Bill Text: NY S06426 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to the sale and production of liquor by farm distilleries.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2012-10-03 - SIGNED CHAP.484 [S06426 Detail]

Download: New_York-2011-S06426-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6426
                                   I N  S E N A T E
                                   February 8, 2012
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee on Commerce, Economic  Devel-
         opment and Small Business
       AN  ACT  to amend the alcoholic beverage control law, in relation to the
         sale and production of liquor by farm distilleries
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph b of subdivision 2-c of section 61 of the alco-
    2  holic beverage control law, as amended by chapter 454  of  the  laws  of
    3  2008, is amended to read as follows:
    4    (b)(i)  Retail sales by a licensed farm distillery may be made only to
    5  customers who are physically present upon the licensed premises and such
    6  sale shall be concluded by the customer's taking, with him  or  her,  of
    7  the sealed containers purchased by the customer at the time the customer
    8  leaves the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (IV)
    9  OF THIS PARAGRAPH;
   10    (ii)  Such retail sales shall not be made where the order is placed by
   11  letter, telephone, fax or e-mail, or where the customer  otherwise  does
   12  not  place  the  order while the customer is physically present upon the
   13  premises of the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH
   14  (IV) OF THIS PARAGRAPH;
   15    (iii) Such retail sales shall not be made where the contemplated  sale
   16  requires  the  licensee  to  transport or ship by common carrier, sealed
   17  containers of liquor to a customer[.];
   18    (IV) A LICENSED FARM DISTILLERY MAY APPLY TO THE LIQUOR AUTHORITY  FOR
   19  A  PERMIT TO SELL LIQUOR IN A SEALED CONTAINER FOR OFF-PREMISES CONSUMP-
   20  TION AT THE STATE FAIR, AT  RECOGNIZED  COUNTY  FAIRS  AND  AT  FARMERS'
   21  MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS. AS A CONDITION OF THE PERMIT
   22  A  REPRESENTATIVE  FROM  THE  DISTILLERY  MUST BE PRESENT AT THE TIME OF
   23  SALE.
   24    S 2. The opening paragraph  of  paragraph  c  of  subdivision  2-c  of
   25  section  61 of the alcoholic beverage control law, as amended by chapter
   26  454 of the laws of 2008, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14327-03-2
       S. 6426                             2
    1    A licensed farm distillery may conduct upon the licensed premises,  OR
    2  AT  APPROVED  LOCATIONS AS PERMITTED IN SUBDIVISION SIX OF THIS SECTION,
    3  consumer tastings of liquor manufactured by the  licensee  and  from  no
    4  more than three other class A, A-1, B, B-1, C or D distilleries, subject
    5  to the following limitations:
    6    S  3.  Section  61 of the alcoholic beverage control law is amended by
    7  adding a new subdivision 6 to read as 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 SUBDIVISION
   12  TWO-C OF THIS SECTION AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS  AND
   13  AT FARMERS' MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS.
   14    S 4. This act shall take effect on the one hundred eightieth day after
   15  it shall have become a law, provided, however, that effective immediate-
   16  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   17  necessary for the implementation of this act on its  effective  date  is
   18  authorized to be made and completed on or before such date.
feedback