW YORK STATE LABELED CIDER. ALL OF THE
 PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES  TO  SELLING  CIDER  AT
 RETAIL  SHALL  APPLY.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
 LICENSED FARM BREWERY MAY APPLY TO THE AUTHORITY  FOR  A  LICENSE  UNDER
 THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
 ON  THE  PREMISES AT SUCH ESTABLISHMENT, BUT THE PRIVILEGES CONTAINED IN
 PARAGRAPH (E) OF THIS SUBDIVISION SHALL NOT EXTEND TO  THE  PREMISES  OF
 THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
   [(h)]  (G)  sell  beer  and  cider manufactured by the licensee or any
 other [licensed] farm brewery LICENSED IN NEW YORK STATE at  retail  for
 consumption  off  the  premises, at the state fair, at recognized county
 fairs and at farmers markets operated on a not-for-profit basis; AND
   [(i) conduct tastings of and sell at retail for  consumption  off  the
 premises  New York state labelled wine manufactured by a licensed winery
 or licensed farm winery;
   (j) conduct tastings of and sell at retail  for  consumption  off  the
 premises  New York state labelled cider manufactured by a licensed cider
 producer or licensed farm cidery;
   (k) conduct tastings of and sell at retail  for  consumption  off  the
 premises  New  York  state  labelled  liquor  manufactured by a licensed
 distiller or licensed farm distiller; provided, however, that no consum-
 er may be provided, directly or indirectly: (i)  with  more  than  three
 samples of liquor for tasting in one calendar day; or (ii) with a sample
 of liquor for tasting equal to more than one-quarter fluid ounce; and

 S. 5853--A                          6

   (l)] (H) engage in any other business on the licensed premises subject
 to such rules and regulations as the authority may prescribe. Such rules
 and regulations shall determine which businesses will be compatible with
 the policy and purposes of this chapter and shall consider the effect of
 particular  businesses  on the community and area in the vicinity of the
 farm brewery licensee.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

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Senate Bill S5853A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Feb 6, 2018 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Feb 6, 2018

Bill Amendments

2017-S5853 - Details

2017-S5853 - Summary

2017-S5853 - Sponsor Memo

2017-S5853 - Bill Text download pdf

2017-S5853A (ACTIVE) - Details

2017-S5853A (ACTIVE) - Summary

2017-S5853A (ACTIVE) - Sponsor Memo

2017-S5853A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5853A

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S5853 - Details

2017-S5853 - Summary

2017-S5853 - Sponsor Memo

2017-S5853 - Bill Text download pdf

2017-S5853A (ACTIVE) - Details

2017-S5853A (ACTIVE) - Summary

2017-S5853A (ACTIVE) - Sponsor Memo

2017-S5853A (ACTIVE) - Bill Text download pdf

Comments