NY State Senate Bill S3364A

Current Bill Status Via A2902 - Passed Senate & Assembly

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

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2023	returned to assembly passed senate 3rd reading cal.281 substituted for s3364a
Mar 01, 2023	substituted by a2902
Feb 08, 2023	advanced to third reading
Feb 07, 2023	2nd report cal.
Feb 06, 2023	1st report cal.281
Feb 01, 2023	print number 3364a
Feb 01, 2023	amend (t) and recommit to investigations and government operations
Jan 31, 2023	referred to investigations and government operations

Votes

view votes

Mar 1, 2023 - floor Vote

A2902

floor

Aye

Nay

Absent

Excused

Abstained

Feb 6, 2023 - Investigations and Government Operations committee Vote

S3364A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S3364 - Details

See Assembly Version of this Bill:: A2902
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §106, ABC L
Versions Introduced in 2021-2022 Legislative Session:: S7743

S3364 - Summary

Relates to the utilization of a pressurized mixing and dispensing system; permits a retail licensee for on-premises consumption to prepare and keep drinks containing alcoholic beverages in dispensing machines, having a capacity of not less than a gallon, utilizing a pressurized mixing and dispensing system.

S3364 - Sponsor Memo

 
BILL NUMBER: S3364

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to the
utilization of a pressurized mixing and dispensing system and the sale
of prepared liquor drinks

 
PURPOSE:

Allow for the sale of ready to drink cocktails

 
SUMMARY OF PROVISIONS:

Amends paragraph (b) of section 106 of the ABC law to allow for the
preparation and on premise consumption of alcohol beverages that are
dispensed and served via a pressurized draft system, with.

 
EXISTING LAW:

Section 106 of the Alcoholic Beverage Control law presently prohibits
the storage of alcoholic beverages in anything other than (1) the
original container or (2) drinks prepared and kept in dispensing
machines, having capacities of not less than a gallon, which continually
mix such drinks.

 
JUSTIFICATION:

The Alcoholic Beverage Control Law prohibits the storage and service of
pre-mixed drinks unless such drink is dispensed through a machine that
continually "agitates" the mixture. This limitation prevents newer tech-
nology that meets higher food safety and sanitation level.  Newer
systems have been developed that are recyclable, tamper proof, airtight
kegs. Liter bottles are safely added to the unit with mix to create
cocktails, which are then dispensed by a common pressurized draft
system. The benefits of these systems are:

*the pressure from CO2 or nitrogen prevents growth of aerobic bacteria,
while also allowing the drink to be constantly and consistently mixed;

*the produced mixes have the required preserving agents that onsite
produced beverages lack; and,

*the commercially produced beverages are refined to the level that they
are colloid homogenous mixtures that do not require agitation, further-
ing the consistency of the mixed product.

 
LEGISLATIVE HISTORY:

2023 Session-New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
30 days after being signed into law

S3364 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3364
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   utilization of a pressurized mixing and dispensing system and the sale
   of prepared liquor drinks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (b) of subdivision 2 of section 106 of the alco-
 holic beverage control law, as added by chapter 512 of the laws of 2000,
 is amended and a new paragraph (c) is added to read as follows:
   (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion, a retail licensee for on-premises consumption may prepare and keep
 drinks  containing  alcoholic  beverages  in dispensing machines, having
 capacities of not less than a gallon, which continually mix such  drinks
 OR UTILIZING A PRESSURIZED MIXING AND DISPENSING SYSTEM.
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION MAY PREPARE AND KEEP
 DRINKS CONTAINING ALCOHOLIC BEVERAGES THAT HAVE BEEN MIXED  AND  EMULSI-
 FIED  INSIDE  A  SEALED PET VESSEL, HAVING A CAPACITY OF NOT LESS THAN A
 GALLON, WHICH ARE DISPENSED VIA PRESSURIZED DRAFT SYSTEM.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08105-01-3

S3364A (ACTIVE) - Details

See Assembly Version of this Bill:: A2902
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §106, ABC L
Versions Introduced in 2021-2022 Legislative Session:: S7743

S3364A (ACTIVE) - Summary

S3364A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3364A

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to the
utilization of a pressurized mixing and dispensing system

 
PURPOSE:

Allow for the sale of ready to drink cocktails

 
SUMMARY OF PROVISIONS:

Amends paragraph (b) of section 106 of the ABC law to allow for the
preparation and on premise consumption of alcohol beverages that are
dispensed and served via a pressurized draft system, with.

 
EXISTING LAW:

Section 106 of the Alcoholic Beverage Control law presently prohibits

the storage of alcoholic beverages in anything other than (1) the
original container or (2) drinks prepared and kept in dispensing
machines, having capacities of not less than a gallon, which continually
mix such drinks.

 
JUSTIFICATION:

The Alcoholic Beverage Control Law prohibits the storage and service of
pre-mixed drinks unless such drink is dispensed through a machine that
continually "agitates" the mixture. This limitation prevents newer tech-
nology that meets higher food safety and sanitation level.

Newer systems have been developed that are recyclable, tamper proof,
airtight kegs. Liter bottles are safely added to the unit with mix to
create cocktails, which are then dispensed by a common pressurized draft
system. The benefits of these systems are:

*the pressure from CO2 or nitrogen prevents growth of aerobic bacteria,
while also allowing the drink to be constantly and consistently mixed;

*the produced mixes have the required preserving agents that onsite
produced beverages lack; and,

*the commercially produced beverages are refined to the level that they
are colloid homogenous mixtures that do not require agitation, further-
ing the consistency of the mixed product.

 
LEGISLATIVE HISTORY:

2023 Session-New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
30 days after being signed into law

S3364A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3364--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and  Government  Operations  --  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  the
   utilization of a pressurized mixing and dispensing system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2 of section 106 of the  alco-
 holic beverage control law, as added by chapter 512 of the laws of 2000,
 is amended to read as follows:
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, a retail licensee for on-premises consumption may prepare and keep
 drinks containing alcoholic beverages  in  dispensing  machines,  having
 capacities  of not less than a gallon, which continually mix such drinks
 OR UTILIZING A PRESSURIZED MIXING AND DISPENSING SYSTEM.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08105-02-3

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The New York State Senate

senate Bill S3364A

Sponsored By

Current Bill Status Via A2902 - Passed Senate & Assembly

Your Voice

Actions

Votes

Mar 1, 2023 - floor Vote

Floor Vote: Mar 1, 2023

Feb 6, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 6, 2023

Bill Amendments

S3364 - Details

S3364 - Summary

S3364 - Sponsor Memo

S3364 - Bill Text download pdf

S3364A (ACTIVE) - Details

S3364A (ACTIVE) - Summary

S3364A (ACTIVE) - Sponsor Memo

S3364A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3364A

Share this bill

Sponsored By

Jessica Scarcella-Spanton

Current Bill Status Via A2902 - Passed Senate & Assembly

Your Voice

Actions

Votes

Mar 1, 2023 - floor Vote

Floor Vote: Mar 1, 2023

Feb 6, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 6, 2023

Bill Amendments

S3364 - Details

S3364 - Summary

S3364 - Sponsor Memo

S3364 - Bill Text download pdf

S3364A (ACTIVE) - Details

S3364A (ACTIVE) - Summary

S3364A (ACTIVE) - Sponsor Memo

S3364A (ACTIVE) - Bill Text download pdf

Comments