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.