NY State Senate Bill 2017-S5401

Senate Bill S5401

2017-2018 Legislative Session

Relates to the issuance of winery and cidery license for a certain premises in Orange County

download bill text pdf

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 13, 2018	advanced to third reading
Feb 12, 2018	2nd report cal.
Feb 06, 2018	1st report cal.410
Jan 03, 2018	referred to commerce, economic development and small business returned to senate died in assembly
Jun 13, 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.817
Mar 24, 2017	referred to commerce, economic development and small business

Votes

- Jun 13, 2017 - Floor Vote
  S5401
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Diaz
  Feb 6, 2018 - Commerce, Economic Development And Small Business Committee Vote
  S5401
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Feb 6, 2018
      
      aye (11)
      
      Bailey
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Persaud
      
      Robach
      
      Sanders Jr.
  May 9, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S5401
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 9, 2017
      
      aye (10)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Persaud
      
      Robach
      
      Sanders Jr.
      
      aye wr (1)
      
      Bailey

2017-S5401 (ACTIVE) - Details

See Assembly Version of this Bill:: A718
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§58 & 76, ABC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7902, A10176
2019-2020: A1948

2017-S5401 (ACTIVE) - Summary

Relates to the issuance of a winery and cidery license for a certain premises in Orange County in order to allow the licensee to conduct tastings of, and sell cider for consumption so long as the licensee keeps food available for sale to its customers on the premises.

2017-S5401 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5401

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
winery and cidery licenses issued for a premises in Orange County

 PURPOSE :

To amend the alcoholic beverage control law to allow for on-premises
consumption of cider.

 SUMMARY OF PROVISIONS :

Section 1 adds a new subdivision 3-b to section 58 of the alcoholic
beverage control law to allow a person holding a cider producer
license for a specific premise located in Orange County to conduct
tastings of, and sell at retail for consumption on or off the
premises, any cider produced by the licensee at any other location.
Further, this section provides that for tastings and sales for
on-premises consumption, a cider production licensee must regularly
make food available for sale or service to retail customers for
consumption on the premises.  Subdivision 3-b also lists specific
foods to be made available that will keep the licensee in compliance
with this section.

Section 2 adds a new subdivision 4-b to section 76 of the alcoholic
beverage control law to allow a person holding a winery license for a
specific premise located in Orange County to conduct tastings of, and
sell at retail for consumption on or off the premises, any wine
produced by the licensee at any other location. Further, this section
provides that for tastings and sales for on-premises consumption, a
winery licensee must regularly make food available for sale or service
to retail customers for consumption on the premises.  Subdivision 4-b
also lists specific foods to be made available that will keep the
licensee in compliance with this section.

Section 3 sets forth an immediate effective date.

 JUSTIFICATION :

The heart of the New York Hudson River Valley apple region was
selected for the establishment of a new cidery to be dedicated to
research and developing innovative cider varieties. Its focus will be
on apple varieties grown in or native to New York, and to promote the
New York hard cider industry through its visitor center and tasting
room. By experimenting with growing new apple varieties and expanding
the range of apples best suited for cider-making, the hope is that the
cider-making industry will become an even greater force in the Hudson
Valley and New York State.

It is anticipated that the cidery will be a significant draw for
visitors to the area who will learn about cider-making and the rich
history of the Hudson Valley region. On-premises consumption of the
wide-variety of hard ciders will enhance the experience of visitors,
leading to greater interest in the cider industry in New York State.

 LEGISLATIVE HISTORY :

2016: S7902-Referred to Commerce, Economic Development, and Small
Business

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5401 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5401
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   winery and cidery licenses issued for a premises in Orange County

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 58 of the alcoholic beverage control law is amended
 by adding a new subdivision 3-b to read as follows:
   3-B.  (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRA-
 RY, A PERSON HOLDING A CIDER PRODUCER LICENSE AT THE PREMISES  DESCRIBED
 IN  THIS  SUBDIVISION  MAY  CONDUCT  TASTINGS OF, AND SELL AT RETAIL FOR
 CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY CIDER PRODUCED BY  SUCH
 PERSON  AT ANY OTHER LOCATION: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF
 LAND SITUATED, LYING AND BEING IN THE  TOWN  OF  MONTGOMERY,  COUNTY  OF
 ORANGE  AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT
 A POINT AT THE APPROXIMATE CENTERLINE OF ALBANY POST ROAD, (COUNTY  ROAD
 14),  SAID  POINT BEING THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED
 PARCEL; THENCE ALONG THE DIVISION  LINE  BETWEEN  THE  HEREIN  DESCRIBED
 PARCEL  AND  THE  LANDS  NOW  OR  FORMERLY  OF CHRISTOPHER M. PISCOPO AS
 DESCRIBED IN BOOK 12496 OF DEEDS AT PAGE 354, N 52°  46'  00"  W  247.55
 FEET  TO THE NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE
 ALONG THE DIVISION LINE BETWEEN THE  HEREIN  DESCRIBED  PARCEL  AND  THE
 LANDS  NOW  OR FORMERLY OF THE ALBANY POST ORCHARDS, LLC AS DESCRIBED IN
 BOOK 11892 OF DEEDS AT PAGE 1358; S 39° 05' 00" W  465.81  FEET  TO  THE
 SOUTHWESTERLY  CORNER  OF  THE HEREIN DESCRIBED PARCEL; THENCE ALONG THE
 DIVISION LINE BETWEEN THE HEREIN DESCRIBED PARCEL AND THE LANDS  NOW  OR
 FORMERLY  OF MARIE ECKSTEIN, ANITA ECKSTEIN AND ELAINE PUTNAM, TRUSTEES,
 MARIE ECKSTEIN REVOCABLE INDENTURE OF TRUST AS DESCRIBED IN  BOOK  13291
 OF  DEEDS AT PAGE 1985, S 64° 36' 00" E 165.78 FEET TO THE SOUTHEASTERLY
 CORNER OF THE HEREIN DESCRIBED PARCEL OF LAND THE LANDS NOW OR  FORMERLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03743-01-7

 S. 5401                             2
 
 OF  FRANK  MORICCO, N40° 02' 00" E 220.05 FEET AND S54° 39' 00" E 181.95
 FEET TO A POINT IN THE  APPROXIMATE  CENTERLINE  OF  ALBANY  POST  ROAD;
 THENCE  ALONG  THE  APPROXIMATE CENTERLINE OF ALBANY POST ROAD, N13° 05'
 00" E 225.54 FEET TO THE POINT OR PLACE OF BEGINNING.
   (B)  PROVIDED,  HOWEVER,  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: SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER  FRESH,  PROC-
 ESSED,  PRE-COOKED  OR  FROZEN; AND/OR 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 TABLE-
 WARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUD-
 ING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS,
 MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO
 LICENSES TO SELL CIDER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES
 SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
   § 2. Section 76 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 4-b to read as follows:
   4-B.  (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRA-
 RY, A PERSON HOLDING A WINERY LICENSE AT THE PREMISES DESCRIBED IN  THIS
 SUBDIVISION  MAY CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION
 ON OR OFF THE LICENSED PREMISES, ANY WINE PRODUCED BY SUCH PERSON AT ANY
 OTHER LOCATION: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATED,
 LYING AND BEING IN THE TOWN OF MONTGOMERY, COUNTY OF  ORANGE  AND  BEING
 FURTHER  BOUNDED  AND  DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE
 APPROXIMATE CENTERLINE OF ALBANY POST ROAD, (COUNTY ROAD 14), SAID POINT
 BEING THE NORTHEASTERLY CORNER OF THE HEREIN  DESCRIBED  PARCEL;  THENCE
 ALONG  THE  DIVISION  LINE  BETWEEN  THE HEREIN DESCRIBED PARCEL AND THE
 LANDS NOW OR FORMERLY OF CHRISTOPHER M. PISCOPO  AS  DESCRIBED  IN  BOOK
 12496 OF DEEDS AT PAGE 354, N 52° 46' 00" W 247.55 FEET TO THE NORTHWES-
 TERLY  CORNER  OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG THE DIVISION
 LINE BETWEEN THE HEREIN DESCRIBED PARCEL AND THE LANDS NOW  OR  FORMERLY
 OF  THE ALBANY POST ORCHARDS, LLC AS DESCRIBED IN BOOK 11892 OF DEEDS AT
 PAGE 1358; S 39° 05' 00" W 465.81 FEET TO THE  SOUTHWESTERLY  CORNER  OF
 THE  HEREIN DESCRIBED PARCEL; THENCE ALONG THE DIVISION LINE BETWEEN THE
 HEREIN DESCRIBED PARCEL AND THE LANDS NOW OR FORMERLY OF MARIE ECKSTEIN,
 ANITA ECKSTEIN AND ELAINE PUTNAM,  TRUSTEES,  MARIE  ECKSTEIN  REVOCABLE
 INDENTURE  OF  TRUST AS DESCRIBED IN BOOK 13291 OF DEEDS AT PAGE 1985, S
 64° 36' 00" E 165.78 FEET TO THE  SOUTHEASTERLY  CORNER  OF  THE  HEREIN
 DESCRIBED  PARCEL  OF  LAND  THE LANDS NOW OR FORMERLY OF FRANK MORICCO,
 N40° 02' 00" E 220.05 FEET AND S54° 39' 00" E 181.95 FEET TO A POINT  IN
 THE APPROXIMATE CENTERLINE OF ALBANY POST ROAD; THENCE ALONG THE APPROX-
 IMATE  CENTERLINE OF ALBANY POST ROAD, N13° 05' 00" E 225.54 FEET TO THE
 POINT OR PLACE OF BEGINNING.
   (B) PROVIDED, HOWEVER, 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:  SANDWICHES,  SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROC-
 ESSED, PRE-COOKED OR FROZEN; AND/OR 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  TABLE-
 WARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUD-
 ING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS,
 MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO

 S. 5401                             3
 
 LICENSES  TO SELL WINE AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES
 SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
   § 3. This act shall take effect immediately.

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