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.
                                                                   LBD10046-01-7

        S. 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.
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