Bill Text: NY S05372 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to distiller licenses.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2018-06-19 - referred to economic development [S05372 Detail]
Download: New_York-2017-S05372-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5372 2017-2018 Regular Sessions IN SENATE March 23, 2017 ___________ Introduced by Sens. VALESKY, BOYLE -- (at request of the State Liquor Authority) -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the alcoholic beverage control law, in relation to expanding privileges of distiller licenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (v), (vi) and (vii) of paragraph (a) of 2 subdivision 2-c of section 61 of the alcoholic beverage control law, as 3 amended by chapter 384 of the laws of 2013, are amended to read as 4 follows: 5 (v) To conduct tastings of and sell at retail for consumption on or 6 off the premises New York state labelled beer manufactured by a licensed 7 brewer or licensed farm brewery; 8 (vi) To conduct tastings of and sell at retail for consumption on or 9 off the premises New York state labelled cider manufactured by a 10 licensed brewer, licensed farm brewery, licensed farm winery, licensed 11 cider producer or licensed farm cidery; and 12 (vii) To conduct tastings of and sell at retail for consumption on or 13 off the premises New York state labelled wine manufactured by a licensed 14 winery or licensed farm winery. 15 § 2. Subdivision 1-a of section 61 of the alcoholic beverage control 16 law, as amended by chapter 431 of the laws of 2014, is amended to read 17 as follows: 18 1-a. (a) A class A-1 distiller's license shall authorize the holder 19 thereof to operate a distillery which has a production capacity of no 20 more than seventy-five thousand gallons per year for the manufacture of 21 liquors by distillation or redistillation at the premises specifically 22 designated in the license. Such a license shall also authorize the sale 23 in bulk by such licensee from the licensed premises of the products EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10046-01-7S. 5372 2 1 manufactured under such license to any person holding a winery license, 2 farm winery license, distiller's class A license, a distiller's class B 3 license or a permittee engaged in the manufacture of products which are 4 unfit for beverage use. It shall also authorize the sale from the 5 licensed premises and from one other location in the state of New York 6 of liquors manufactured by such licensee to a wholesale or retail liquor 7 licensee or permittee in sealed containers of not more than one quart 8 each. In addition, it shall authorize such licensee to sell from the 9 licensed premises New York state labelled liquors to licensed farm 10 wineries, farm breweries, farm distilleries and farm cideries in sealed 11 containers of not more than one quart for retail sale for off-premises 12 consumption. Such license shall also include the privilege to operate a 13 rectifying plant under the same terms and conditions as the holder of a 14 class B-1 distiller's license without the payment of any additional fee. 15 (b) A distiller licensed under paragraph (a) of this subdivision may 16 at the licensed premises, conduct tastings of, and sell at retail for 17 consumption on or off the licensed premises, any liquor manufactured by 18 the licensee or any New York state labelled liquor. Provided, however, 19 for tastings and sales for on-premises consumption, the licensee shall 20 regularly keep food available for sale or service to its retail custom- 21 ers for consumption on the premises. A licensee providing the following 22 shall be deemed in compliance with this provision: (i) sandwiches, soups 23 or other such foods, whether fresh, processed, pre-cooked or frozen; 24 and/or (ii) food items intended to complement the tasting of alcoholic 25 beverages, which shall mean a diversified selection of food that is 26 ordinarily consumed without the use of tableware and can be conveniently 27 consumed while standing or walking, including but not limited to: chees- 28 es, fruits, vegetables, chocolates, breads, mustards and crackers. All 29 of the provisions of this chapter relative to licenses to sell liquor at 30 retail for consumption on or off the premises shall apply so far as 31 applicable to such licensee. 32 (c) A distiller licensed under paragraph (a) of this subdivision may 33 operate a restaurant, hotel, catering establishment, or other food and 34 drinking establishment in or adjacent to the licensed premises and sell 35 at such place, at retail for consumption on the premises, liquor manu- 36 factured by the licensee and any New York state labelled liquor. All of 37 the provisions of this chapter relative to licenses to sell liquor at 38 retail for consumption on the premises shall apply so far as applicable 39 to such licensee. 40 (d) Notwithstanding any other provision of law, distillers licensed 41 under paragraph (a) of this subdivision may apply to the liquor authori- 42 ty for a license to sell liquor, wine or beer at retail for consumption 43 on the premises. All of the provisions of this chapter relative to 44 licenses to sell beer, wine, or liquor at retail for consumption on the 45 premises shall apply so far as applicable to such application. 46 § 3. This act shall take effect immediately.