BILL NUMBER: S7913

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
authorizing a licensee with a license to sell wine at retail for
consumption on the premises to include the sale of shochu on such prem-
ises to be consumed under the same terms and conditions

 
PURPOSE OF THE BILL:

This bill would authorize a licensee with a license to sell wine, beer
and Korean Soju at retail for consumption on the premises to include the
retail sale of Japanese Shochu on such premise to be consumed under the
same terms and conditions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends § 81 (3) of the Alcohol Beverage Control Law (ABCL),
permitting an individual who holds a beer, wine and Soju retail license
for on premise consumption to also be permitted to sell Japanese Shochu
              

without the payment of an additional fee. Shochu is defined as a Japa-
nese alcoholic beverage that contains not more than twenty-four per
centum alcohol, by volume, and is derived from agricultural products.

Section 2: Effective date.

 
JUSTIFICATION:

Chapter 623 of the Laws of 2002 allowed a licensee previously authorized
to sell wine and beer for on-premise consumption to also sell Soju, an
imported Korean beverage that contains not more than twenty-four per
centum of alcohol, by volume, and is derived from agricultural products.
However, the law did not extend the authorization for such licensee to
sell Japanese Shochu a similarly produced but culturally distinct
imported Japanese alcoholic beverage that contains not more than twen-
ty-four per centum alcohol, by volume, and is derived from agricultural
products.

Japanese Shochu is one of the most consumed alcoholic beverages in Japan
today and its popularity is growing exponentially in the United State
and, in particular, New York. It has a long and storied history and is
highly regarded by the Japanese people as an important cultural product.
Many Japanese restaurateurs would like to offer Shochu for sale to their
patrons but are prohibited from doing so unless they have a full
on-premise liquor, wine and beer license. Under current law, restaurat-
eurs interested in selling Shochu would be required to obtain or possess
a more expensive liquor, wine and beer license which is beyond the means
of many small Japanese restaurant owners.  The disparate treatment of
Shochu under current law is a culturally important issue to the Japanese
community and this bill would provide for the fair application of the
law pertaining to these two similarly situated products that meet the
standards set by ABCL.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.