senate Bill S5438

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

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Apr 27, 2021 - Finance committee Vote

S5438
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Mar 23, 2021 - Commerce, Economic Development and Small Business committee Vote

S5438
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Mar 23, 2021

Co-Sponsors

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S5438 (ACTIVE) - Details

See Assembly Version of this Bill:
A6233
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§61 & 101-b, ABC L

S5438 (ACTIVE) - Summary

Authorizes tastings at licensed premises by distillers; authorizes the operation of a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises; authorizes sale of any liquor manufactured by the licensee; makes related provisions.

S5438 (ACTIVE) - Sponsor Memo

S5438 (ACTIVE) - 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.

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