S T A T E O F N E W Y O R K
________________________________________________________________________
1948
2019-2020 Regular Sessions
I N A S S E M B L Y
January 18, 2019
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Economic Development
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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00902-01-9
A. 1948 2
(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
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.