S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10549
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
   read once and referred to the Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing  the sale of merchandise other than beer by licensed brew-
   eries and licensed farm breweries and the operation of  another  busi-
   ness on a licensed premises

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 51 of the alcoholic beverage control law is amended
 by adding two new subdivisions 10 and 11 to read as follows:
   10. (A) A LICENSED BREWERY MAY MANUFACTURE,  BOTTLE  AND  SELL  JUICE,
 JELLIES  AND  PRESERVES,  TONICS, SALAD DRESSINGS AND BEER SAUCES ON AND
 FROM LICENSED PREMISES.
   (B) SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND  SELL
 GIFT  ITEMS  IN  A  TAX-PAID ROOM UPON THE LICENSED PREMISES. THESE GIFT
 ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
   (I) NON-ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION  ON  OR  OFF  PREMISES,
 INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES.
   (II)  FOOD ITEMS, WHICH MAY INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND
 ANY FOOD  OR  FOOD  PRODUCT  NOT  SPECIFICALLY  PREPARED  FOR  IMMEDIATE
 CONSUMPTION  UPON  THE PREMISES. THESE ITEMS MAY BE SOLD AS SINGLE ITEMS
 OR MAY BE COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (III) BEER SUPPLIES AND ACCESSORIES,  WHICH  SHALL  INCLUDE  ANY  ITEM
 UTILIZED  FOR THE STORAGE, SERVING OR CONSUMPTION OF BEER OR FOR DECORA-
 TIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS  SINGLE  ITEMS  OR  MAY  BE
 COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (IV)  SOUVENIR  ITEMS,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO
 ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER  ARTICLES
 WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM.
   (V)  BEER PRODUCED OR MANUFACTURED BY ANY OTHER NEW YORK STATE BREWERY
 OR FARM BREWERY LICENSEE. SUCH BEER MAY BE  PURCHASED  OUTRIGHT  BY  THE
 LICENSEE  FROM  A  NEW  YORK  STATE  BREWERY OR FARM BREWERY LICENSEE OR
 OBTAINED ON A CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREEMENT  BETWEEN
 THE SELLING AND PURCHASING LICENSEE.
   (C)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY BREWERY
 LICENSEE MAY CHARGE:
   (I) FOR TOURS OF ITS PREMISES; AND
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11308-01-1
 A. 10549                            2

   (II) FOR ANY BEER TASTINGS.
   (D)  THE  AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
   11. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ANOTHER
 BUSINESS  OR  OTHER BUSINESSES MAY OPERATE ON THE LICENSED PREMISES OF A
 BREWERY SUBJECT TO SUCH RULES AND REGULATIONS AS  THE  LIQUOR  AUTHORITY
 MAY  PRESCRIBE.  SUCH  RULES AND REGULATIONS SHALL DETERMINE WHICH BUSI-
 NESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF  THIS  CHAPTER
 AND  SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY
 AND AREA IN THE VICINITY OF THE BREWERY PREMISES, PROVIDED HOWEVER  THAT
 A  RETAILER  BUSINESS LICENSED UNDER THIS CHAPTER SHALL NOT BE PERMITTED
 TO OPERATE AT A LICENSED MANUFACTURING PREMISES.
   § 2. Section 51-a of the alcoholic beverage control law is amended  by
 adding two new subdivisions 16 and 17 to read as follows:
   16.  (A)  A  LICENSED  FARM  BREWERY  MAY MANUFACTURE, BOTTLE AND SELL
 JUICE, JELLIES AND PRESERVES, TONICS, SALAD DRESSINGS AND BEER SAUCES ON
 AND FROM LICENSED PREMISES.
   (B) SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND  SELL
 GIFT  ITEMS  IN  A  TAX-PAID ROOM UPON THE LICENSED PREMISES. THESE GIFT
 ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
   (I) NON-ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION  ON  OR  OFF  PREMISES,
 INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES.
   (II)  FOOD ITEMS, WHICH MAY INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND
 ANY FOOD  OR  FOOD  PRODUCT  NOT  SPECIFICALLY  PREPARED  FOR  IMMEDIATE
 CONSUMPTION  UPON  THE PREMISES. THESE ITEMS MAY BE SOLD AS SINGLE ITEMS
 OR MAY BE COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (III) BEER SUPPLIES AND ACCESSORIES,  WHICH  SHALL  INCLUDE  ANY  ITEM
 UTILIZED  FOR THE STORAGE, SERVING OR CONSUMPTION OF BEER OR FOR DECORA-
 TIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS  SINGLE  ITEMS  OR  MAY  BE
 COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (IV)  SOUVENIR  ITEMS,  WHICH  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO
 ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER  ARTICLES
 WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM.
   (V)  BEER PRODUCED OR MANUFACTURED BY ANY OTHER NEW YORK STATE BREWERY
 OR FARM BREWERY LICENSEE. SUCH BEER MAY BE  PURCHASED  OUTRIGHT  BY  THE
 LICENSEE  FROM  A  NEW  YORK  STATE  BREWERY OR FARM BREWERY LICENSEE OR
 OBTAINED ON A CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREEMENT  BETWEEN
 THE SELLING AND PURCHASING LICENSEE.
   (C)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ANY FARM
 BREWERY LICENSEE MAY CHARGE:
   (I) FOR TOURS OF ITS PREMISES; AND
   (II) FOR ANY BEER TASTINGS.
   (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES  AND  REGU-
 LATIONS TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
   17.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ANOTHER
 BUSINESS OR OTHER BUSINESSES MAY OPERATE ON THE LICENSED PREMISES  OF  A
 FARM BREWERY SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHOR-
 ITY  MAY  PRESCRIBE.  SUCH  RULES  AND REGULATIONS SHALL DETERMINE WHICH
 BUSINESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAP-
 TER AND SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMU-
 NITY AND AREA IN THE VICINITY OF THE  FARM  BREWERY  PREMISES,  PROVIDED
 HOWEVER  THAT  A RETAILER BUSINESS LICENSED UNDER THIS CHAPTER SHALL NOT
 BE PERMITTED TO OPERATE AT A LICENSED MANUFACTURING PREMISES.
   § 3. This act shall take effect immediately.