Bill Text: NY A11165 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to tastings of alcoholic beverages by manufacturers and wholesalers; provides that a licensee may not charge the consumer for a sample; provides that no more than six samples may be provided to a person in one calendar day and that such sample may not exceed five fluid ounces; makes related provisions.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2018-06-12 - referred to economic development [A11165 Detail]
Download: New_York-2017-A11165-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11165 IN ASSEMBLY June 12, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lupardo) -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to tast- ings of alcoholic beverages by manufacturers and wholesalers; 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: 1 Section 1. Section 54-b of the alcoholic beverage control law, as 2 added by chapter 232 of the laws of 2015, is amended to read as follows: 3 § 54-b. Beer tasting. 1. Any person holding a retail license to sell 4 beer under this chapter shall be permitted to conduct consumer tastings 5 of beer upon such person's licensed premises. All such tastings shall be 6 subject to the following limitations: 7 (a) Tastings of beer shall be conducted by the licensee or an author- 8 ized agent of the licensee. Provided, however, a licensed beer or cider 9 wholesaler shall not serve as the authorized agent for another entity, 10 nor shall a licensed beer or cider wholesaler be involved in any manner 11 with a beer tasting conducted by another entity. 12 (b) No more than three samples of beer may be provided to a person in 13 one calendar day. 14 (c) No sample may exceed three fluid ounces. 15 (d) No tasting shall be held during the hours prohibited by the 16 provisions of [sections one hundred five and one hundred five-a] subdi- 17 vision five of section one hundred six of this chapter. 18 (e) The licensee may not charge the consumer for any such sample. 19 [(e)] (f) Any liability stemming from a right of action resulting from 20 a tasting authorized by this section and in accordance with the 21 provisions of sections 11-100 and 11-101 of the general obligations law 22 shall accrue to the licensee. 23 [(f)] (g) No person under the age of twenty-one shall be permitted to 24 serve a sample or handle an open container of beer. 25 2. Any consumer tasting of beer authorized by this chapter by a 26 licensed manufacturer at such manufacturer's licensed premises shall be 27 subject to the following limitations: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15851-01-8A. 11165 2 1 (a) Tastings of beer shall be conducted by the licensee or an author- 2 ized agent of the licensee. Provided, however, a licensed beer or cider 3 wholesaler shall not serve as the authorized agent for another entity, 4 nor shall a licensed beer or cider wholesaler be involved in any manner 5 with a beer tasting conducted by another entity. 6 (b) No more than six samples of beer may be provided to a person in 7 one calendar day; each sample in the tasting shall be of a different 8 beer. 9 (c) No sample may exceed five fluid ounces. 10 (d) No tasting shall be held during the hours prohibited by the 11 provisions of subdivision five of section one hundred six of this chap- 12 ter. 13 (e) The licensee may charge the consumer for any such sample. 14 (f) Any liability stemming from a right of action resulting from a 15 tasting authorized by this section and in accordance with the provisions 16 of sections 11-100 and 11-101 of the general obligations law shall 17 accrue to the licensee. 18 (g) No person under the age of twenty-one shall be permitted to serve 19 a sample or handle an open container of beer. 20 3. Any other consumer tasting of beer authorized by this chapter shall 21 be subject to the provisions of subdivision one of this section. 22 § 2. Section 59-a of the alcoholic beverage control law, as added by 23 chapter 232 of the laws of 2015, is amended to read as follows: 24 § 59-a. Cider tasting. 1. Any person holding a retail license under 25 this chapter shall be permitted to conduct consumer tastings of cider 26 upon such person's licensed premises. All such tastings shall be subject 27 to the following limitations: 28 (a) Tastings of cider shall be conducted by the licensee or an author- 29 ized agent of the licensee. Provided, however, a licensed beer or cider 30 wholesaler shall not serve as the authorized agent for another entity, 31 nor shall a licensed beer or cider wholesaler be involved in any manner 32 with a cider tasting conducted by another entity. 33 (b) No more than three samples of cider may be provided to a person in 34 one calendar day. 35 (c) No sample may exceed three fluid ounces. 36 (d) No tasting shall be held during the hours prohibited by the 37 provisions of subdivision five of section one hundred [five and one38hundred five-a] six of this chapter. 39 (e) The licensee may not charge the consumer for any such sample. 40 [(e)] (f) Any liability stemming from a right of action resulting from 41 a tasting authorized by this section and in accordance with the 42 provisions of sections 11-100 and 11-101 of the general obligations law 43 shall accrue to the licensee. 44 [(f)] (g) No person under the age of twenty-one shall be permitted to 45 serve a sample or handle an open container of cider. 46 2. Any consumer tasting of cider authorized by this chapter by a 47 licensed manufacturer at such manufacturer's licensed premises shall be 48 subject to the following limitations: 49 (a) Tastings of cider shall be conducted by the licensee or an author- 50 ized agent of the licensee. Provided, however, a licensed beer or cider 51 wholesaler shall not serve as the authorized agent for another entity, 52 nor shall a licensed beer or cider wholesaler be involved in any manner 53 with a beer tasting conducted by another entity. 54 (b) No more than six samples of cider may be provided to a person in 55 one calendar day; each sample in the tasting shall be of a different 56 cider.A. 11165 3 1 (c) No sample may exceed five fluid ounces. 2 (d) No tasting shall be held during the hours prohibited by the 3 provisions of subdivision five of section one hundred six of this chap- 4 ter. 5 (e) The licensee may charge the consumer for any such sample. 6 (f) Any liability stemming from a right of action resulting from a 7 tasting authorized by this section and in accordance with the provisions 8 of sections 11-100 and 11-101 of the general obligations law shall 9 accrue to the licensee. 10 (g) No person under the age of twenty-one shall be permitted to 11 service a sample or handle an open container of cider. 12 3. Any other consumer tasting of cider authorized by this chapter 13 shall be subject to the provisions of subdivision one of this section. 14 § 3. Section 63-a of the alcoholic beverage control law, as amended by 15 chapter 232 of the laws of 2015, is amended to read as follows: 16 § 63-a. Liquor tasting. 1. (a) Any person licensed pursuant to section 17 sixty-one or sixty-two of this article shall be permitted to conduct 18 consumer tastings of liquor in establishments licensed under section 19 sixty-three of this article to sell alcoholic beverages for off-premises 20 consumption. 21 (b) Any person holding a retail license to sell liquor under this 22 chapter shall be permitted to conduct consumer tastings of liquor upon 23 such person's licensed premises. 24 2. All consumer tastings of liquor conducted pursuant to subdivision 25 one of this section shall be [conducted] subject to the following limi- 26 tations: 27 (a) tastings of liquor shall be conducted by the licensee or an 28 authorized agent of the licensee. Such licensee or agent shall be phys- 29 ically present upon the premises at all times during the conducting of 30 the consumer tasting of liquor. 31 (b) no more than a total of three samples of liquor may be provided 32 for tasting to a person in one calendar day. 33 (c) no sample of liquor for tasting may exceed one-quarter fluid ounce 34 provided, that the liquor may be mixed with non-alcoholic beverages. 35 (d) the licensee may not charge the consumer for any such sample. 36 (e) no tasting shall be held during the hours prohibited by the 37 provisions of subdivision five of section one hundred six of this chap- 38 ter. 39 (f) no person under the age of twenty-one shall be permitted to serve 40 a sample or handle an open container or liquor. 41 [(d)] (g) any liability stemming from a right of action resulting from 42 a consumer tasting of liquor authorized by this section and in accord- 43 ance with the provisions of sections 11-100 and 11-101 of the general 44 obligations law, shall accrue to the licensee, who conducted such tast- 45 ing. 46 3. Any consumer tasting of liquor authorized by this chapter by a 47 licensed manufacturer at such manufacturer's licensed premises shall be 48 subject to the following limitations: 49 (a) Tastings of liquor shall be conducted by the licensee or an 50 authorized agent of the licensee. Provided, however, a licensed beer or 51 cider wholesaler shall not serve as the authorized agent for another 52 entity, nor shall a licensed beer or cider wholesaler be involved in any 53 manner with a liquor tasting conducted by another entity. 54 (b) No more than six samples of liquor may be provided to a person in 55 one calendar day; each sample in the tasting shall be of a different 56 liquor.A. 11165 4 1 (c) No sample may exceed one-quarter fluid ounce, provided, that the 2 liquor may be mixed with non-alcoholic beverages. 3 (d) No tasting shall be held during the hours prohibited by the 4 provisions of subdivision five of section one hundred six of this chap- 5 ter. 6 (e) The licensee may charge the consumer for any such sample. 7 (f) Any liability stemming from a right of action resulting from a 8 tasting authorized by this section and in accordance with the provisions 9 of sections 11-100 and 11-101 of the general obligations law shall 10 accrue to the licensee. 11 (g) No person under the age of twenty-one shall be permitted to serve 12 a sample or handle an open container of liquor. 13 4. Any other consumer tasting of liquor authorized by this chapter 14 shall be subject to the provisions of subdivision one of this section. 15 [3.] 5. The state liquor authority shall promulgate rules and regu- 16 lations regarding liquor tastings as provided for in this section. 17 § 4. Section 80 of the alcoholic beverage control law, as amended by 18 chapter 221 of the laws of 2011, is amended to read as follows: 19 § 80. Wine tasting. 1. [Except as otherwise provided for in this chap-20ter, any] Any person [licensed to sell wine pursuant to this article, or21section sixty-three or section seventy-nine of this chapter,] holding a 22 retail or wholesale license to sell wine under this chapter shall be 23 permitted to conduct wine tastings only upon [the] such person's 24 licensed premises. [Wine tastings which are conducted under the auspices25of an official agent of a farm winery, winery, wholesaler, or importer26and where such agent is physically present at all times during the27conduct of the tasting, then, in that event, any liability stemming from28a right of action resulting from a wine tasting as authorized herein,29and in accordance with the provisions of sections 11-100 and 11-101 of30the general obligations law, shall accrue to the farm winery, winery,31wholesaler, or importer.] 32 2. All consumer tastings of wine conducted pursuant to subdivision one 33 of this section shall be subject to the following limitations: 34 (a) Tastings of wine shall be conducted by the licensee or an author- 35 ized agent of the licensee. Such licensee or agent shall be physically 36 present upon the premises at all times during the conducting of the 37 consumer tasting of wine. 38 (b) No more than a total of eighteen fluid ounces of wine may be 39 provided for tasting to a person in one calendar day. 40 (c) No sample of wine for tasting may exceed three fluid ounces. 41 (d) The licensee may not charge the consumer for any such sample. 42 (e) No tasting shall be held during the hours prohibited by the 43 provisions of subdivision five of section one hundred six of this chap- 44 ter. 45 (f) No person under the age of twenty-one shall be permitted to serve 46 a sample or handle an open container of wine. 47 (g) Any liability stemming from a right of action resulting from a 48 consumer tasting of liquor authorized by this section and in accordance 49 with the provisions of sections 11-100 and 11-101 of the general obli- 50 gations law, shall accrue to the licensee, who conducted such tasting. 51 3. Any consumer tasting of wine authorized by this chapter by a 52 licensed manufacturer at such manufacturer's licensed premises shall be 53 subject to the following limitations: 54 (a) Tastings of wine shall be conducted by the licensee or an author- 55 ized agent of the licensee. Provided, however, a licensed beer or cider 56 wholesaler shall not serve as the authorized agent for another entity,A. 11165 5 1 nor shall a licensed beer or cider wholesaler be involved in any manner 2 with a wine tasting conducted by another entity. 3 (b) No more than eighteen fluid ounces of wine may be provided to a 4 person in one calendar day; each sample in the tasting shall be of a 5 different wine. 6 (c) No sample may exceed three fluid ounces. 7 (d) No tasting shall be held during the hours prohibited by the 8 provisions of subdivision five of section one hundred six of this chap- 9 ter. 10 (e) The licensee may charge the consumer for any such sample. 11 (f) Any liability stemming from a right of action resulting from a 12 tasting authorized by this section and in accordance with the provisions 13 of sections 11-100 and 11-101 of the general obligations law shall 14 accrue to the licensee. 15 (g) No person under the age of twenty-one shall be permitted to serve 16 a sample or handle an open container of wine. 17 4. Any other consumer tasting of wine authorized by this chapter shall 18 be subject to the provisions of subdivision two of this section. 19 [2.] 5. In addition to such other wine tastings permitted under this 20 chapter, licensed farm wineries, wineries, and wine wholesalers may 21 apply for a permit, pursuant to paragraph k of subdivision one of 22 section ninety-nine-b of this chapter, to conduct wine tastings. Such 23 permits shall be valid throughout the state and may be issued on an 24 annual basis or for individual events. Each such permit and the exercise 25 of the privilege granted thereby shall be subject to such rules of the 26 liquor authority as it deems necessary. Such tastings shall be subject 27 to the provisions of subdivision two of this section. 28 § 5. Subdivision 3-a of section 51 of the alcoholic beverage control 29 law, as added by chapter 431 of the laws of 2014, is amended to read as 30 follows: 31 3-a. (a) A licensed brewer may at the licensed premises conduct tast- 32 ings of, and sell at retail for consumption on or off the licensed prem- 33 ises, any beer manufactured by the licensee or any New York state 34 labeled beer. 35 (b) Provided, however, that for tastings and sales for on-premises 36 consumption, the licensee shall regularly keep food available for sale 37 or service to its retail customers for consumption on the premises. A 38 licensee providing the following shall be deemed in compliance with this 39 provision: (i) sandwiches, soups or other such foods, whether fresh, 40 processed, pre-cooked or frozen; and/or (ii) food items intended to 41 complement the tasting of alcoholic beverages, which shall mean a diver- 42 sified selection of food that is ordinarily consumed without the use of 43 tableware and can be conveniently consumed while standing or walking, 44 including but not limited to: cheeses, fruits, vegetables, chocolates, 45 breads, mustards and crackers. 46 (c) All of the provisions of this chapter relative to licenses to sell 47 beer at retail for consumption on and off the premises shall apply so 48 far as applicable to such licensee. 49 (d) The provisions of subdivision two of section fifty-four-b of this 50 chapter shall apply to any such tasting. 51 § 6. Paragraph (d) of subdivision 8 of section 51 of the alcoholic 52 beverage control law is REPEALED. 53 § 7. Paragraphs (f) and (i) of subdivision 2 of section 51-a of the 54 alcoholic beverage control law, as added by chapter 108 of the laws of 55 2012, are amended to read as follows:A. 11165 6 1 (f) conduct tastings at the licensed premises of beer and cider manu- 2 factured by the licensee or any other licensed farm brewery. The 3 provisions of subdivision two of section fifty-four-b and subdivision 4 two of section fifty-nine-a of this chapter shall apply to any such 5 tasting of beer or cider; 6 (i) conduct tastings of and sell at retail for consumption off the 7 premises New York state labelled wine manufactured by a licensed winery 8 or licensed farm winery. The provisions of subdivision three of section 9 eighty of this chapter shall apply to any such tasting of wine; 10 § 8. Paragraph (j) of subdivision 2 of section 51-a of the alcoholic 11 beverage control law, as added by chapter 384 of the laws of 2013, is 12 amended to read as follows: 13 (j) conduct tastings of and sell at retail for consumption off the 14 premises New York state labelled cider manufactured by a licensed cider 15 producer or licensed farm cidery. The provisions of subdivision two of 16 section fifty-nine-a of this chapter shall apply to any such tasting of 17 cider; 18 § 9. Paragraph (k) of subdivision 2 of section 51-a of the alcoholic 19 beverage control law, as added by chapter 108 of the laws of 2012 and as 20 relettered by chapter 384 of the laws of 2013, is amended to read as 21 follows: 22 (k) conduct tastings of and sell at retail for consumption off the 23 premises New York state labelled liquor manufactured by a licensed 24 distiller or licensed farm distiller[; provided, however, that no25consumer may be provided, directly or indirectly: (i) with more than26three samples of liquor for tasting in one calendar day; or (ii) with a27sample of liquor for tasting equal to more than one-quarter fluid28ounce]. The provisions of subdivision three of section sixty-three-a of 29 this chapter shall apply to any such tasting of liquor; and 30 § 10. Paragraph (b) of subdivision 3 of section 52 of the alcoholic 31 beverage control law, as added by chapter 422 of the laws of 2016, is 32 amended to read as follows: 33 (b) conduct beer tastings for those individuals taking such classes 34 and/or using such facility for brewing purposes at the licensed facility 35 provided that the tastings shall be subject to [the following limita-36tions:37(i) tastings shall be conducted by the licensee or by an official38agent of the licensee. Such licensee or agent shall be physically pres-39ent at all times during the conduct of the tastings; and40(ii) any liability stemming from a right of action resulting from a41tasting of beer as authorized herein and in accordance with the42provisions of sections 11-100 and 11-101 of the general obligations law,43shall accrue to the custom beermakers' center] the provisions of subdi- 44 vision one of section fifty-four-b of this article. 45 § 11. Subdivision 2 of section 58 of the alcoholic beverage control 46 law, as added by chapter 347 of the laws of 1999, is amended to read as 47 follows: 48 2. (a) Any person licensed pursuant to subdivision one of this section 49 may conduct cider tastings of New York state labelled ciders in estab- 50 lishments licensed pursuant to section sixty-three of this chapter to 51 sell alcoholic beverages for off-premises consumption. Such tastings 52 shall be subject to the provisions of subdivision one of section fifty- 53 nine-a of this article, provided, that the cider producer or wholesaler 54 may charge a fee of not more than twenty-five cents for each cider 55 sample tasted. The liquor authority shall promulgate rules and regu- 56 lations relating to the conduct of such tastings.A. 11165 7 1 (b) Any person licensed pursuant to subdivision one of this section 2 may conduct cider tastings of New York state labelled ciders and apply 3 to the liquor authority for a permit to sell cider produced by such 4 cider producer or wholesaler, by the bottle, during such tastings in 5 establishments licensed pursuant to section sixty-four of this chapter 6 to sell alcoholic beverages for consumption on the premises. Such tast- 7 ings shall be subject to the provisions of subdivision one of section 8 fifty-nine-a of this article, provided, that the cider producer or 9 wholesaler may charge a fee of not more than twenty-five cents for each 10 cider sample tasted. The liquor authority shall promulgate rules and 11 regulations relating to the conduct of tastings. 12 [(c) Cider tastings shall be conducted subject to the following limi-13tations:14(i) cider tastings shall be conducted by an official agent, represen-15tative or solicitor of one or more cider producers or wholesalers. Such16agent, representative or solicitor shall be physically present at all17times during the conduct of the tastings; and18(ii) any liability stemming from a right of action resulting from a19cider tasting as authorized pursuant to this subdivision and in accord-20ance with the provisions of sections 11-100 and 11-101 of the general21obligations law, shall accrue to the cider producer or wholesaler licen-22see.] 23 § 12. Paragraphs (b), (d) and (e) of subdivision 3-a of section 58 of 24 the alcoholic beverage control law, paragraph (b) as amended by chapter 25 171 of the laws of 2017, paragraphs (d) and (e) as amended by chapter 26 384 of the laws of 2013, are amended to read as follows: 27 (b) conduct tastings at the licensed premises of such cider or any 28 other New York state labeled cider. The provisions of subdivision two of 29 section fifty-nine-a of this article shall apply to any such tasting of 30 cider; 31 (d) sell and conduct tastings of such cider at retail for consumption 32 on the premises of a restaurant, conference center, inn, bed and break- 33 fast or hotel business owned and operated by the licensee in or adjacent 34 to its farm cidery. A licensee who operates a restaurant, conference 35 center, inn, bed and breakfast or hotel pursuant to such authority shall 36 comply with all applicable provisions of this chapter which relate to 37 licenses to sell cider at retail for consumption on the premises. The 38 provisions of subdivision two of section fifty-nine-a of this article 39 shall apply to any such tasting of cider; 40 (e) apply for a permit to conduct tastings away from the licensed 41 premises of such cider. Such permit shall be valid throughout the state 42 and may be issued on an annual basis or for individual events. Each such 43 permit and the exercise of the privilege granted thereby shall be 44 subject to such rules and conditions of the authority as it deems neces- 45 sary. Tastings shall be conducted subject to the [following conditions:46(i) tastings shall be conducted by an official agent, representative47or solicitor of the licensee. Such agent, representative or solicitor48shall be physically present at all times during the conduct of the tast-49ings; and50(ii) any liability stemming from a right of action resulting from a51tasting of cider as authorized herein and in accordance with the52provisions of sections 11-100 and 11-101 of the general obligations law,53shall accrue to the licensee] provisions of subdivision one of section 54 fifty-nine-a of this article.A. 11165 8 1 § 13. Subparagraph (i) of paragraph (f) of subdivision 2 of section 2 58-c of the alcoholic beverage control law, as amended by chapter 431 of 3 the laws of 2014, is amended to read as follows: 4 (i) at the licensed premises, conduct tastings of, and sell at retail 5 for consumption on or off the licensed premises, any cider manufactured 6 by the licensee or any New York state labeled cider. Provided, however, 7 for tastings and sales for on-premises consumption, the licensee shall 8 regularly keep food available for sale or service to its retail custom- 9 ers for consumption on the premises. A licensee providing the following 10 shall be deemed in compliance with this provision: (A) sandwiches, soups 11 or other such foods, whether fresh, processed, pre-cooked or frozen; 12 and/or (B) food items intended to complement the tasting of alcoholic 13 beverages, which shall mean a diversified selection of food that is 14 ordinarily consumed without the use of tableware and can be conveniently 15 consumed while standing or walking, including but not limited to: chees- 16 es, fruits, vegetables, chocolates, breads, mustards and crackers. All 17 of the provisions of this chapter relative to licensees selling cider at 18 retail shall apply. The provisions of subdivision two of section fifty- 19 nine-a of this article shall apply to any such tasting of cider; and 20 § 14. Paragraphs (h), (i) and (j) of subdivision 2 of section 58-c of 21 the alcoholic beverage control law, as amended by chapter 327 of the 22 laws of 2016, are amended to read as follows: 23 (h) conduct tastings of and sell at retail for consumption on or off 24 the premises New York state labeled beer manufactured by a licensed 25 brewery or licensed farm brewery. The provisions of subdivision two of 26 section fifty-four-b of this chapter shall apply to any such tasting of 27 beer; 28 (i) conduct tastings of and sell at retail for consumption on or off 29 the premises New York state labelled wine manufactured by a licensed 30 winery or licensed farm winery. The provisions of subdivision three of 31 section eighty of this chapter shall apply to any such tasting of wine; 32 (j) conduct tastings of and sell at retail for consumption on or off 33 the premises New York state labelled liquor manufactured by a licensed 34 distiller or licensed farm distiller[; provided, however, that no35consumer may be provided, directly or indirectly: (i) with more than36three samples of liquor for tasting in one calendar day; or (ii) with a37sample of liquor for tasting equal to more than one-quarter fluid38ounce]. The provisions of subdivision three of section sixty-three-a of 39 this chapter shall apply to any such tasting of liquor; and 40 § 15. Subdivision 3 of section 58-c of the alcoholic beverage control 41 law, as added by chapter 384 of the laws of 2013, is amended to read as 42 follows: 43 3. (a) A farm cidery licensee may apply for a permit to conduct tast- 44 ings away from the licensed premises of cider produced by the licensee. 45 Such permit shall be valid throughout the state and may be issued on an 46 annual basis or for individual events. Each such permit and the exercise 47 of the privilege granted thereby shall be subject to such rules and 48 conditions of the authority as it deems necessary. 49 (b) Tastings shall be conducted subject to the [following limitations:50(i) tastings shall be conducted by an official agent, representative51or solicitor of one or more farm cideries. Such agent, representative or52solicitor shall be physically present at all times during the conduct of53the tastings; and54(ii) any liability stemming from a right of action resulting from a55tasting of cider as authorized herein and in accordance with the56provisions of sections 11-100 and 11-101 of the general obligations law,A. 11165 9 1shall accrue to the farm cidery] provisions of subdivision one of 2 section fifty-nine-a of this article. 3 § 16. Paragraph (b) of subdivision 3 of section 58-d of the alcoholic 4 beverage control law, as added by chapter 422 of the laws of 2016, is 5 amended to read as follows: 6 (b) conduct cider tastings for those individuals taking such classes 7 and/or using such facility for the production of cider at the licensed 8 facility provided that the tastings shall be subject to the [following9limitations:10(i) tastings shall be conducted by the licensee or by an official11agent of the licensee. Such licensee or agent shall be physically pres-12ent at all times during the conduct of the tastings; and13(ii) any liability stemming from a right of action resulting from a14tasting of cider as authorized herein and in accordance with the15provisions of sections 11-100 and 11-101 of the general obligations law,16shall accrue to such center] provisions of subdivision one of section 17 fifty-nine-a of this article. 18 § 17. Subparagraphs (v), (vi) and (vii) of paragraph (a) of subdivi- 19 sion 2-c of section 61 of the alcoholic beverage control law, as amended 20 by chapter 103 of the laws of 2017, are amended to read as follows: 21 (v) To conduct tastings of and sell at retail for consumption on or 22 off the premises New York state labelled beer manufactured by a licensed 23 brewer or licensed farm brewery. The provisions of subdivision two of 24 section fifty-four-b of this chapter shall apply to any such tasting of 25 beer; 26 (vi) To conduct tastings of and sell at retail for consumption on or 27 off the premises New York state labelled cider manufactured by a 28 licensed brewer, licensed farm brewery, licensed farm winery, licensed 29 cider producer or licensed farm cidery. The provisions of subdivision 30 two of section fifty-nine-a of this chapter shall apply to any such 31 tasting of cider; and 32 (vii) To conduct tastings of and sell at retail for consumption on or 33 off the premises New York state labelled wine manufactured by a licensed 34 winery or licensed farm winery. The provisions of subdivision three of 35 section eighty of this chapter shall apply to any such tasting of wine. 36 § 18. Paragraph (c) of subdivision 2-c of section 61 of the alcoholic 37 beverage control law, as amended by chapter 454 of the laws of 2008, the 38 opening paragraph as amended by chapter 484 of the laws of 2012, is 39 amended to read as follows: 40 (c) A licensed farm distillery may conduct upon the licensed premises, 41 or at approved locations as permitted in subdivision six of this 42 section, consumer tastings of liquor manufactured by the licensee and 43 from no more than three other class A, A-1, B, B-1, C or D distilleries, 44 subject to the following limitations: 45 (i) Only liquor manufactured primarily from farm and food products, as 46 defined in subdivision two of section two hundred eighty-two of the 47 agriculture and markets law, shall be used in the tastings; 48 (ii) [An official agent, servant or employee of the licensee shall be49physically present at all times during the conduct of the consumer tast-50ing of liquor;51(iii) No consumer may be provided, directly or indirectly: (A) more52than three samples of liquor for tasting in one calendar day; or (B)53with a sample of liquor for tasting equal to more than one-quarter fluid54ounce;55(iv) Any liability stemming from a right of action resulting from a56consumer tasting of liquor authorized by this paragraph and in accord-A. 11165 10 1ance with the provisions of sections 11-100 and 11-101 of the general2obligations law, shall accrue to the licensee] The provisions of subdi- 3 vision three of section sixty-three-a of this article shall apply to any 4 such tasting of liquor at the licensed premises. 5 § 19. Subdivision 6 of section 61 of the alcoholic beverage control 6 law, as added by chapter 484 of the laws of 2012, is amended to read as 7 follows: 8 6. Any person having applied for and received a license as a farm 9 distillery under this section may conduct consumer tastings of liquor 10 pursuant to rules or regulations promulgated by the liquor authority, 11 and subject to the [limitations set forth in paragraph c of subdivision12two-c of this section] provisions of subdivision two of section sixty- 13 three-a of this article at the state fair, at recognized county fairs 14 and at farmers' markets operated on a not-for-profit basis. 15 § 20. Subdivision 3 of section 76 of the alcoholic beverage control 16 law, as amended by chapter 221 of the laws of 2011, is amended to read 17 as follows: 18 3. (a) Any person having applied for and received a license as a 19 winery under this section may conduct wine tastings of New York state 20 labelled wines in establishments licensed under sections sixty-three and 21 seventy-nine of this chapter to sell wine for off-premises consumption. 22 Such tastings shall be subject to the provisions of subdivision two of 23 section eighty of this article, provided, that the winery may charge a 24 fee for each wine sample tasted. The state liquor authority shall 25 promulgate rules and regulations regarding such tastings as provided for 26 in this subdivision. 27 [(a-1)] (b) Any person having applied for and received a license as a 28 winery under this section may conduct wine tastings of New York state 29 labelled wines and apply to the liquor authority for a permit to sell 30 wine produced by such winery by the bottle, during such tastings in 31 establishments licensed under section sixty-four, section sixty-four-a, 32 section eighty-one or section eighty-one-a of this chapter to sell wine 33 for consumption on the premises. Such tastings shall be subject to the 34 provisions of subdivision two of section eighty of this article, 35 provided, that the winery may charge a fee of no more than twenty-five 36 cents for each wine sample tasted. The state liquor authority shall 37 promulgate rules and regulations regarding such tastings as provided for 38 in this subdivision. 39 [(b) Tastings shall be conducted subject to the following limitations:40(i) wine tastings shall be conducted by an official agent, represen-41tative or solicitor of one or more wineries. Such agent, representative42or solicitor shall be physically present at all times during the conduct43of the tastings; and44(ii) any liability stemming from a right of action resulting from a45wine tasting as authorized herein and in accordance with the provisions46of sections 11-100 and 11-101 of the general obligations law, shall47accrue to the winery licensee.] 48 (c)(i) Any person having applied for and received a license as a 49 winery under this section may conduct wine tastings of New York state 50 labelled wines and sell such wine by the bottle, during such tasting, 51 for off-premises consumption at outdoor or indoor gatherings, functions, 52 occasions or events, within the hours fixed by or pursuant to subdivi- 53 sion fourteen of section one hundred five of this chapter, sponsored by 54 a bona fide charitable organization. Such tastings shall be subject to 55 the provisions of subdivision two of section eighty of this article. For 56 the purposes of this paragraph, a bona fide charitable organizationA. 11165 11 1 shall mean and include any bona fide religious or charitable organiza- 2 tion or bona fide educational, fraternal or service organization or bona 3 fide organization of veterans or volunteer firefighters, which by its 4 charter, certificate of incorporation, constitution, or act of the 5 legislature, shall have among its dominant purposes one or more of the 6 lawful purposes as defined in subdivision five of section one hundred 7 eighty-six of the general municipal law. 8 (ii) Upon application, the liquor authority shall issue an annual 9 permit authorizing such winery to participate in outdoor or indoor gath- 10 erings, functions, occasions or events sponsored by a charitable organ- 11 ization. The winery must give the authority written or electronic 12 notice of the date, time and specific location of each tasting at least 13 fifteen days prior to the tasting. A winery that obtains a permit to 14 conduct such wine tastings does not need to apply for or obtain a tempo- 15 rary beer or wine permit pursuant to section ninety-seven of this chap- 16 ter or any other permit to conduct such a tasting or to sell wine by the 17 bottle for off-premises consumption at such tastings. 18 (iii) Such winery may charge a fee for each wine sample tasted. Tast- 19 ings shall be conducted by an official agent, representative or solici- 20 tor of such winery. The state liquor authority may promulgate rules and 21 regulations regarding such tastings as provided for in this subdivision. 22 § 21. Subdivision 4 of section 76 of the alcoholic beverage control 23 law, as amended by chapter 171 of the laws of 2017, is amended to read 24 as follows: 25 4. A licensed winery may at the licensed premises, conduct tastings 26 of, and sell at retail for consumption on or off the licensed premises, 27 any wine or wine product manufactured by the licensee or any New York 28 state labeled wine or New York state labeled wine product or any New 29 York state labeled cider. Provided, however, for tastings and sales for 30 on-premises consumption, the licensee shall regularly keep food avail- 31 able for sale or service to its retail customers for consumption on the 32 premises. A licensee providing the following shall be deemed in compli- 33 ance with this provision: (i) sandwiches, soups or other such foods, 34 whether fresh, processed, pre-cooked or frozen; and/or (ii) food items 35 intended to complement the tasting of alcoholic beverages, which shall 36 mean a diversified selection of food that is ordinarily consumed without 37 the use of tableware and can be conveniently consumed while standing or 38 walking, including but not limited to: cheeses, fruits, vegetables, 39 chocolates, breads, mustards and crackers. All of the provisions of this 40 chapter relative to licenses to sell wine at retail for consumption on 41 or off the premises shall apply so far as applicable to such licensee. 42 The provisions of subdivision three of section eighty of this article 43 shall apply to any such tasting of wine. 44 § 22. Paragraph (c) of subdivision 11 of section 76 of the alcoholic 45 beverage control law, as added by chapter 221 of the laws of 2011, is 46 amended to read as follows: 47 (c) Notwithstanding any provision of this chapter to the contrary, any 48 winery licensee may charge[:49(i) For] for tours of its premises[; and50(ii) For any wine tastings]. 51 § 23. Subdivision 3 of section 76-a of the alcoholic beverage control 52 law, as added by chapter 221 of the laws of 2011, is amended to read as 53 follows: 54 3. (a) Any person having applied for and received a license as a farm 55 winery under this section may conduct wine tastings of New York state 56 labelled wines in establishments licensed under section sixty-three ofA. 11165 12 1 this chapter and section seventy-nine of this article to sell wine for 2 off-premises consumption. Such tastings shall be subject to the 3 provisions of subdivision two of section eighty of this article, 4 provided, that the farm winery may charge a fee for each wine sample 5 tasted. The state liquor authority shall promulgate rules and regu- 6 lations regarding such tastings as provided for in this subdivision. 7 (b) Any person having applied for and received a license as a farm 8 winery under this section may conduct wine tastings of New York state 9 labelled wines and apply to the liquor authority for a permit to sell 10 wine produced by such farm winery, by the bottle, during such tastings 11 in establishments licensed under sections sixty-four and sixty-four-a of 12 this chapter and section eighty-one or section eighty-one-a of this 13 article to sell wine for consumption on the premises. Such tastings 14 shall be subject to the provisions of subdivision two of section eighty 15 of this article, provided, that the farm winery may charge a fee of no 16 more than twenty-five cents for each wine sample tasted. The state 17 liquor authority shall promulgate rules and regulations regarding such 18 tastings as provided for in this subdivision. 19 [(c) Tastings shall be conducted subject to the following limitations:20(i) wine tastings shall be conducted by an official agent, represen-21tative or solicitor of one or more farm wineries. Such agent, represen-22tative or solicitor shall be physically present at all times during the23conduct of the tastings; and24(ii) any liability stemming from a right of action resulting from a25wine tasting as authorized herein and in accordance with the provisions26of sections 11-100 and 11-101 of the general obligations law, shall27accrue to the farm winery.28(d)] (c) (i) Any person having applied for and received a license as a 29 farm winery under this section may conduct wine tastings of New York 30 state labelled wines and sell such wine by the bottle, during such tast- 31 ing, for off-premises consumption at outdoor or indoor gatherings, func- 32 tions, occasions or events, within the hours fixed by or pursuant to 33 subdivision fourteen of section one hundred five of this chapter, spon- 34 sored by a bona fide charitable organization. Such tastings shall be 35 subject to the provisions of subdivision two of section eighty of this 36 article. For the purposes of this paragraph, a bona fide charitable 37 organization shall mean and include any bona fide religious or charita- 38 ble organization or bona fide educational, fraternal or service organ- 39 ization or bona fide organization of veterans or volunteer firefighters, 40 which by its charter, certificate of incorporation, constitution, or act 41 of the legislature, shall have among its dominant purposes one or more 42 of the lawful purposes as defined in subdivision five of section one 43 hundred eighty-six of the general municipal law. 44 (ii) Upon application, the liquor authority shall issue an annual 45 permit authorizing such farm winery to participate in such outdoor or 46 indoor gatherings, functions, occasions or events sponsored by a chari- 47 table organization. The farm winery must give the authority written or 48 electronic notice of the date, time and specific location of each tast- 49 ing at least fifteen days prior to the tasting. A farm winery that 50 obtains a permit to conduct such wine tastings does not need to apply 51 for or obtain a temporary beer or wine permit pursuant to section nine- 52 ty-seven of this chapter or any other permit to conduct such a tasting 53 or to sell wine by the bottle for off-premises consumption at such tast- 54 ings. 55 (iii) [Such farm winery may charge a fee for each wine sample tasted.56Tastings shall be conducted by an official agent, representative orA. 11165 13 1solicitor of such farm winery.] The state liquor authority may adopt 2 rules and regulations regarding such tastings as provided in this subdi- 3 vision. 4 § 24. Paragraph (e) of subdivision 4 of section 76-a of the alcoholic 5 beverage control law, as added by chapter 221 of the laws of 2011, is 6 amended to read as follows: 7 (e) Notwithstanding any provision of this chapter to the contrary, any 8 farm winery licensee may charge[:9(i) For] for tours of its premises[; and10(ii) For any wine tastings]. 11 § 25. Paragraph (f) of subdivision 6 of section 76-a of the alcoholic 12 beverage control law, as amended by chapter 571 of the laws of 2008, is 13 amended to read as follows: 14 (f) Conduct tastings of New York state labelled liquors manufactured 15 by the holder of a class A-1, B-1, or C distiller's license. [All liquor16tastings conducted pursuant to this paragraph shall be conducted in the17same manner as tastings of brandy pursuant to section seventy-six-e of18this article.] The provisions of subdivision three of section sixty- 19 three-a of this chapter shall apply to any such tasting of liquor. 20 § 26. Paragraph (g) of subdivision 6 of section 76-a of the alcoholic 21 beverage control law, as added by chapter 108 of the laws of 2012, is 22 amended to read as follows: 23 (g) Conduct tastings of and sell at retail for consumption off the 24 premises New York state labelled beer manufactured by a licensed brewer 25 or farm brewery. The provisions of subdivision two of section fifty- 26 four-b of this chapter shall apply to any such tasting of beer. 27 § 27. Paragraph (h) of subdivision 6 of section 76-a of the alcoholic 28 beverage control law, as amended by chapter 384 of the laws of 2013, is 29 amended to read as follows: 30 (h) Conduct tastings of and sell at retail for consumption off the 31 premises New York state labelled cider manufactured by a licensed brew- 32 er, licensed farm brewery, licensed farm winery, licensed cider producer 33 or licensed farm cidery. The provisions of subdivision two of section 34 fifty-nine-a of this chapter shall apply to any such tasting of cider. 35 § 28. Paragraph (b) of subdivision 3 of section 77 of the alcoholic 36 beverage control law, as added by chapter 422 of the laws of 2016, is 37 amended to read as follows: 38 (b) conduct wine tastings for those individuals taking such classes 39 and/or using such facilities for the production of wine at the licensed 40 facility provided that the tastings shall be subject to the [following41limitations:42(i) tastings shall be conducted by the licensee or by an official43agent of the licensee. Such licensee or agent shall be physically pres-44ent at all times during the conduct of the tastings; and45(ii) any liability stemming from a right of action resulting from a46tasting of wine as authorized herein and in accordance with the47provisions of sections 11-100 and 11-101 of the general obligations law,48shall accrue to such center] provisions of subdivision two of section 49 eighty of this article. 50 § 29. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on and after March 1, 2018.
