STATE OF NEW YORK ________________________________________________________________________ 10128--A IN ASSEMBLY March 16, 2018 ___________ Introduced by M. of A. SCHIMMINGER -- read once and referred to the Committee on Economic Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the alcoholic beverage control law, in relation to authorizing custom liquor production for a non-licensed individual by farm distilleries The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 61 of the alcoholic beverage control law is 2 amended by adding a new subdivision 8 to read as follows: 3 8. Notwithstanding any other provision of law to the contrary, a farm 4 distillery licensed under subdivision two-c of this section may engage 5 in custom liquor production for a non-licensed individual under the 6 following conditions: 7 (a) the licensee may allow such non-licensed individual to assist in 8 the production of such custom liquors; 9 (b) the licensee shall only sell such custom liquor to such non-li- 10 censed individual for that individual's personal or family use, and not 11 for resale; 12 (c) the brand label of such custom liquor shall clearly state that the 13 product is not for resale; 14 (d) such custom liquor shall not be offered for sale pursuant to 15 section ninety-nine-g of this chapter; 16 (e) any tastings conducted pursuant to this subdivision shall be 17 subject to the provisions of paragraph (c) of subdivision two-c of this 18 section; 19 (f) the licensee or an employee or agent of the licensee shall be 20 present at all times when the non-licensed individual is assisting in 21 the production of the custom liquor; 22 (g) the licensee shall be responsible for obtaining approval of the 23 liquor's brand label pursuant to section one hundred seven-a of this 24 chapter and the payment of all taxes due before the custom liquor is 25 delivered to the non-licensed individual; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14658-05-8A. 10128--A 2 1 (h) any custom liquor produced under this subdivision must be a New 2 York labelled liquor as defined in subdivision twenty-c of section three 3 of this chapter; and 4 (i) any custom liquor produced under this subdivision shall be counted 5 toward the maximum production limit set forth in paragraph (f) of subdi- 6 vision two-c of this section. 7 § 2. This act shall take effect on the sixtieth day after it shall 8 have become a law. Effective immediately, the addition, amendment and/or 9 repeal of any rule or regulation necessary for the implementation of 10 this act on its effective date are authorized to be made and completed 11 on or before such effective date.