NY State Senate Bill S5372

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to economic development delivered to assembly passed senate ordered to third reading cal.1936 referred to rules
Jan 03, 2018	referred to commerce, economic development and small business returned to senate died in assembly
May 22, 2017	referred to economic development delivered to assembly passed senate
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.814
Mar 23, 2017	referred to commerce, economic development and small business

Votes

view votes

Jun 19, 2018 - floor Vote

S5372

floor

Aye

Nay

Absent

Excused

Abstained

Jun 19, 2018 - Rules committee Vote

S5372

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 22, 2017 - floor Vote

S5372

floor

Aye

Nay

Absent

Excused

Abstained

May 9, 2017 - Commerce, Economic Development and Small Business committee Vote

S5372

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: May 9, 2017

aye (9)

aye wr (2)

Co-Sponsors

S5372 (ACTIVE) - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §61, ABC L

S5372 (ACTIVE) - Summary

Relates to distiller licenses.

S5372 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5372

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
expanding privileges of distiller licenses

 PURPOSE :

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to
grant farm distillers on-premises sales privileges currently held by
farm breweries, wineries, and cideries, and extend on and
off-premiises sales privileges currently held by wineries and
breweries to micro-distillers.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend: (1) ABCL § 61(2-c)(a)(v) to allow
farm distillers to sell New York State labelled beer for on-premises
consumption; (2) ABCL § 61(2-c)(a)(vi) to allow farm distillers to
sell New York State labelled cider for on-premises consumption; and
(3) ABCL § 61(2-c)(a)(vii) to allow farm distillers to sell New York
State labelled wine for on-premises consumption.

Section 2 of the bill would amend ABCL § 61(1-a) by renumbering the
existing subdivision as paragraph (a) and adding new paragraphs (b),

(c), and (d) to allow for on or off-premises consumption of liquor
manufactured by micro-distillers or any New York State labelled
liquor, or the ability to obtain a full on-premises retail liquor
license on the micro-distillery premises.

Section 3 of the bill would make the amendment effective immediately.

 EXISTING LAW :

ABCL § 61(2-c) provides only for the off-premises consumption of: New
York State labelled beer manufactured by a licensed brewer or farm
brewer (subparagraph (v)); New York State labelled cider manufactured
by a licensed brewer, farm brewer, farm winery, cider producer or farm
cidery (subparagraph (vi)); and New York State labelled wine produced
by a licensed winery or farm winery (subparagraph (vii)).  However, it
does not but not for on-premises consumption at the farm distillery.
Additionally, current ABCL § 61(1-a) does not allow for sales for on
or off-premises consumption at a licensed micro-distiller.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

This amendment would grant to farm distillers the same on-premises
sales privileges currently held by farm breweries, wineries, and
cideries, and extend the same on and off-premises sales privileges
currently held by wineries and breweries to micro-distillers. These
initiatives were proposed by Governor Cuomo's ABCL Working Group in
early 2016.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S5372 (ACTIVE) - Bill Text download pdf


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

                                  5372

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 23, 2017
                               ___________

Introduced  by  Sens.  VALESKY, BOYLE -- (at request of the State Liquor
  Authority) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Commerce, Economic Development and Small
  Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  expanding privileges of distiller licenses

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

  Section  1.  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  ON  OR
off the premises New York state labelled beer manufactured by a licensed
brewer or licensed farm brewery;
  (vi)  To  conduct tastings of and sell at retail for consumption ON OR
off the premises  New  York  state  labelled  cider  manufactured  by  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 ON  OR
off the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery.
  §  2.  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

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

                                                           LBD10046-01-7

S. 5372                             2

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. 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 DISTILLER LICENSED UNDER PARAGRAPH (A) OF THIS  SUBDIVISION  MAY
AT  THE  LICENSED  PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR
CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED  BY
THE  LICENSEE  OR ANY NEW YORK STATE LABELLED LIQUOR. PROVIDED, HOWEVER,
FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE  LICENSEE  SHALL
REGULARLY  KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOM-
ERS 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 INTENDED 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: CHEES-
ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND  CRACKERS.  ALL
OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL LIQUOR AT
RETAIL  FOR  CONSUMPTION  ON  OR  OFF THE PREMISES SHALL APPLY SO FAR AS
APPLICABLE TO SUCH LICENSEE.
  (C) A DISTILLER LICENSED UNDER PARAGRAPH (A) OF THIS  SUBDIVISION  MAY
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, LIQUOR MANU-
FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELLED LIQUOR. 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.
  (D)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, DISTILLERS LICENSED
UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY APPLY TO THE LIQUOR AUTHORI-
TY FOR A LICENSE TO SELL LIQUOR, WINE OR BEER AT RETAIL FOR  CONSUMPTION
ON  THE  PREMISES.  ALL  OF  THE  PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL BEER, WINE, OR LIQUOR AT RETAIL FOR CONSUMPTION ON  THE
PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION.
  §  3. This act shall take effect immediately.

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The New York State Senate

senate Bill S5372

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 19, 2018 - floor Vote

Floor Vote: Jun 19, 2018

Jun 19, 2018 - Rules committee Vote

Rules Committee Vote: Jun 19, 2018

May 22, 2017 - floor Vote

Floor Vote: May 22, 2017

May 9, 2017 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 9, 2017

Co-Sponsors

S5372 (ACTIVE) - Details

S5372 (ACTIVE) - Summary

S5372 (ACTIVE) - Sponsor Memo

S5372 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5372

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Sponsored By

David J. Valesky

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 19, 2018 - floor Vote

Floor Vote: Jun 19, 2018

Jun 19, 2018 - Rules committee Vote

Rules Committee Vote: Jun 19, 2018

May 22, 2017 - floor Vote

Floor Vote: May 22, 2017

May 9, 2017 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 9, 2017

Co-Sponsors

Phil Boyle

Timothy M. Kennedy

S5372 (ACTIVE) - Details

S5372 (ACTIVE) - Summary

S5372 (ACTIVE) - Sponsor Memo

S5372 (ACTIVE) - Bill Text download pdf

Comments