S T A T E O F N E W Y O R K
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10379--A
I N A S S E M B L Y
April 18, 2018
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Economic Development -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to class
A-1 distiller's licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1-a 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:
1-a. (A) A class A-1 distiller's license shall authorize the holder
thereof to operate a distillery which has a production capacity of no
more than seventy-five thousand gallons per year for the manufacture of
liquors by distillation or redistillation at the premises specifically
designated in the license. Such a license shall also authorize the sale
in bulk by such licensee from the licensed premises of the products
manufactured under such license to any person holding a winery license,
farm winery license, distiller's class A license, a distiller's class B
license or a permittee engaged in the manufacture of products which are
unfit for beverage use. It shall also authorize the sale from the
licensed premises and from one other location in the state of New York
of liquors manufactured by such licensee to a wholesale or retail liquor
licensee or permittee in sealed containers of not more than one quart
each AND TO SELL AT RETAIL, FOR PERSONAL USE, IN SUCH SEALED CONTAINERS.
In addition, it shall authorize such licensee to sell from the licensed
premises New York state labelled liquors to licensed farm wineries, farm
breweries, farm distilleries and farm cideries in sealed containers of
not more than one quart for retail sale for off-premises consumption.
Such license shall also include the privilege to operate a rectifying
plant under the same terms and conditions as the holder of a class B-1
distiller's license without the payment of any additional fee.
(B) A LICENSED A-1 DISTILLERY MAY CONDUCT UPON THE LICENSED PREMISES,
OR AT APPROVED LOCATIONS AS PERMITTED IN SUBDIVISION SIX OF THIS
SECTION, CONSUMER TASTINGS OF LIQUOR MANUFACTURED BY THE LICENSEE AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15205-02-8
A. 10379--A 2
FROM NO MORE THAN THREE OTHER CLASS A, A-1, B, B-1, C OR D DISTILLERIES,
SUBJECT TO THE FOLLOWING LIMITATIONS:
(I) ONLY LIQUOR PRODUCED ON SITE OR MANUFACTURED PRIMARILY FROM FARM
AND FOOD PRODUCTS, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED
EIGHTY-TWO OF THE AGRICULTURE AND MARKETS LAW, SHALL BE USED IN THE
TASTINGS;
(II) AN OFFICIAL AGENT, SERVANT OR EMPLOYEE OF THE LICENSEE SHALL BE
PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE CONSUMER TAST-
ING OF LIQUOR;
(III) NO CONSUMER MAY BE PROVIDED, DIRECTLY OR INDIRECTLY: (A) 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;
(IV) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
CONSUMER TASTING OF LIQUOR AUTHORIZED BY THIS PARAGRAPH AND IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL
OBLIGATIONS LAW SHALL ACCRUE TO THE LICENSEE.
§ 2. This act shall take effect immediately.