assembly Bill A10128A

Signed By Governor
2017-2018 Legislative Session

Relates to authorizing custom liquor production for a non-licensed individual by farm distilleries

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 16, 2018 signed chap.193
Aug 13, 2018 delivered to governor
Jun 19, 2018 returned to assembly
passed senate
3rd reading cal.1951
substituted for s7793a
referred to rules
delivered to senate
passed assembly
Jun 18, 2018 ordered to third reading rules cal.247
rules report cal.247
reported
Jun 11, 2018 reported referred to rules
Jun 05, 2018 reported referred to codes
Jun 01, 2018 print number 10128a
Jun 01, 2018 amend (t) and recommit to economic development
Mar 16, 2018 referred to economic development

A10128 - Details

See Senate Version of this Bill:
S7793
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §61, ABC L

A10128 - Summary

Relates to authorizing custom liquor production for a non-licensed individual by farm distilleries; establishes conditions for such production including that such custom liquor shall not be offered for sale.

A10128 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10128

                          I N  A S S E M B L Y

                             March 16, 2018
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  establishing  a  custom distiller's endorsement for holders of class D
  distiller's licenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2-c  of section 61 of the alcoholic beverage
control law is amended by adding a new paragraph (i) to read as follows:
  (I) A CLASS D DISTILLER'S LICENSE HOLDER MAY APPLY  TO  THE  AUTHORITY
FOR  A  CUSTOM  DISTILLER'S  ENDORSEMENT  TO  CONDUCT  THOSE  ACTIVITIES
PROVIDED FOR PURSUANT TO SECTION SIXTY-ONE-C OF THIS  ARTICLE.  IF  SUCH
ENDORSEMENT  IS GRANTED, THOSE ACTIVITIES AUTHORIZED PURSUANT TO SECTION
SIXTY-ONE-C OF THIS ARTICLE SHALL BE ACTIVITIES THAT  MAY  BE  CONDUCTED
UNDER THE AUTHORITY AND POWER SPECIFIED UNDER THIS SUBDIVISION.
  §  2.  Subdivision 1 of section 61-a of the alcoholic beverage control
law, as added by chapter 297 of the laws of 2016, is amended to read  as
follows:
  1.  The authority may issue a combined craft manufacturer's license to
a person for the purposes of THIS ARTICLE AND  articles  four,  [four-a,
five] FOUR-A and six of this chapter, combining the privileges of two or
more  farm  or  micro  manufacturing  licenses  AND A CUSTOM DISTILLER'S
ENDORSEMENT for use at one premises.
  § 3. The alcoholic beverage control law is amended  by  adding  a  new
section 61-c to read as follows:
  §  61-C. CUSTOM DISTILLER'S ENDORSEMENT; ACTIVITIES PERMITTED. 1.  ANY
HOLDER OF A CLASS D DISTILLER'S LICENSE, ISSUED PURSUANT TO  SUBDIVISION
TWO-C  OF  SECTION SIXTY-ONE OF THIS ARTICLE, MAY APPLY TO THE AUTHORITY
FOR A CUSTOM DISTILLER'S ENDORSEMENT AS PROVIDED FOR IN THIS SECTION  TO
OPERATE  A  CUSTOM  DISTILLER'S FACILITY, AND MANUFACTURE LIQUORS TO THE
ORDER OF ANY PERSON UNDER THE AUTHORITY AND POWER SPECIFIED IN  SUBDIVI-
SION TWO-C OF SECTION SIXTY-ONE OF THIS ARTICLE.  SUCH APPLICATION SHALL
BE  IN  WRITING  AND VERIFIED, AND SHALL CONTAIN SUCH INFORMATION AS THE
AUTHORITY SHALL REQUIRE. THE APPLICATION SHALL BE ACCOMPANIED BY A CHECK
OR DRAFT FOR THE AMOUNT REQUIRED BY THIS SUBDIVISION FOR  SUCH  ENDORSE-
MENT.    IF  THE  AUTHORITY  GRANTS  THE  APPLICATION, IT SHALL ISSUE AN

Co-Sponsors

A10128A (ACTIVE) - Details

See Senate Version of this Bill:
S7793
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §61, ABC L

A10128A (ACTIVE) - Summary

Relates to authorizing custom liquor production for a non-licensed individual by farm distilleries; establishes conditions for such production including that such custom liquor shall not be offered for sale.

A10128A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10128--A

                          I N  A S S E M B L Y

                             March 16, 2018
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  custom liquor production for a non-licensed individual by
  farm distilleries

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  61  of  the  alcoholic beverage control law is
amended by adding a new subdivision 8 to read as follows:
  8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A  FARM
DISTILLERY  LICENSED  UNDER SUBDIVISION TWO-C OF THIS SECTION MAY ENGAGE
IN CUSTOM LIQUOR PRODUCTION FOR  A  NON-LICENSED  INDIVIDUAL  UNDER  THE
FOLLOWING CONDITIONS:
  (A)  THE  LICENSEE MAY ALLOW SUCH NON-LICENSED INDIVIDUAL TO ASSIST IN
THE PRODUCTION OF SUCH CUSTOM LIQUORS;
  (B) THE LICENSEE SHALL ONLY SELL SUCH CUSTOM LIQUOR  TO  SUCH  NON-LI-
CENSED  INDIVIDUAL FOR THAT INDIVIDUAL'S PERSONAL OR FAMILY USE, AND NOT
FOR RESALE;
  (C) THE BRAND LABEL OF SUCH CUSTOM LIQUOR SHALL CLEARLY STATE THAT THE
PRODUCT IS NOT FOR RESALE;
  (D) SUCH CUSTOM LIQUOR SHALL NOT  BE  OFFERED  FOR  SALE  PURSUANT  TO
SECTION NINETY-NINE-G OF THIS CHAPTER;
  (E)  ANY  TASTINGS  CONDUCTED  PURSUANT  TO  THIS SUBDIVISION SHALL BE
SUBJECT TO THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION TWO-C OF  THIS
SECTION;
  (F)  THE  LICENSEE  OR  AN  EMPLOYEE OR AGENT OF THE LICENSEE SHALL BE
PRESENT AT ALL TIMES WHEN THE NON-LICENSED INDIVIDUAL  IS  ASSISTING  IN
THE PRODUCTION OF THE CUSTOM LIQUOR;
  (G)  THE  LICENSEE  SHALL BE RESPONSIBLE FOR OBTAINING APPROVAL OF THE
LIQUOR'S BRAND LABEL PURSUANT TO SECTION ONE  HUNDRED  SEVEN-A  OF  THIS
CHAPTER  AND  THE  PAYMENT  OF ALL TAXES DUE BEFORE THE CUSTOM LIQUOR IS
DELIVERED TO THE NON-LICENSED INDIVIDUAL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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