Bill Text: NY S05853 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to expanding the privileges of farm breweries, cideries, wineries and distilleries to allow for the sales of "farm brewed" alcoholic beverages for off-premises consumption.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05853 Detail]

Download: New_York-2017-S05853-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5853--A
            Cal. No. 433
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 3, 2017
                                       ___________
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
        AN ACT to amend the alcoholic beverage control law, in relation to  more
          closely  align  the  privileges of farm distilleries with other privi-
          leges enjoyed by farmers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  25  of  section  3 of the alcoholic beverage
     2  control law is amended to read as follows:
     3    25. "Retail sale" or "sale at retail" means a sale to a consumer or to
     4  any person for any purpose other than for resale. Such  sale  may  occur
     5  during a tasting or during any other activities where permitted by law.
     6    §  2.  Subparagraphs (v) and (vii) of paragraph (a) of subdivision 2-c
     7  of section 61 of the alcoholic beverage control law, as amended by chap-
     8  ter 103 of the laws of 2017, are amended to read as follows:
     9    (v) To conduct tastings of and sell at retail for  consumption  on  or
    10  off  the  premises  New  York  state  labelled  beer  manufactured by [a
    11  licensed brewer] either a brewer licensed in New York state or [licensed
    12  farm brewery] a farm brewery licensed in New York state;
    13    (vii) To conduct tastings of and sell at retail for consumption on  or
    14  off  the  premises New York state labelled wine manufactured by either a
    15  licensed winery licensed in New York state or  a  licensed  farm  winery
    16  licensed in New York state.
    17    §  3.  Paragraph (e) of subdivision 2-c of section 61 of the alcoholic
    18  beverage control law, as amended by chapter 431 of the laws of 2014,  is
    19  amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11320-03-8
        S. 5853--A                          2
     1    (e)  Notwithstanding  any  other provision of law to the contrary, the
     2  holder of a farm distillery license may (i) sell at retail for  consump-
     3  tion  on the licensed premises[,]: any liquor manufactured by the licen-
     4  see or any New York state labeled liquor, or any alcoholic beverage  for
     5  consumption  on  the  licensed  premises  pursuant  to this subdivision.
     6  Provided, however, the licensee shall regularly keep food available  for
     7  sale or service to its retail customers for consumption on the premises.
     8  A  licensee  providing  the following shall be deemed in compliance with
     9  this provision:  sandwiches, soups or other such foods,  whether  fresh,
    10  processed,  pre-cooked or frozen; and/or food items intended to [compli-
    11  ment] complement the tasting of alcoholic beverages, which shall mean  a
    12  diversified  selection  of  food that is ordinarily consumed without the
    13  use of tableware and can be  conveniently  consumed  while  standing  or
    14  walking, including but not limited to: cheese, fruits, vegetables, choc-
    15  olates,  breads,  mustards  and  crackers. All of the provisions of this
    16  chapter relative to licenses to sell liquor at retail for consumption on
    17  the premises shall apply so far as applicable to such licensee; and
    18    (ii) operate a restaurant, hotel,  catering  establishment,  or  other
    19  food  and drinking establishment in or adjacent to the licensed premises
    20  and sell at such place, in addition to any food items or other purchased
    21  items, at retail for consumption on the premises, only  liquor  manufac-
    22  tured  by the licensee and any New York state labeled liquor. All of the
    23  provisions of this chapter relative to licenses to sell liquor at retail
    24  for consumption on [the] such premises shall apply so far as  applicable
    25  to such licensee. Notwithstanding any other provision of law, the licen-
    26  see  may apply to the authority for a license under this chapter to sell
    27  other alcoholic beverages at retail for consumption on the  premises  at
    28  such  establishment.  The privileges contained in this subdivision shall
    29  not extend to the premises of a restaurant, hotel or catering establish-
    30  ment.
    31    § 4. Paragraphs (e) and (f) of subdivision 2 of section  76-a  of  the
    32  alcoholic  beverage control law, paragraph (e) as amended by chapter 328
    33  of the laws of 2016 and paragraph (f) as amended by chapter 431  of  the
    34  laws of 2014, are amended to read as follows:
    35    (e)  sell at the licensed premises at retail for consumption on or off
    36  the licensed premises: cider and wine manufactured by  the  licensee  or
    37  any  other  licensed  farm winery[, and beer and spirits manufactured by
    38  any licensed farm brewery or farm distillery, at retail for  consumption
    39  on  or off the licensed premises]; New York state labeled cider manufac-
    40  tured by any of the following so long as it  is  licensed  in  New  York
    41  state  by  a  brewer,  farm  brewer,  winery,  cider producer, or a farm
    42  cidery; New York state labeled beer  manufactured  by  either  a  brewer
    43  licensed in New York state or a farm brewery licensed in New York state;
    44  and  New  York  state labeled liquor manufactured by either a distillery
    45  licensed in New York state or a farm distillery  licensed  in  New  York
    46  state;
    47    (f) operate a restaurant, hotel, catering establishment, or other food
    48  and  drinking  establishment in or adjacent to the licensed premises and
    49  sell at such place, in addition to any food  items  or  other  permitted
    50  items,  at  retail for consumption on the premises, wine, cider and wine
    51  products manufactured by the licensee and any  New  York  state  labeled
    52  wine,  New York state labeled cider or New York state labeled wine prod-
    53  uct. All of the provisions of this chapter relative to licenses to  sell
    54  wine  at  retail  for  consumption on the premises shall apply so far as
    55  applicable to such licensee. Notwithstanding any other provision of law,
    56  the licensed winery may apply to the authority for a license under arti-
        S. 5853--A                          3
     1  cle four of this chapter to sell other alcoholic beverages at retail for
     2  consumption on the premises  at  such  establishment.    The  privileges
     3  contained in paragraphs (e), (f), (g) and (h) of subdivision six of this
     4  section  shall  not  extend  to  the  premises of a restaurant, hotel or
     5  catering establishment.
     6    § 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a
     7  of the alcoholic beverage control law, paragraphs (e) and (f) as amended
     8  by chapter 571 of the laws of 2008, paragraph (g) as  added  by  chapter
     9  108  of  the laws of 2012 and paragraph (h) as amended by chapter 384 of
    10  the laws of 2013, are amended to read as follows:
    11    (e) Sell for consumption on or off  the  licensed  premises  New  York
    12  state  labelled  liquors manufactured by the holder of a class A-1, B-1,
    13  or C distiller's license.
    14    (f) Conduct tastings on  the  licensed  premises  of  New  York  state
    15  labelled  liquors  manufactured  by the holder of a class A-1, B-1, or C
    16  distiller's license or by a farm distillery licensed in New York  state.
    17  All  liquor  tastings  conducted  pursuant  to  this  paragraph shall be
    18  conducted in the same manner as tastings of brandy pursuant  to  section
    19  seventy-six-e of this article.
    20    (g)  Conduct  tastings of and sell at retail for consumption on or off
    21  the licensed premises New  York  state  labelled  beer  manufactured  by
    22  either  a [licensed] brewer licensed in New York state or a farm brewery
    23  licensed in New York state.
    24    (h) Conduct tastings of and sell at retail for consumption on  or  off
    25  the  licensed premises New York state labelled cider manufactured by [a]
    26  any of the following so long as it is licensed  in  New  York  state:  a
    27  brewer licensed in New York state, [licensed] a farm brewery licensed in
    28  New  York  state,  a  winery,  [licensed]  farm winery, [licensed] cider
    29  producer or [licensed] farm cidery.
    30    § 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c
    31  of the alcoholic beverage control law, paragraph (f) as amended by chap-
    32  ter 431 of the laws of 2014 and paragraphs (h), (i) and (j)  as  amended
    33  by chapter 327 of the laws of 2016, are amended to read as follows:
    34    (f)  (i)  if at the licensed premises, [conduct] the licensee conducts
    35  tastings of, [and sell] or sells at retail for consumption on or off the
    36  licensed premises, any cider manufactured by the  licensee  or  any  New
    37  York  state  labeled cider, or any alcoholic beverage for consumption on
    38  the licensed premises pursuant to paragraph (g), (h),  (i),  or  (j)  of
    39  this  subdivision  the  licensee shall regularly keep food available for
    40  sale or service to its retail customers for consumption on the premises.
    41  Provided, [however,] further that for tastings and sales for on-premises
    42  consumption, the licensee shall regularly keep food available  for  sale
    43  or  service  to  its retail customers for consumption on the premises. A
    44  licensee providing the following shall be deemed in compliance with this
    45  provision: (A) sandwiches, soups or other  such  foods,  whether  fresh,
    46  processed,  pre-cooked  or  frozen;  and/or  (B)  food items intended to
    47  complement the tasting of alcoholic beverages, which shall mean a diver-
    48  sified selection of food that is ordinarily consumed without the use  of
    49  tableware  and  can  be conveniently consumed while standing or walking,
    50  including but not limited to: cheeses, fruits,  vegetables,  chocolates,
    51  breads,  mustards  and  crackers.  All of the provisions of this chapter
    52  relative to licensees selling cider at retail shall apply; and
    53    (ii) operate a restaurant, hotel,  catering  establishment,  or  other
    54  food  and drinking establishment in or adjacent to the licensed premises
    55  and sell at such place, in addition to any food items or other permitted
    56  items, at retail for consumption on the premises,  only  cider  manufac-
        S. 5853--A                          4
     1  tured  by  the licensee and any New York state labeled cider. All of the
     2  provisions of this chapter relative to licensees  to  selling  cider  at
     3  retail  shall  apply.  Notwithstanding  any  other provision of law, the
     4  licensed farm cidery may apply to the authority for a license under this
     5  chapter  to  sell other alcoholic beverages at retail for consumption on
     6  the premises at such establishment,  but  the  privileges  contained  in
     7  paragraph  (g), (h), (i), or (j) of this subdivision shall not extend to
     8  the premises of the restaurant, hotel, or catering establishment;
     9    (h) conduct tastings of and sell at retail for consumption on  or  off
    10  the  premises  New  York state labeled beer manufactured by [a licensed]
    11  either a brewery licensed in New York state or [licensed] a farm brewery
    12  licensed in New York state;
    13    (i) conduct tastings of and sell at retail for consumption on  or  off
    14  the  licensed  premises  New  York  state  labelled wine manufactured by
    15  either a [licensed] winery licensed in New York state  or  [licensed]  a
    16  farm winery licensed in New York state;
    17    (j)  conduct  tastings of and sell at retail for consumption on or off
    18  the premises New York state labelled liquor manufactured by [a licensed]
    19  either a distiller licensed in New  York  state  or  [licensed]  a  farm
    20  distiller licensed in New York state; provided, however, that no consum-
    21  er  may  be  provided,  directly or indirectly: (i) with more than three
    22  samples of liquor for tasting in one calendar day; or (ii) with a sample
    23  of liquor for tasting equal to more than one-quarter fluid ounce; and
    24    § 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of  subdivi-
    25  sion  2 of section 51-a of the alcoholic beverage control law, paragraph
    26  (e) as amended by chapter 328 of the laws of 2016, paragraphs (f),  (h),
    27  (i),  (k) and (l) as added by chapter 108 of the laws of 2012, paragraph
    28  (g) as amended by chapter 431 of the laws of 2014 and paragraph  (j)  as
    29  added  and  paragraphs  (k)  and (l) as relettered by chapter 384 of the
    30  laws of 2013, are amended to read as follows:
    31    (e) [sell at the licensed premises beer and cider manufactured by  the
    32  licensee  or any other licensed farm brewery, and wine and spirits manu-
    33  factured by any licensed farm winery or farm distillery, at  retail  for
    34  consumption  on  or  off  the  licensed premises] (i) sell at retail for
    35  consumption on or off the licensed premises  beer  manufactured  by  the
    36  licensee, or New York state labelled beer manufactured by either a brew-
    37  er  licensed  in  New  York state or a farm brewery licensed in New York
    38  state;
    39    (ii) to conduct tastings of, and sell at retail for consumption on  or
    40  off  the  licensed  premises  cider manufactured by the licensee, or New
    41  York state labelled cider manufactured by either a  cidery  licensed  in
    42  New York state or a farm cidery licensed in New York state;
    43    (iii) to conduct tastings of, and sell at retail for consumption on or
    44  off  the  licensed premises New York state labelled wine manufactured by
    45  either a winery licensed in New York state or a farm winery licensed  in
    46  New York state; and
    47    (iv)  to conduct tastings of, and sell at retail for consumption on or
    48  off the licensed premises New York state labelled  spirits  manufactured
    49  by  either  a distillery licensed in New York state or a farm distillery
    50  licensed in New York state; provided, however, that no consumer  may  be
    51  provided,  directly  or  indirectly: (A) with more than three samples of
    52  liquor for tasting in one calendar day; or (B) with a sample  of  liquor
    53  for tasting equal to more than one-quarter fluid ounce;
    54    (f) [conduct tastings at the licensed premises of beer and cider manu-
    55  factured by the licensee or any other licensed farm brewery;
        S. 5853--A                          5

     1    (g) operate a restaurant, hotel, catering establishment, or other food
     2  and  drinking  establishment in or adjacent to the licensed premises and
     3  sell at such place, at retail for consumption on the premises, beer  and
     4  cider  manufactured  by the licensee and any New York state labeled beer
     5  or  New  York state labeled cider. All of the provisions of this chapter
     6  relative to licenses to sell beer at retail for consumption on  and  off
     7  the  premises  shall  apply  so  far  as  applicable  to  such licensee.
     8  Notwithstanding any other provision of law, the  licensed  farm  brewery
     9  may  apply  to  the  authority  for a license under this chapter to sell
    10  other alcoholic beverages at retail for consumption on the  premises  at
    11  such  establishment]  at  the licensed premises, conduct tastings of any
    12  beer manufactured by the licensee or any New York state labeled beer, or
    13  any alcoholic beverage for consumption licensed  pursuant  to  paragraph
    14  (e)  of this subdivision. Provided however, the licensee shall regularly
    15  keep food available for sale or service  to  its  retail  customers  for
    16  consumption  on the premises.  Provided, however, for tastings and sales
    17  for on-premises consumption, the  licensee  shall  regularly  keep  food
    18  available for sale or service to its retail customers for consumption on
    19  the  premises.  A  licensee  providing  the following shall be deemed in
    20  compliance with this provision: (i) sandwiches,  soups,  or  other  such
    21  foods,  whether fresh, processed, pre-cooked or frozen; and/or (ii) food
    22  items to complement the tasting of alcoholic beverages, which shall mean
    23  a diversified selection of food that is ordinarily consumed without  the
    24  use  of  tableware  and  can  be conveniently consumed while standing or
    25  walking, including but not  limited  to:  cheeses,  fruits,  vegetables,
    26  chocolates, breads, mustards and crackers. All of the provisions of this
    27  chapter  relative  to licensees selling cider at retail shall apply; and
    28  (iii) operate a restaurant, hotel, catering establishment, or other food
    29  and drinking establishment in or adjacent to the licensed  premises  and
    30  sell  at  such  place,  in addition to any food items or other permitted
    31  items, at retail for consumption on the premises,  only  cider  manufac-
    32  tured  by  the licensee and any New York state labeled cider. All of the
    33  provisions of this chapter relative to licensees  to  selling  cider  at
    34  retail  shall  apply.    Notwithstanding any other provision of law, the
    35  licensed farm brewery may apply to the authority  for  a  license  under
    36  this chapter to sell other alcoholic beverages at retail for consumption
    37  on  the  premises at such establishment, but the privileges contained in
    38  paragraph (e) of this subdivision shall not extend to  the  premises  of
    39  the restaurant, hotel, or catering establishment;
    40    [(h)]  (g)  sell  beer  and  cider manufactured by the licensee or any
    41  other [licensed] farm brewery licensed in New York state at  retail  for
    42  consumption  off  the  premises, at the state fair, at recognized county
    43  fairs and at farmers markets operated on a not-for-profit basis; and
    44    [(i) conduct tastings of and sell at retail for  consumption  off  the
    45  premises  New York state labelled wine manufactured by a licensed winery
    46  or licensed farm winery;
    47    (j) conduct tastings of and sell at retail  for  consumption  off  the
    48  premises  New York state labelled cider manufactured by a licensed cider
    49  producer or licensed farm cidery;
    50    (k) conduct tastings of and sell at retail  for  consumption  off  the
    51  premises  New  York  state  labelled  liquor  manufactured by a licensed
    52  distiller or licensed farm distiller; provided, however, that no consum-
    53  er may be provided, directly or indirectly: (i)  with  more  than  three
    54  samples of liquor for tasting in one calendar day; or (ii) with a sample
    55  of liquor for tasting equal to more than one-quarter fluid ounce; and
        S. 5853--A                          6

     1    (l)] (h) engage in any other business on the licensed premises subject
     2  to such rules and regulations as the authority may prescribe. Such rules
     3  and regulations shall determine which businesses will be compatible with
     4  the policy and purposes of this chapter and shall consider the effect of
     5  particular  businesses  on the community and area in the vicinity of the
     6  farm brewery licensee.
     7    § 8. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a  law; provided, however, that effective immediately, the
     9  addition, amendment and/or repeal of any rule  or  regulation  necessary
    10  for  the implementation of this act on its effective date are authorized
    11  and directed to be made and completed on or before such effective date.