Bill Text: NY A10549 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-07-06 - referred to economic development [A10549 Detail]
Download: New_York-2021-A10549-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10549 IN ASSEMBLY July 6, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fahy) -- read once and referred to the Committee on Economic Development 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: 1 Section 1. Section 51 of the alcoholic beverage control law is amended 2 by adding two new subdivisions 10 and 11 to read as follows: 3 10. (a) A licensed brewery may manufacture, bottle and sell juice, 4 jellies and preserves, tonics, salad dressings and beer sauces on and 5 from licensed premises. 6 (b) Such license shall authorize the holder thereof to store and sell 7 gift items in a tax-paid room upon the licensed premises. These gift 8 items shall be limited to the following categories: 9 (i) Non-alcoholic beverages for consumption on or off premises, 10 including but not limited to bottled water, juice and soda beverages. 11 (ii) Food items, which may include locally produced farm products and 12 any food or food product not specifically prepared for immediate 13 consumption upon the premises. These items may be sold as single items 14 or may be combined into a package containing beer or a beer product. 15 (iii) Beer supplies and accessories, which shall include any item 16 utilized for the storage, serving or consumption of beer or for decora- 17 tive purposes. These supplies may be sold as single items or may be 18 combined into a package containing beer or a beer product. 19 (iv) Souvenir items, which shall include, but not be limited to 20 artwork, crafts, clothing, agricultural products and any other articles 21 which can be construed to propagate tourism. 22 (v) Beer produced or manufactured by any other New York state brewery 23 or farm brewery licensee. Such beer may be purchased outright by the 24 licensee from a New York state brewery or farm brewery licensee or 25 obtained on a consignment basis pursuant to a written agreement between 26 the selling and purchasing licensee. 27 (c) Notwithstanding any provision of law to the contrary, any brewery 28 licensee may charge: 29 (i) for tours of its premises; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11308-01-1A. 10549 2 1 (ii) for any beer tastings. 2 (d) The authority is hereby authorized to promulgate rules and regu- 3 lations to effectuate the purposes of this subdivision. 4 11. Notwithstanding any provision of law to the contrary, another 5 business or other businesses may operate on the licensed premises of a 6 brewery subject to such rules and regulations as the liquor authority 7 may prescribe. Such rules and regulations shall determine which busi- 8 nesses will be compatible with the policy and purposes of this chapter 9 and shall consider the effect of particular businesses on the community 10 and area in the vicinity of the brewery premises, provided however that 11 a retailer business licensed under this chapter shall not be permitted 12 to operate at a licensed manufacturing premises. 13 § 2. Section 51-a of the alcoholic beverage control law is amended by 14 adding two new subdivisions 16 and 17 to read as follows: 15 16. (a) A licensed farm brewery may manufacture, bottle and sell 16 juice, jellies and preserves, tonics, salad dressings and beer sauces on 17 and from licensed premises. 18 (b) Such license shall authorize the holder thereof to store and sell 19 gift items in a tax-paid room upon the licensed premises. These gift 20 items shall be limited to the following categories: 21 (i) Non-alcoholic beverages for consumption on or off premises, 22 including but not limited to bottled water, juice and soda beverages. 23 (ii) Food items, which may include locally produced farm products and 24 any food or food product not specifically prepared for immediate 25 consumption upon the premises. These items may be sold as single items 26 or may be combined into a package containing beer or a beer product. 27 (iii) Beer supplies and accessories, which shall include any item 28 utilized for the storage, serving or consumption of beer or for decora- 29 tive purposes. These supplies may be sold as single items or may be 30 combined into a package containing beer or a beer product. 31 (iv) Souvenir items, which shall include, but not be limited to 32 artwork, crafts, clothing, agricultural products and any other articles 33 which can be construed to propagate tourism. 34 (v) Beer produced or manufactured by any other New York state brewery 35 or farm brewery licensee. Such beer may be purchased outright by the 36 licensee from a New York state brewery or farm brewery licensee or 37 obtained on a consignment basis pursuant to a written agreement between 38 the selling and purchasing licensee. 39 (c) Notwithstanding any provision of law to the contrary, any farm 40 brewery licensee may charge: 41 (i) For tours of its premises; and 42 (ii) For any beer tastings. 43 (d) The authority is hereby authorized to promulgate rules and regu- 44 lations to effectuate the purposes of this subdivision. 45 17. Notwithstanding any provision of law to the contrary, another 46 business or other businesses may operate on the licensed premises of a 47 farm brewery subject to such rules and regulations as the liquor author- 48 ity may prescribe. Such rules and regulations shall determine which 49 businesses will be compatible with the policy and purposes of this chap- 50 ter and shall consider the effect of particular businesses on the commu- 51 nity and area in the vicinity of the farm brewery premises, provided 52 however that a retailer business licensed under this chapter shall not 53 be permitted to operate at a licensed manufacturing premises. 54 § 3. This act shall take effect immediately.
