Bill Text: NY S07813 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to licenses and permits regarding the manufacture of alcoholic beverages; establishes a supplier's marketing permit to authorize a supplier to conduct tastings and provide samples of alcoholic beverages manufactured by such supplier to consumers; further establishes a supplier's special event permit.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-06-19 - SUBSTITUTED BY A10122 [S07813 Detail]
Download: New_York-2013-S07813-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7813--A I N S E N A T E June 11, 2014 ___________ Introduced by Sens. MARCELLINO, VALESKY, GRIFFO, RITCHIE -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to licenses and permits regarding the manufacture of alcoholic beverages; 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 51 of the alcoholic beverage control law is 2 amended by adding a new subdivision 3-a to read as follows: 3 3-A. A LICENSED BREWER MAY AT THE LICENSED PREMISES CONDUCT TASTINGS 4 OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, 5 ANY BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED 6 BEER. PROVIDED, HOWEVER, THAT FOR TASTINGS AND SALES FOR ON-PREMISES 7 CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE 8 OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A 9 LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS 10 PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, 11 PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO 12 COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVER- 13 SIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF 14 TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, 15 INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, 16 BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER 17 RELATIVE TO LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF 18 THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. 19 S 2. Subdivision 4 of section 51 of the alcoholic beverage control 20 law, as amended by chapter 100 of the laws of 1940, is amended to read 21 as follows: 22 4. A LICENSED BREWERY MAY OPERATE A RESTAURANT, HOTEL, CATERING 23 ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT 24 TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12097-06-4 S. 7813--A 2 1 TION ON THE PREMISES, BEER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK 2 STATE LABELED BEER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO 3 LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL 4 APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER 5 PROVISION OF LAW, THE licensed brewer may apply to the liquor authority 6 for a license to sell beer, wine or liquor at retail for consumption on 7 the premises [in a restaurant owned by him and conducted and operated by 8 him in or adjacent to the brewery for which he is licensed] AT SUCH 9 ESTABLISHMENT. All of the provisions of this chapter relative to 10 licenses to sell beer, wine or liquor at retail for consumption on the 11 premises shall apply so far as applicable to such application. 12 S 3. Paragraphs (b) and (d) of subdivision 6-a of section 51 of the 13 alcoholic beverage control law are REPEALED. 14 S 4. Section 51 of the alcoholic beverage control law is amended by 15 adding a new subdivision 9 to read as follows: 16 9. A BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER ANNUAL- 17 LY. 18 S 5. Paragraph (g) of subdivision 2 of section 51-a of the alcoholic 19 beverage control law, as added by chapter 108 of the laws of 2012, is 20 amended to read as follows: 21 (g) [sell and conduct tastings of beer and cider manufactured by the 22 licensee or any other licensed farm brewery at retail for consumption on 23 the premises of a restaurant, conference center, inn, bed and breakfast 24 or hotel business owned and operated by the licensee in or adjacent to 25 its farm brewery. A licensee who operates a restaurant, conference 26 center, inn, bed and breakfast or hotel pursuant to such authority shall 27 comply with all applicable provisions of this chapter which relate to 28 licenses to sell beer at retail for consumption on the premises] OPERATE 29 A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING 30 ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH 31 PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, BEER AND CIDER MANU- 32 FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER OR NEW YORK 33 STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO 34 LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES 35 SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY 36 OTHER PROVISION OF LAW, THE LICENSED FARM BREWERY MAY APPLY TO THE 37 AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC 38 BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH- 39 MENT; 40 S 6. Subdivision 10 of section 51-a of the alcoholic beverage control 41 law, as added by chapter 108 of the laws of 2012, is amended to read as 42 follows: 43 10. (A) No farm brewery shall manufacture in excess of [sixty] SEVEN- 44 TY-FIVE thousand finished barrels of beer AND CIDER annually. 45 (B) A FARM BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER 46 AND CIDER ANNUALLY. 47 S 7. Section 52 of the alcoholic beverage control law is REPEALED. 48 S 8. Paragraph (a) of subdivision 1 of section 56 of the alcoholic 49 beverage control law, as amended by chapter 108 of the laws of 2012, is 50 amended to read as follows: 51 (a) four thousand dollars for a brewer's license, unless the annual 52 production of the brewer is less than [sixty] SEVENTY-FIVE thousand 53 barrels per year, in which case the annual fee shall be three hundred 54 twenty dollars; 55 S 9. Section 58 of the alcoholic beverage control law is amended by 56 adding a new subdivision 5 to read as follows: S. 7813--A 3 1 5. A CIDER PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF CIDER 2 ANNUALLY. 3 S 10. Paragraphs (d) and (e) of subdivision 2 of section 58-c of the 4 alcoholic beverage control law are REPEALED. 5 S 11. Paragraph (f) of subdivision 2 of section 58-c of the alcoholic 6 beverage control law, as added by chapter 384 of the laws of 2013, is 7 amended to read as follows: 8 (f) [sell and conduct tastings of cider manufactured by the licensee 9 or any other licensed farm cidery at retail for consumption on the prem- 10 ises of a restaurant, conference center, inn, bed and breakfast or hotel 11 business owned and operated by the licensee in or adjacent to its farm 12 cidery. A licensee who operates a restaurant, conference center, inn, 13 bed and breakfast or hotel pursuant to such authority shall comply with 14 all applicable provisions of this chapter which relate to licenses to 15 sell cider at retail for consumption on the premises] (I) AT THE 16 LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMP- 17 TION ON OR OFF THE LICENSED PREMISES, ANY CIDER MANUFACTURED BY THE 18 LICENSEE OR ANY NEW YORK STATE LABELED CIDER. PROVIDED, HOWEVER, FOR 19 TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGU- 20 LARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS 21 FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING 22 SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (A) SANDWICHES, SOUPS 23 OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; 24 AND/OR (B) 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 LICENSEES SELLING CIDER AT 30 RETAIL SHALL APPLY; AND (II) OPERATE A RESTAURANT, HOTEL, CATERING 31 ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT 32 TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP- 33 TION ON THE PREMISES, CIDER MANUFACTURED BY THE LICENSEE AND ANY NEW 34 YORK STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE 35 TO LICENSEES TO SELLING CIDER AT RETAIL SHALL APPLY. NOTWITHSTANDING ANY 36 OTHER PROVISION OF LAW, THE LICENSED FARM CIDERY MAY APPLY TO THE 37 AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC 38 BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH- 39 MENT; 40 S 12. Subdivision 10 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 10. (A) No farm cidery shall manufacture in excess of [one] TWO 44 hundred fifty thousand gallons of cider annually. 45 (B) A LICENSED FARM CIDERY SHALL PRODUCE AT LEAST FIFTY GALLONS OF 46 CIDER ANNUALLY. 47 S 13. Subdivision 1-a of section 61 of the alcoholic beverage control 48 law, as amended by chapter 384 of the laws of 2013, is amended to read 49 as follows: 50 1-a. A class A-1 distiller's license shall authorize the holder ther- 51 eof to operate a distillery which has a production capacity of no more 52 than [thirty-five] SEVENTY-FIVE thousand gallons per year for the manu- 53 facture of liquors by distillation or redistillation at the premises 54 specifically designated in the license. Such a license shall also 55 authorize the sale in bulk by such licensee from the licensed premises 56 of the products manufactured under such license to any person holding a S. 7813--A 4 1 winery license, farm winery license, distiller's class A license, a 2 distiller's class B license or a permittee engaged in the manufacture of 3 products which are unfit for beverage use. It shall also authorize the 4 sale from the licensed premises and from one other location in the state 5 of New York of liquors manufactured by such licensee to a wholesale or 6 retail liquor licensee or permittee in sealed containers of not more 7 than one quart each. In addition, it shall authorize such licensee to 8 sell from the licensed premises New York state labelled liquors to 9 licensed farm wineries, farm breweries, farm distilleries and farm 10 cideries in sealed containers of not more than one quart for retail sale 11 for off-premises consumption. Such license shall also include the priv- 12 ilege to operate a rectifying plant under the same terms and conditions 13 as the holder of a class B-1 distiller's license without the payment of 14 any additional fee. 15 S 14. Subdivision 2-b of section 61 of the alcoholic beverage control 16 law, as amended by chapter 571 of the laws of 2008, is amended to read 17 as follows: 18 2-b. A class B-1 distiller's license shall authorize the holder there- 19 of to operate a rectifying plant which has a production capacity of no 20 more than [thirty-five] SEVENTY-FIVE thousand gallons per year for the 21 manufacture of the products of rectification by purifying or combining 22 alcohol, spirits, wine, or beer and the manufacture of cordials by the 23 redistillation of alcohol or spirits over or with any materials. Such a 24 license shall also authorize the holder thereof to blend, reduce proof 25 and bottle on his licensed premises or in a United States customs bonded 26 warehouse for which a warehouse permit has been issued under this chap- 27 ter for wholesale liquor licensees or for persons authorized to sell 28 liquor at wholesale pursuant to the laws and regulation of any other 29 state, territorial possession of the United States or foreign country 30 liquor received in bulk by such wholesalers from other states, territo- 31 rial possessions of the United States or a foreign country, and to 32 rebottle or recondition for wholesale liquor or wine licensees or for 33 persons authorized to sell liquor or wine at wholesale pursuant to the 34 laws and regulations of any other state, territorial possession of the 35 United States or foreign country, liquor or wine manufactured outside 36 the state, which was purchased and received by such wholesalers in 37 sealed containers not exceeding one quart each of liquor or fifteen 38 gallons each of wine. Such a license shall also authorize the sale from 39 the licensed premises of the products manufactured by such licensee to a 40 wholesale or retail licensee in sealed containers of not more than one 41 quart each. In addition, it shall authorize such licensee to sell from 42 the licensed premises New York state labelled liquors to a farm winery 43 licensee in sealed containers of not more than one quart for retail sale 44 for off-premises consumption. 45 S 15. Paragraph (e) of subdivision 2-c of section 61 of the alcoholic 46 beverage control law, as amended by chapter 454 of the laws of 2008, is 47 amended to read as follows: 48 (e) Notwithstanding any other provision of law to the contrary, the 49 holder of a farm distillery license may [apply to the authority for a 50 license to sell beer, wine and liquor for consumption on the premises in 51 a restaurant operated on or adjacent to the licensed farm distillery. 52 All the provisions of this chapter relative to licensees to sell beer, 53 wine or liquor at retail for consumption on the premises shall apply so 54 far as applicable to such application.] (I) SELL AT RETAIL FOR CONSUMP- 55 TION ON THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY THE LICENSEE 56 OR ANY NEW YORK STATE LABELED LIQUOR. PROVIDED, HOWEVER, THE LICENSEE S. 7813--A 5 1 SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL 2 CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE 3 FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: SANDWICHES, 4 SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR 5 FROZEN; AND/OR FOOD ITEMS INTENDED TO COMPLIMENT THE TASTING OF ALCOHOL- 6 IC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS 7 ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY 8 CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: 9 CHEESE, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. 10 ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL 11 LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS 12 APPLICABLE TO SUCH LICENSEE; AND 13 (II) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER 14 FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES 15 AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, 16 LIQUOR MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED 17 LIQUOR. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO 18 SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR 19 AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER PROVISION OF 20 LAW, THE LICENSEE MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS 21 CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON 22 THE PREMISES AT SUCH ESTABLISHMENT. 23 S 16. Paragraph (f) of subdivision 2-c of section 61 of the alcoholic 24 beverage control law, as amended by chapter 454 of the laws of 2008, is 25 amended to read as follows: 26 (f) No holder of a farm distillery license shall manufacture in excess 27 of [thirty-five] SEVENTY-FIVE thousand gallons of liquor annually. In 28 the case of the holder of a class A, A-1, B, B-1 or C distiller's 29 license who operates a farm distillery on the same premises, the liquor 30 manufactured pursuant to the farm distillery license shall not be 31 considered with respect to any limitation on the volume that may be 32 manufactured by the class A, A-1, B, B-1 or C distillery. 33 S 17. Subdivision 2-c of section 61 of the alcoholic beverage control 34 law is amended by adding a new paragraph (g) to read as follows: 35 (G) THE HOLDER OF A LICENSE ISSUED UNDER THIS SUBDIVISION MAY OPERATE 36 UP TO ONE BRANCH OFFICE LOCATED AWAY FROM THE LICENSED FARM DISTILLERY. 37 SUCH LOCATION SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL 38 ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM DISTILLERY MAY BE 39 CONDUCTED AT THE BRANCH OFFICE. SUCH BRANCH OFFICE SHALL NOT BE LOCATED 40 WITHIN, SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR 41 ACCESS TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCO- 42 HOLIC BEVERAGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH 43 BRANCH OFFICE, THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION 44 OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPER- 45 ATION OF SAME. 46 S 18. Section 61 of the alcoholic beverage control law is amended by 47 adding a new subdivision 7 to read as follows: 48 7. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST 49 FIFTY GALLONS OF LIQUOR PER YEAR. 50 S 19. Subdivision 4 of section 76 of the alcoholic beverage control 51 law, as amended by chapter 221 of the laws of 2011, is amended to read 52 as follows: 53 4. A licensed winery may [apply to the liquor authority for a license 54 to sell wine at retail for consumption on the premises. All the 55 provisions of this chapter relative to licenses to sell wine at retail 56 for consumption on the premises shall apply so far as applicable to such S. 7813--A 6 1 application] AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT 2 RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY WINE OR WINE 3 PRODUCT MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED WINE 4 OR NEW YORK STATE LABELED WINE PRODUCT. PROVIDED, HOWEVER, FOR TASTINGS 5 AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP 6 FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMP- 7 TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED 8 IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH 9 FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD 10 ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH 11 SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED 12 WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE 13 STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, 14 VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE 15 PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL 16 FOR CONSUMPTION ON OR OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE 17 TO SUCH LICENSEE. 18 S 20. Subdivision 4-a of section 76 of the alcoholic beverage control 19 law, as amended by chapter 221 of the laws of 2011, is amended to read 20 as follows: 21 4-a. [Notwithstanding any other provision of law, any winery, licensed 22 pursuant to subdivision four of this section to sell wine at retail for 23 consumption on the premises in a restaurant in or adjacent to the 24 winery, may apply to the liquor authority for a license to sell beer, 25 wine or liquor at retail for consumption on the premises of such restau- 26 rant. All of the provisions of this chapter relative to licenses to sell 27 beer, wine or liquor at retail for consumption on the premises shall 28 apply so far as applicable to such application] A LICENSED WINERY MAY 29 OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND 30 DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL 31 AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE AND WINE 32 PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED 33 WINE OR NEW YORK STATE LABELED WINE PRODUCT. ALL OF THE PROVISIONS OF 34 THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION 35 ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. 36 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED WINERY MAY 37 APPLY TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER 38 TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM- 39 ISES AT SUCH ESTABLISHMENT. 40 S 21. Subdivision 10 of section 76 of the alcoholic beverage control 41 law, as added by chapter 221 of the laws of 2011, is amended to read as 42 follows: 43 10. Notwithstanding any provision of this chapter to the contrary, and 44 upon payment to the liquor authority of an additional annual fee of one 45 hundred twenty-five dollars, the liquor authority may in its discretion 46 and upon such terms and conditions as it may prescribe, issue to a 47 licensed winery upon application therefor a certificate authorizing such 48 winery to sell wine at retail in sealed containers to a regularly organ- 49 ized church, synagogue or religious organization for sacramental 50 purposes[, and to a householder for consumption in his home]. 51 S 22. Section 76 of the alcoholic beverage control law is amended by 52 adding a new subdivision 14 to read as follows: 53 14. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST 54 FIFTY GALLONS OF WINE PER YEAR. S. 7813--A 7 1 S 23. Paragraph (f) of subdivision 2 of section 76-a of the alcoholic 2 beverage control law, as added by chapter 221 of the laws of 2011, is 3 amended to read as follows: 4 (f) [sell wine at retail for consumption on the premises of a restau- 5 rant, conference center, inn, bed and breakfast or hotel business owned 6 and operated by the licensee in or adjacent to the farm winery for which 7 the licensee is licensed. A licensee who operates a restaurant, confer- 8 ence center, inn, bed and breakfast or hotel pursuant to such authority 9 shall comply with all applicable provisions of this chapter which relate 10 to licenses to sell wine at retail for consumption on the premises] 11 OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND 12 DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL 13 AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE, CIDER 14 AND WINE PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE 15 LABELED WINE, NEW YORK STATE LABELED CIDER OR NEW YORK STATE LABELED 16 WINE PRODUCT. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO 17 LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL 18 APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER 19 PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY FOR A 20 LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER TO SELL OTHER ALCOHOLIC 21 BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH- 22 MENT. 23 S 24. Subdivision 3-a of section 76-a of the alcoholic beverage 24 control law is REPEALED. 25 S 25. Subdivision 8 of section 76-a of the alcoholic beverage control 26 law, as amended by chapter 147 of the laws of 1988 and as renumbered by 27 chapter 221 of the laws of 2011, is amended to read as follows: 28 8. (A) No licensed farm winery shall manufacture in excess of [one] 29 TWO hundred fifty thousand finished gallons of wine annually. 30 (B) ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST 31 FIFTY GALLONS OF WINE PER YEAR. 32 S 26. This act shall take effect on the thirtieth day after it shall 33 have become a law.