S T A T E O F N E W Y O R K
________________________________________________________________________
4441
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
___________
Introduced by M. of A. KOLB, DiPIETRO -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
temporary beer and wine permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 97 of the alcoholic beverage control law, as
amended by chapter 204 of the laws of 1963, the section heading as
amended by chapter 363 of the laws of 1977, subdivisions 1 and 2 as
amended by section 19 of part Z of chapter 85 of the laws of 2002,
subdivision 3 as added by chapter 408 of the laws of 2010, subdivision 4
as added by chapter 120 of the laws of 2012, is amended to read as
follows:
§ 97. Temporary beer and wine permit. 1. [The liquor authority is
hereby authorized to issue temporary permits effective for a period not
to exceed twenty-four consecutive hours to authorize the sale of beer
and wine manufactured in New York state at outdoor or indoor gatherings,
functions, occasions or events, within the hours fixed by or pursuant to
subdivision five of section one hundred six of this chapter, during
which alcoholic beverages may lawfully be sold or served upon premises
licensed to sell alcoholic beverages at retail for on-premises consump-
tion in the community in which is located the premises in which such
gathering, function, occasion or event is held. The fee for such permit
shall be twenty-six dollars. Such permit and the exercise of the privi-
lege granted thereby shall be subject to such rules of the liquor
authority as it deems necessary.
2.] The liquor authority is hereby authorized to issue an annual
permit to brewers and beer wholesalers authorizing such licensees to
sell beer for consumption at outdoor or indoor gatherings, functions,
occasions or events, provided that such gatherings are not open to
admission to the general public nor is admission thereto made contingent
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04204-01-9
A. 4441 2
upon the payment of an admission fee, donation or contribution, and
further provided that such beer is not resold at such gatherings. Every
brewer or beer wholesaler to whom a permit shall be issued hereunder
shall require every person to whom beer shall be sold for use at such
gatherings to make, execute and file with such brewer or beer whole-
saler, upon a form to be prescribed by the liquor authority, a state-
ment, that the beer purchased by such person will not be sold or offered
for sale by such person. Such statement shall be accepted for all
purposes as the equivalent of an affidavit, and if false, shall subject
the person making and executing the same to the same penalties as if he
had been duly sworn. Such permit shall be issued in the form prescribed
by the liquor authority and shall run concurrently with the annual term
of the brewer's license or of the wholesale beer license, and the fee
for such permit shall be sixty-four dollars. Such a permit and the exer-
cise of the privileges granted thereunder shall be subject to such rules
by the liquor authority as it deems necessary. The provisions hereof
shall not apply to the sale of beer for consumption in the home.
[3.] 2. The liquor authority is hereby authorized to issue a permit
under [subdivision one of] this section to the holder of a
concessionaire's license issued by the division of the New York state
fair in the department of agriculture and markets. Such permit shall
allow for the sale and consumption of wine manufactured in New York
state, and beer upon the premises known as the New York state fair-
grounds during the annual New York state fair for the calendar year such
permit is issued, provided that such wine is sold and dispensed in
amounts of ten ounces or less. The fee for such permit shall be deter-
mined by the liquor authority.
[4.] 3. The liquor authority is hereby authorized to issue a temporary
permit effective for a period not to exceed twenty-four consecutive
hours to any holder of a license to manufacture wine in this or any
other state, to sell wine at outdoor or indoor gatherings, functions,
occasions, or events, provided that such manufacturer produces not more
than one hundred fifty thousand gallons of wine annually. The fee for
such permit shall be twenty-six dollars.
4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY HOLDER OF A
LICENSE TO MANUFACTURE WINE OR BEER IN THE STATE, INCLUDING FARM WINER-
IES AND FARM BREWERIES, SHALL BE AUTHORIZED TO SELL BEER AND WINE MANU-
FACTURED IN NEW YORK STATE AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS,
OCCASIONS OR EVENTS, WITHIN THE HOURS FIXED BY OR PURSUANT TO SUBDIVI-
SION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER, DURING WHICH ALCO-
HOLIC BEVERAGES MAY LAWFULLY BE SOLD OR SERVED UPON PREMISES LICENSED TO
SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION IN THE
COMMUNITY IN WHICH IS LOCATED THE PREMISES IN WHICH SUCH GATHERING,
FUNCTION, OCCASION OR EVENT IS HELD, FOR A PERIOD NOT TO EXCEED TWENTY-
FOUR CONSECUTIVE HOURS. THE EXERCISE OF THE PRIVILEGE GRANTED THEREBY
SHALL BE SUBJECT TO ANY LOCAL LAWS, REGULATIONS OR ORDINANCES AND SUCH
RULES OF THE LIQUOR AUTHORITY AS IT DEEMS NECESSARY; EXCEPT THAT NO
PERMIT OR FEES SHALL BE REQUIRED.
§ 2. This act shall take effect immediately.