NY State Senate Bill S6256A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2021	signed chap.709
Dec 09, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.730 substituted for a7757
Jun 08, 2021	referred to ways and means delivered to assembly passed senate
May 25, 2021	advanced to third reading
May 24, 2021	2nd report cal.
May 20, 2021	1st report cal.1262
May 06, 2021	print number 6256a
May 06, 2021	amend (t) and recommit to commerce, economic development and small business
Apr 19, 2021	referred to commerce, economic development and small business

Votes

view votes

Jun 8, 2021 - floor Vote

S6256A

floor

Aye

Nay

Absent

Excused

Abstained

May 20, 2021 - Commerce, Economic Development and Small Business committee Vote

S6256A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S6256 - Details

See Assembly Version of this Bill:: A7757
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Rpld §76-b, §83 sub 1-b, add §97-c, ABC L

S6256 - Summary

Relates to temporary manufacturing permits; makes permanent certain provisions of law relating to such permits; repeals certain provisions of law relating to temporary permits.

S6256 - Sponsor Memo

 
BILL NUMBER: S6256

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
temporary permits; to amend chapter 396 of the laws of 2010, relating to
liquidator's permits and temporary retail permits, in relation to the
effectiveness thereof; and to repeal certain provisions of such law
relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is expand the temporary retail and manu-
facturing permits granted by the State Liquor Authority to all qualified
alcohol beverage makers in New York State.

 
SUMMARY OF PROVISIONS:

Section 1: Section 76-b of the alcoholic beverage control law is
repealed;

Section 2: Subdivision 1-b of section 83 of the alcoholic beverage
control law is repealed;

Section 3: Amends paragraph (b) of subdivision 1 of section 97-a of the
alcoholic beverage control law;

Section 4: Adds a new paragraph (d) of subdivision 5 of section 97-a of
the alcoholic beverage control law to allow recipients of a temporary
permit in municipalities with a population of more than 1 million to
stay open until midnight and have recorded music only;

Section 5: Adds a new section 97-c to the alcoholic beverage control law
creating the new temporary retail and manufacturing permit for qualified
alcohol beverage makers in New York State;

Section 6: Amends previous section of alcoholic beverage control law
regarding liquidator's permits and temporary retail permits;

Section 7: Effective Date.

 
JUSTIFICATION:

New York's wineries, breweries, cideries, and distilleries are an
economic engine for many areas of the state. The COVID-19 pandemic has
offered the state the opportunity to reexamine and address stagnant
structures in New York that hinder progress. To create an economy that
works for all New Yorkers, small businesses must be supported and entre-
preneurs must be encouraged to build businesses in this state. The total
economic impact of the New York alcohol beverage making industry tracks
in billions of dollars. This legislation will help galvanize this indus-
try and create new jobs, increase tourism and create parity for all
alcohol beverage makers in New York.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This legislation will potentially increase state and local tax revenue.

 
EFFECTIVE DATE:
This bill would take effect on the 90th day after it shall become law.

S6256 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6256
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 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
   temporary permits; to amend chapter 396 of the laws of 2010,  relating
   to  liquidator's  permits and temporary retail permits, in relation to
   the effectiveness thereof; and to repeal certain  provisions  of  such
   law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 76-b of  the  alcoholic  beverage  control  law  is
 REPEALED.
   §  2.  Subdivision 1-b of section 83 of the alcoholic beverage control
 law is REPEALED.
   § 3. Paragraph (b) of subdivision 1 of section 97-a of  the  alcoholic
 beverage  control  law,  as added by chapter 396 of the laws of 2010, is
 amended to read as follows:
   (b) to the applicant for a new retail license [where  the  prospective
 licensed premises is located in a municipality with a population of less
 than one million] during the period that the application is pending.
   §  4.  Paragraphs  (b) and (c) of subdivision 5 of section 97-a of the
 alcoholic beverage control law, as added by chapter 396 of the  laws  of
 2010, are amended and a new paragraph (d) is added to read as follows:
   (b) in the case of all other retail applications, to purchase and sell
 such  alcoholic beverages as would be permitted to be purchased and sold
 under the privileges of the license applied for; [and]
   (c) to sell such alcoholic beverages to consumers  only  and  not  for
 resale[.]; AND
   (D) IN THE CASE OF A PERMIT GRANTED UNDER PARAGRAPH (B) OF SUBDIVISION
 ONE  OF THIS SECTION WHERE THE PROSPECTIVE LICENSED PREMISES ARE LOCATED
 IN A MUNICIPALITY WITH A POPULATION OF MORE THAN ONE MILLION, TO OPERATE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10592-01-1

 S. 6256                             2
 
 THE PREMISES ONLY UNDER THE FOLLOWING  CONDITIONS:  THE  PREMISES  SHALL
 CLOSE  NO  LATER  THAN  TWELVE O'CLOCK ANTEMERIDIAN EACH DAY, SHALL HAVE
 RECORDED BACKGROUND MUSIC ONLY, WITH NO LIVE MUSIC,  DJ'S,  KARAOKE,  OR
 SIMILAR FORMS OF MUSIC, AND SHALL HAVE NO DANCING.
   §  5.  The  alcoholic  beverage control law is amended by adding a new
 section 97-c to read as follows:
   § 97-C. TEMPORARY MANUFACTURING PERMIT. 1. ANY PERSON MAY APPLY TO THE
 LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC  BEVER-
 AGE  MANUFACTURING  FACILITY AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
 APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN  INFORMA-
 TION  AS  THE  LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
 ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR SUCH PERMIT.
   2. UPON APPLICATION, THE LIQUOR AUTHORITY  MAY  ISSUE  SUCH  TEMPORARY
 PERMIT WHEN:
   (A)  THE APPLICANT HAS A MANUFACTURING LICENSE APPLICATION AT THE SAME
 PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
 FILING AND LICENSE FEES; AND
   (B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF  ALL  PERMITS,
 LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
 NESS; AND
   (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
 OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
   3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
   (A)  ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
 OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER; AND
   (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
 THE MANUFACTURING LICENSE BEING APPLIED FOR; AND
   (C) THE APPLICANT HAS SUBSTANTIALLY  COMPLIED  WITH  THE  REQUIREMENTS
 NECESSARY TO OBTAIN SUCH LICENSE.
   4.  THE  APPLICATION  FOR  A PERMIT SHALL BE APPROVED OR DENIED BY THE
 LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
 CATION.
   5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A MANU-
 FACTURING FACILITY FOR THE MANUFACTURE AND SALE OF  ALCOHOLIC  BEVERAGES
 ACCORDING  TO  THE  LAWS APPLICABLE TO THE TYPE OF MANUFACTURING LICENSE
 BEING APPLIED FOR.
   6. SUCH TEMPORARY PERMIT SHALL REMAIN IN  EFFECT  FOR  SIX  MONTHS  OR
 UNTIL  THE  MANUFACTURING  LICENSE BEING APPLIED FOR IS APPROVED AND THE
 LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY  BE  EXTENDED  AT
 THE  DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
 ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR  EACH
 SUCH EXTENSION.
   7.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
 PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
 AUTHORITY DETERMINES THAT GOOD  CAUSE  FOR  CANCELLATION  OR  SUSPENSION
 EXISTS.  THE  LIQUOR  AUTHORITY  SHALL  PROMPTLY NOTIFY THE PERMITTEE IN
 WRITING OF SUCH CANCELLATION OR  SUSPENSION  AND  SHALL  SET  FORTH  THE
 REASONS FOR SUCH ACTION.
   8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
 ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
 WISE  SHOWN.  A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
 EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE  EVIDENCE
 IN FAVOR OF THE APPLICANT.
   §  6. Section 5 of chapter 396 of the laws of 2010, amending the alco-
 holic beverage control law, relating to liquidator's permits and  tempo-

 S. 6256                             3
 
 rary retail permits, as amended by section 1 of item AAA of subpart B of
 part  XXX  of  chapter  58  of  the  laws of 2020, is amended to read as
 follows:
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law[, provided that paragraph  (b)  of  subdivision  1  of
 section  97-a  of the alcoholic beverage control law as added by section
 two of this act shall expire and be deemed repealed October 12, 2021].
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that upon effect, any valid permit
 issued  under  section  76-b of the alcoholic beverage control law shall
 remain in effect according to the terms of section 76-b of the alcoholic
 beverage control law as if such  section  had  not  been  repealed,  and
 provided  further, any application duly submitted prior to the effective
 date of this act and not yet acted upon shall be processed  as  if  such
 section  had not been repealed, and if such application is approved, any
 permit issued shall remain in effect according to the terms  of  section
 76-b  of  the  alcoholic beverage control law as if such section had not
 been repealed.

Co-Sponsors

S6256A (ACTIVE) - Details

See Assembly Version of this Bill:: A7757
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Rpld §76-b, §83 sub 1-b, add §97-c, ABC L

S6256A (ACTIVE) - Summary

Relates to temporary manufacturing permits; makes permanent certain provisions of law relating to such permits; repeals certain provisions of law relating to temporary permits.

S6256A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6256A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
temporary manufacturing permits; and to repeal certain provisions of
such law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is expand the temporary retail and manu-
facturing permits granted by the State Liquor Authority to all qualified
alcohol beverage makers in New York State.

 
SUMMARY OF PROVISIONS:

Section 1: Section 76-b of the alcoholic beverage control law is
repealed;

Section 2: Subdivision 1-b of section 83 of the alcoholic beverage

control law is repealed;

Section 3: Adds a new section 97-c to the alcoholic beverage control law
creating the new temporary retail and manufacturing permit for qualified
alcohol beverage makers in New York State;

Section 4: Effective Date.

 
JUSTIFICATION:

New York's wineries, breweries, cideries, and distilleries are an
economic engine for many areas of the state. The COVID-19 pandemic has
offered the state the opportunity to reexamine and address stagnant
structures in New York that hinder progress. To create an economy that
works for all New Yorkers, small businesses must be supported and entre-
preneurs must be encouraged to build businesses in this state. The total
economic impact of the New York alcohol beverage making industry tracks
in billions of dollars. This legislation will help galvanize this indus-
try and create new jobs and increase tourism for all alcohol beverage
makers in New York.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This legislation will potentially increase state and local tax revenue.

 
EFFECTIVE DATE:
This bill would take effect on the 90th day after it shall become law.

S6256A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6256--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 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  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   temporary  manufacturing  permits; and to repeal certain provisions of
   such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  76-b  of  the  alcoholic beverage control law is
 REPEALED.
   § 2. Subdivision 1-b of section 83 of the alcoholic  beverage  control
 law is REPEALED.
   §  3.  The  alcoholic  beverage control law is amended by adding a new
 section 97-c to read as follows:
   § 97-C. TEMPORARY MANUFACTURING PERMIT. 1. ANY PERSON MAY APPLY TO THE
 LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC  BEVER-
 AGE  MANUFACTURING  FACILITY AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
 APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN  INFORMA-
 TION  AS  THE  LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
 ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR SUCH PERMIT.
   2. UPON APPLICATION, THE LIQUOR AUTHORITY  MAY  ISSUE  SUCH  TEMPORARY
 PERMIT WHEN:
   (A)  THE APPLICANT HAS A MANUFACTURING LICENSE APPLICATION AT THE SAME
 PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
 FILING AND LICENSE FEES; AND
   (B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF  ALL  PERMITS,
 LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
 NESS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10592-03-1

 S. 6256--A                          2
 
   (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
 OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
   3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
   (A)  ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
 OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER; AND
   (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
 THE MANUFACTURING LICENSE BEING APPLIED FOR; AND
   (C) THE APPLICANT HAS SUBSTANTIALLY  COMPLIED  WITH  THE  REQUIREMENTS
 NECESSARY TO OBTAIN SUCH LICENSE.
   4.  THE  APPLICATION  FOR  A PERMIT SHALL BE APPROVED OR DENIED BY THE
 LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
 CATION.
   5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A MANU-
 FACTURING FACILITY FOR THE MANUFACTURE AND SALE OF  ALCOHOLIC  BEVERAGES
 ACCORDING  TO  THE  LAWS APPLICABLE TO THE TYPE OF MANUFACTURING LICENSE
 BEING APPLIED FOR.
   6. SUCH TEMPORARY PERMIT SHALL REMAIN IN  EFFECT  FOR  SIX  MONTHS  OR
 UNTIL  THE  MANUFACTURING  LICENSE BEING APPLIED FOR IS APPROVED AND THE
 LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY  BE  EXTENDED  AT
 THE  DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
 ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR  EACH
 SUCH EXTENSION.
   7.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
 PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
 AUTHORITY DETERMINES THAT GOOD  CAUSE  FOR  CANCELLATION  OR  SUSPENSION
 EXISTS.  THE  LIQUOR  AUTHORITY  SHALL  PROMPTLY NOTIFY THE PERMITTEE IN
 WRITING OF SUCH CANCELLATION OR  SUSPENSION  AND  SHALL  SET  FORTH  THE
 REASONS FOR SUCH ACTION.
   8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
 ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
 WISE  SHOWN.  A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
 EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE  EVIDENCE
 IN FAVOR OF THE APPLICANT.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that upon effect, any valid permit
 issued under section 76-b of the alcoholic beverage  control  law  shall
 remain in effect according to the terms of section 76-b of the alcoholic
 beverage  control  law  as  if  such  section had not been repealed, and
 provided further, any application duly submitted prior to the  effective
 date  of  this  act and not yet acted upon shall be processed as if such
 section had not been repealed, and if such application is approved,  any
 permit  issued  shall remain in effect according to the terms of section
 76-b of the alcoholic beverage control law as if such  section  had  not
 been repealed.

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The New York State Senate

senate Bill S6256A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

May 20, 2021 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 20, 2021

Bill Amendments

S6256 - Details

S6256 - Summary

S6256 - Sponsor Memo

S6256 - Bill Text download pdf

Co-Sponsors

S6256A (ACTIVE) - Details

S6256A (ACTIVE) - Summary

S6256A (ACTIVE) - Sponsor Memo

S6256A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6256A

Share this bill

Sponsored By

Michelle Hinchey

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

May 20, 2021 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: May 20, 2021

Bill Amendments

S6256 - Details

S6256 - Summary

S6256 - Sponsor Memo

S6256 - Bill Text download pdf

Co-Sponsors

Pamela Helming

Daniel G. Stec

S6256A (ACTIVE) - Details

S6256A (ACTIVE) - Summary

S6256A (ACTIVE) - Sponsor Memo

S6256A (ACTIVE) - Bill Text download pdf

Comments