NY State Senate Bill 2021-S5438A

Senate Bill S5438A

Signed By Governor

2021-2022 Legislative Session

Provides distillers with the same privileges currently enjoyed by other New York manufacturers

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2022	signed chap.315
Jun 23, 2022	delivered to governor
May 24, 2022	returned to senate passed assembly ordered to third reading rules cal.401 substituted for a6233a
May 23, 2022	referred to ways and means delivered to assembly passed senate
May 17, 2022	advanced to third reading
May 16, 2022	2nd report cal.
May 11, 2022	1st report cal.1323
May 05, 2022	print number 5438a
May 05, 2022	amend and recommit to commerce, economic development and small business
Jan 05, 2022	referred to commerce, economic development and small business returned to senate died in assembly
May 24, 2021	referred to economic development delivered to assembly passed senate
Apr 28, 2021	advanced to third reading
Apr 27, 2021	2nd report cal.
Apr 26, 2021	1st report cal.789
Mar 23, 2021	reported and committed to finance
Mar 05, 2021	referred to commerce, economic development and small business

Votes

- May 23, 2022 - Floor Vote
  S5438A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  May 11, 2022 - Commerce, Economic Development And Small Business Committee Vote
  S5438A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 11, 2022
      
      aye (9)
      
      Cleare
      
      Helming
      
      Hinchey
      
      Kaplan
      
      Martucci
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S5438 - Details

See Assembly Version of this Bill:: A6233
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§61 & 101-b, ABC L
Versions Introduced in 2021-2022 Legislative Session:: S5438, A6233

2021-S5438 - Summary

Authorizes tastings at licensed premises by distillers; authorizes the sale of any liquor manufactured by the licensee; makes related provisions.

2021-S5438 - Sponsor Memo

                                
 
BILL NUMBER: S5438

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
providing distillers with the same privileges currently enjoyed by other
New York manufacturers

 
PURPOSE:

This bill would establish parity between distillers and all other alco-
holic beverage manufacturing classes in New York with respect to certain
tasting and retail privileges already afforded to such other manufactur-
ers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend the ABCL to allow distillers to
conduct tastings of liquor they manufacture, or any New York labelled
liquor, and to sell at retail any such liquor for consumption on and off

the licensed premises. It would also restrict consumer sales of liquor
to customers that are physically present upon the licensed premises and
result in the customer taking the containers of liquor with him or her
at the time the customer leaves the premises.

Section 2 of the bill would amend the ABCL to allow distillers to obtain
a separate license to operate a restaurant, hotel, catering establish-
ment, or other food and drinking establishment in or adjacent to their
licensed premises and to serve therein liquor they manufacture or any
New York labelled liquor.

Section 3 of the bill would amend ABCL to allow farm distillers to oper-
ate up to five (5) branch offices located away from the licensed farm
distillery premises.

Section 4 of the bill would amend ABCL to allow distillers to file their
statutorily required price postings annually rather than monthly.

Section 5 states that this act shall take effect immediately and that
the price posting in effect at the time of this act becomes law shall be
considered the annual price filing for each distiller.

 
JUSTIFICATION:

Distilled spirits producers, do not currently have parity with all other
alcoholic beverage producers in New York State. Distilled spirits
producers should enjoy the privileges as their counterparts in Beer,
Wine and cider producers. The industry moved towards this model, and the
lack of parity in this important regard is hurting distillers in local
communities. This amendment would grant to licensed distillers the same
privileges currently enjoyed by all other alcoholic beverage producers
with similar license classes.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
Potential for additional state revenue

 
EFFECTIVE DATE:
Immediately

2021-S5438 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5438
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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
   providing distillers with the same  privileges  currently  enjoyed  by
   other New York manufacturers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 61 of the alcoholic beverage control law is amended
 by adding a new subdivision 9 to read as follows:
   9. (A) THE HOLDER OF A LICENSE ISSUED UNDER  SUBDIVISION  ONE,  ONE-A,
 TWO,  TWO-A  OR  TWO-B  OF  THIS  SECTION MAY, AT THE LICENSED PREMISES,
 CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON  OR  OFF  THE
 LICENSED  PREMISES,  ANY  LIQUOR MANUFACTURED BY THE LICENSEE OR ANY NEW
 YORK STATE LABELED LIQUOR. 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  CONSUMP-
 TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED
 IN COMPLIANCE WITH THIS SUBDIVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH
 FOODS,  WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) 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 TABLEWARE AND  CAN  BE  CONVENIENTLY  CONSUMED  WHILE
 STANDING  OR  WALKING,  INCLUDING  BUT  NOT LIMITED TO: CHEESES, FRUITS,
 VEGETABLES, CHOCOLATES,  BREADS,  MUSTARDS  AND  CRACKERS.  ALL  OF  THE
 PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL LIQUOR AT RETAIL
 FOR CONSUMPTION ON AND OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE
 TO SUCH LICENSEE.
   (B)(I)  SALES FOR OFF-PREMISES CONSUMPTION MAY BE MADE ONLY TO CUSTOM-
 ERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH  SALE
 SHALL  BE  CONCLUDED  BY  THE CUSTOMER'S TAKING, WITH HIM OR HER, OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10366-01-1

 S. 5438                             2
 
 SEALED CONTAINERS PURCHASED BY THE CUSTOMER AT  THE  TIME  THE  CUSTOMER
 LEAVES THE LICENSED PREMISES.
   (II)  SALES  FOR  OFF-PREMISES CONSUMPTION SHALL NOT BE MADE WHERE THE
 ORDER IS PLACED BY LETTER,  TELEPHONE,  FAX  OR  E-MAIL,  OR  WHERE  THE
 CUSTOMER  OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYS-
 ICALLY PRESENT UPON THE PREMISES OF THE LICENSED PREMISES.
   (III) SALES FOR OFF-PREMISES CONSUMPTION SHALL NOT BE MADE  WHERE  THE
 CONTEMPLATED  SALE  REQUIRES THE LICENSEE TO TRANSPORT OR SHIP BY COMMON
 CARRIER, SEALED CONTAINERS OF LIQUOR TO A CUSTOMER.
   § 2. Section 61 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 10 to read as follows:
   10.  (A)  THE HOLDER OF A LICENSE ISSUED UNDER SUBDIVISION ONE, ONE-A,
 TWO, TWO-A, OR TWO-B OF THIS SECTION MAY OPERATE  A  RESTAURANT,  HOTEL,
 CATERING  ESTABLISHMENT,  OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR
 ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL  FOR
 CONSUMPTION ON THE PREMISES, LIQUOR MANUFACTURED BY THE LICENSEE AND ANY
 NEW  YORK  STATE  LABELED  LIQUOR. ALL OF THE PROVISIONS OF THIS CHAPTER
 RELATIVE TO LICENSES TO SELL LIQUOR AT RETAIL  FOR  CONSUMPTION  ON  THE
 PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  THE HOLDER OF A
 LICENSE ISSUED UNDER SUBDIVISION ONE, ONE-A, TWO, TWO-A OR TWO-B OF THIS
 SECTION MAY APPLY TO THE LIQUOR AUTHORITY FOR A LICENSE  TO  SELL  BEER,
 WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH RESTAU-
 RANT,  HOTEL,  CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTAB-
 LISHMENT.  ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO
 SELL BEER, WINE OR LIQUOR AT RETAIL  FOR  CONSUMPTION  ON  THE  PREMISES
 SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION.
   §  3.  Paragraph (g) of subdivision 2-c of section 61 of the alcoholic
 beverage control law, as added by chapter 431 of the laws  of  2014,  is
 amended to read as follows:
   (g)  The holder of a license issued under this subdivision may operate
 up to [one] FIVE branch [office] OFFICES located away from the  licensed
 farm  distillery.  Such [location] LOCATIONS shall be considered part of
 the licensed premises and all activities allowed at and limited  to  the
 farm  distillery  may  be  conducted  at  the branch office. Such branch
 [office] OFFICES shall not be located within, share  a  common  entrance
 and  exit  with,  or  have  any  interior  access to any other business,
 including premises licensed to sell alcoholic beverages at retail. Prior
 to commencing operation of any such branch office,  the  licensee  shall
 notify  the  authority  of  the  location  of such branch office and the
 authority may issue a permit for the operation of same.
   § 4. Paragraphs (a) and (b) of subdivision 5 of section 101-b  of  the
 alcoholic beverage control law, as amended by chapter 522 of the laws of
 2003, are amended to read as follows:
   (a) (i) Notwithstanding any other provision of law, each such schedule
 required  by paragraph (a) of subdivision three of this section which is
 filed by a micro-winery, winery, or farm winery, OR A CLASS A,  A-1,  B,
 B-1,  C, OR D DISTILLER shall be filed annually on or before the twenty-
 fifth day of November. The prices and discounts set forth therein  shall
 become  effective  on  the  first  day of the second succeeding calendar
 month and shall remain in effect for  such  twelve  succeeding  calendar
 months,  unless  a  price change filing is made pursuant to subparagraph
 (ii) of this paragraph.
   (ii) A micro-winery, winery, or farm winery, OR A  CLASS  A,  A-1,  B,
 B-1,  C, OR D DISTILLER licensee may file a price schedule change at any
 time between the required  annual  filings.  Each  such  price  schedule

 S. 5438                             3
 
 change  shall  be  filed on or before the twenty-fifth day of each month
 for a change in prices to become effective  on  the  first  day  of  the
 second  succeeding  calendar  month and shall remain in effect until the
 effective date of the next filing.
   (b) (i) Notwithstanding any other provision of law, each such schedule
 required  by paragraph (b) of subdivision three of this section which is
 filed by a micro-winery, winery, or farm winery licensee, OR A CLASS  A,
 A-1,  B, B-1, C, OR D DISTILLER shall be filed annually on or before the
 fifth day of December. The prices and discounts set forth therein  shall
 become  effective  on  the first day of the calendar month following the
 filing thereof, and shall remain in effect for  such  twelve  succeeding
 calendar  months,  unless  a  price  change  filing  is made pursuant to
 subparagraph (ii) of this paragraph.
   (ii) A micro-winery, winery, or farm winery, OR A  CLASS  A,  A-1,  B,
 B-1,  C, OR D DISTILLER licensee may file a price schedule change at any
 time between the required  annual  filings.  Each  such  price  schedule
 change  shall  be  filed  on or before the fifth day of each month for a
 change in prices to become effective on the first day  of  the  calendar
 month  following the filing thereof and shall remain in effect until the
 effective date of the next filing.
   § 5. This act shall take effect immediately,  provided  that  for  the
 purposes  of  subparagraph  (i) of paragraph (a) and subparagraph (i) of
 paragraph (b) of subdivision 5 of section 101-b of the alcoholic  bever-
 age control law, as amended by section four of this act, the price sche-
 dule filing effective at the time this act shall have become a law shall
 be the licensee's annual filing for 2021.

co-Sponsors

View additional co-sponsors

2021-S5438A (ACTIVE) - Details

See Assembly Version of this Bill:: A6233
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§61 & 101-b, ABC L
Versions Introduced in 2021-2022 Legislative Session:: S5438, A6233

2021-S5438A (ACTIVE) - Summary

Authorizes tastings at licensed premises by distillers; authorizes the sale of any liquor manufactured by the licensee; makes related provisions.

2021-S5438A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5438A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
providing distillers with the same privileges currently enjoyed by other
New York manufacturers

 
PURPOSE:

This bill would establish parity between distillers and all other alco-
holic beverage manufacturing classes in New York with respect to certain
tasting and retail privileges already afforded to such other manufactur-
ers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend the ABCL to allow distillers to
conduct tastings of liquor they manufacture, or any New York labeled
liquor, and to sell at retail any such liquor for consumption on and off
the licensed premises. It would also restrict consumer sales of liquor

to customers that are physically present upon the licensed premises and
result in the customer taking the containers of liquor with him or her
at the time the customer leaves the premises.

Section 2 of the bill would amend ABCL to allow distillers to file their
statutorily required price postings annually rather than monthly.

Section 3 states that this act shall take effect immediately and that
the price posting in effect at the time of this act becomes law shall be
considered the annual price filing for each distiller.

 
JUSTIFICATION:

Distilled spirits producers, do not currently have parity with all other
alcoholic beverage producers in. New York State. Distilled spirits
producers should enjoy the privileges as their counterparts in Beer,
Wine and cider producers. The industry moved towards this model, and the
lack of parity in this important regard is hurting distillers in local
communities. This amendment would grant to licensed distillers the same
privileges currently enjoyed by all other alcoholic beverage producers
with similar license classes.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Potential for additional state revenue

 
EFFECTIVE DATE:
Immediately

2021-S5438A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5438--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sens.  HINCHEY, BORRELLO, BRISPORT, GALLIVAN, GOUNARDES,
   MAY, OBERACKER, O'MARA, RITCHIE, SAVINO  --  read  twice  and  ordered
   printed,  and  when  printed  to  be  committed  to  the  Committee on
   Commerce, Economic Development and Small Business  --  recommitted  to
   the  Committee on Commerce, Economic Development and Small Business in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   providing  distillers  with  the  same privileges currently enjoyed by
   other New York manufacturers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 61 of the alcoholic beverage control law is amended
 by adding a new subdivision 9 to read as follows:
   9.  (A)  THE  HOLDER OF A LICENSE ISSUED UNDER SUBDIVISION ONE, ONE-A,
 TWO, TWO-A OR TWO-B OF THIS  SECTION  MAY,  AT  THE  LICENSED  PREMISES,
 CONDUCT  TASTINGS  OF,  AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE
 LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY THE LICENSEE  OR  ANY  NEW
 YORK  STATE  LABELED  LIQUOR.  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 CONSUMP-
 TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED
 IN COMPLIANCE WITH THIS SUBDIVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH
 FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II)  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  TABLEWARE  AND CAN BE CONVENIENTLY CONSUMED WHILE
 STANDING OR WALKING, INCLUDING BUT  NOT  LIMITED  TO:  CHEESES,  FRUITS,
 VEGETABLES,  CHOCOLATES,  BREADS,  MUSTARDS  AND  CRACKERS.  ALL  OF THE
 PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL LIQUOR AT RETAIL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10366-03-2

 S. 5438--A                          2
 
 FOR CONSUMPTION ON AND OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE
 TO SUCH LICENSEE.
   (B)(I)  SALES FOR OFF-PREMISES CONSUMPTION MAY BE MADE ONLY TO CUSTOM-
 ERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH  SALE
 SHALL  BE  CONCLUDED  BY  THE CUSTOMER'S TAKING, WITH HIM OR HER, OF THE
 SEALED CONTAINERS PURCHASED BY THE CUSTOMER AT  THE  TIME  THE  CUSTOMER
 LEAVES THE LICENSED PREMISES.
   (II)  SALES  FOR  OFF-PREMISES CONSUMPTION SHALL NOT BE MADE WHERE THE
 ORDER IS PLACED BY LETTER,  TELEPHONE,  FAX  OR  E-MAIL,  OR  WHERE  THE
 CUSTOMER  OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYS-
 ICALLY PRESENT UPON THE PREMISES OF THE LICENSED PREMISES.
   (III) SALES FOR OFF-PREMISES CONSUMPTION SHALL NOT BE MADE  WHERE  THE
 CONTEMPLATED  SALE  REQUIRES THE LICENSEE TO TRANSPORT OR SHIP BY COMMON
 CARRIER, SEALED CONTAINERS OF LIQUOR TO A CUSTOMER.
   § 2.  Paragraphs (a) and (b) of subdivision 5 of section 101-b of  the
 alcoholic beverage control law, as amended by chapter 522 of the laws of
 2003, are amended to read as follows:
   (a) (i) Notwithstanding any other provision of law, each such schedule
 required  by paragraph (a) of subdivision three of this section which is
 filed by a micro-winery, winery, or farm winery, OR A CLASS A,  A-1,  B,
 B-1,  C, OR D DISTILLER shall be filed annually on or before the twenty-
 fifth day of November. The prices and discounts set forth therein  shall
 become  effective  on  the  first  day of the second succeeding calendar
 month and shall remain in effect for  such  twelve  succeeding  calendar
 months,  unless  a  price change filing is made pursuant to subparagraph
 (ii) of this paragraph.
   (ii) A micro-winery, winery, or farm winery, OR A  CLASS  A,  A-1,  B,
 B-1,  C, OR D DISTILLER licensee may file a price schedule change at any
 time between the required  annual  filings.  Each  such  price  schedule
 change  shall  be  filed on or before the twenty-fifth day of each month
 for a change in prices to become effective  on  the  first  day  of  the
 second  succeeding  calendar  month and shall remain in effect until the
 effective date of the next filing.
   (b) (i) Notwithstanding any other provision of law, each such schedule
 required by paragraph (b) of subdivision three of this section which  is
 filed  by a micro-winery, winery, or farm winery licensee, OR A CLASS A,
 A-1, B, B-1, C, OR D DISTILLER shall be filed annually on or before  the
 fifth  day of December. The prices and discounts set forth therein shall
 become effective on the first day of the calendar  month  following  the
 filing  thereof,  and  shall remain in effect for such twelve succeeding
 calendar months, unless a  price  change  filing  is  made  pursuant  to
 subparagraph (ii) of this paragraph.
   (ii)  A  micro-winery,  winery,  or farm winery, OR A CLASS A, A-1, B,
 B-1, C, OR D DISTILLER licensee may file a price schedule change at  any
 time  between  the  required  annual  filings.  Each such price schedule
 change shall be filed on or before the fifth day of  each  month  for  a
 change  in  prices  to become effective on the first day of the calendar
 month following the filing thereof and shall remain in effect until  the
 effective date of the next filing.
   §  3.  This  act  shall take effect immediately, provided that for the
 purposes of subparagraph (i) of paragraph (a) and  subparagraph  (i)  of
 paragraph  (b) of subdivision 5 of section 101-b of the alcoholic bever-
 age control law, as amended by section two of this act, the price sched-
 ule filing effective at the time this act shall have become a law  shall
 be the licensee's annual filing for 2022.

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Senate Bill S5438A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S5438 - Details

2021-S5438 - Summary

2021-S5438 - Sponsor Memo

2021-S5438 - Bill Text download pdf

co-Sponsors

2021-S5438A (ACTIVE) - Details

2021-S5438A (ACTIVE) - Summary

2021-S5438A (ACTIVE) - Sponsor Memo

2021-S5438A (ACTIVE) - Bill Text download pdf

Comments