NY State Senate Bill 2021-S6632

Senate Bill S6632

2021-2022 Legislative Session

Authorizes the sale of merchandise other than beer by licensed breweries and licensed farm breweries and the operation of another business on a licensed premise

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to commerce, economic development and small business
May 10, 2021	referred to commerce, economic development and small business

2021-S6632 (ACTIVE) - Details

See Assembly Version of this Bill:: A10549
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§51 & 51-a, ABC L
Versions Introduced in 2023-2024 Legislative Session:: A3821

2021-S6632 (ACTIVE) - Summary

Authorizes the sale of merchandise other than beer by licensed breweries and licensed farm breweries and the operation of another business on a licensed premises; authorizes licensed breweries and farm breweries to charge for tours and tastings.

2021-S6632 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6632

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
authorizing the sale of merchandise other than beer by licensed brewer-
ies and licensed farm breweries and the operation of another business on
a licensed premises

 
PURPOSE:

To authorize the sale of merchandise other than beer by licensed brewer-
ies and licensed farm breweries

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 51 of the alcoholic beverage control law to
add two new subdivisions 10 and 11, authorizing licensed breweries to
manufacture, bottle and sell juice, jellies and preserves, tonics, salad
dressings and beer sauces, as well as certain gift items including non-

alcoholic beverages, food items, beer supplies and accessories, souvenir
items, and beer produced or manufactured by any other New York state
brewery or farm brewery license. Permits other businesses to operate on
the licensed premises of a brewery subject to such rules and regulations
as the liquor authority may prescribe.

Section 2: Amends section 51-a of the alcoholic beverage control law to
add to new subdivisions 16 and 17, authorizing licensed farm breweries
to manufacture, bottle and sell juice, jellies and preserves, tonics,
salad dressings and beer sauces, as well as certain gift items including
nonalcoholic beverages, food items, beer supplies and accessories,
souvenir items, and beer produced or manufactured by any other New York
state brewery or farm brewery license. Permits other businesses to oper-
ate on the licensed premises of a farm brewery subject to such rules and
regulations as the liquor authority may prescribe.

Section 3: Effective date.

 
JUSTIFICATION:

This legislation will permit licensed breweries and licensed farm brew-
eries to sell certain merchandise for on or off premise consumption.
Allowing these licensees the opportunity to sell items other than beer
will help to assist in the economic sustainability of such local busi-
nesses. Moreover, allowing these businesses to sell merchandise from
other local businesses will help to promote and sell each others'
products and will in turn grow their businesses and encourage tourism
statewide.

This bill complements the state's ongoing efforts to expand markets and
economic opportunities for the growing brewery industry and agricultural
tourism.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6632 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6632
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11308-01-1

 S. 6632                             2
 
   (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
   (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

 S. 6632                             3
 
 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.

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