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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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2017-A10128 - Details

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

2017-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.

2017-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

2017-A10128A (ACTIVE) - Details

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

2017-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.

2017-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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