Bill Text: NY S01078 | 2017-2018 | General Assembly | Amended

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Bill Title: Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2017-06-12 - SUBSTITUTED BY A4972A [S01078 Detail]

Download: New_York-2017-S01078-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1078--A
            Cal. No. 278
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sens.  VALESKY,  AKSHAR,  HELMING, KLEIN, SEWARD -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Commerce,  Economic  Development  and Small Business --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered to a third reading, passed by Senate and delivered to
          the Assembly, recalled, vote reconsidered, restored to 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
          promoting  economic  development  by  expanding  products sold by farm
          cideries and authorizing such cideries to sell cider to  other  licen-
          sees for resale
          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 3-a of section 58 of the alco-
     2  holic beverage control law, as added by chapter 384 of the laws of 2013,
     3  is amended to read as follows:
     4    (b) conduct tastings at the licensed premises of  such  cider  or  any
     5  other New York state labeled cider;
     6    §  2.  Paragraph (c) of subdivision 2 of section 58-c of the alcoholic
     7  beverage control law, as added by chapter 384 of the laws  of  2013,  is
     8  amended to read as follows:
     9    (c) sell cider manufactured by the licensee to wholesalers and retail-
    10  ers licensed in this state to sell such cider, licensed farm distillers,
    11  licensed  farm  wineries, licensed wineries, licensed farm breweries and
    12  any other licensed farm cidery.   All such cider sold  by  the  licensee
    13  shall  be  securely sealed and have attached thereto a label as shall be
    14  required by section one hundred seven-a of this chapter;
    15    § 3. Paragraphs (b) and (e) of subdivision 7 of section  58-c  of  the
    16  alcoholic  beverage  control law, as added by chapter 384 of the laws of
    17  2013, are amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06861-03-7
        S. 1078--A                          2
     1    (b) food items for the purpose of complementing cider tastings,  which
     2  shall  mean  a diversified selection of food that is ordinarily consumed
     3  without the use of tableware and  can  be  conveniently  consumed  while
     4  standing  or  walking.  Such food items shall include but not be limited
     5  to:  cheeses,  fruits,  vegetables,  chocolates,  breads,  baked  goods,
     6  mustards and crackers;
     7    (e) cider-making equipment and supplies including, but not limited to,
     8  apples, apple juice, other pome fruits, other pome  fruit  juices,  home
     9  cider-making  kits, presses, pumps, filters, yeasts, chemicals and other
    10  cider additives, bottling equipment, bottles, cider storage and ferment-
    11  ing vessels, barrels, and books or  other  written  material  to  assist
    12  cider-makers and home cider-makers to produce and bottle cider;
    13    §  4.  Subdivision  4  of section 76 of the alcoholic beverage control
    14  law, as amended by chapter 431 of the laws of 2014, is amended  to  read
    15  as follows:
    16    4.  A  licensed  winery may at the licensed premises, conduct tastings
    17  of, and sell at retail for consumption on or off the licensed  premises,
    18  any  wine  or  wine product manufactured by the licensee or any New York
    19  state labeled wine or New York state labeled wine  product  or  any  New
    20  York  state labeled cider. Provided, however, for tastings and sales for
    21  on-premises consumption, the licensee shall regularly keep  food  avail-
    22  able  for sale or service to its retail customers for consumption on the
    23  premises. A licensee providing the following shall be deemed in  compli-
    24  ance  with  this  provision:  (i) sandwiches, soups or other such foods,
    25  whether fresh, processed, pre-cooked or frozen; and/or (ii)  food  items
    26  intended  to  complement the tasting of alcoholic beverages, which shall
    27  mean a diversified selection of food that is ordinarily consumed without
    28  the use of tableware and can be conveniently consumed while standing  or
    29  walking,  including  but  not  limited  to: cheeses, fruits, vegetables,
    30  chocolates, breads, mustards and crackers. All of the provisions of this
    31  chapter relative to licenses to sell wine at retail for  consumption  on
    32  or off the premises shall apply so far as applicable to such licensee.
    33    § 5. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law; provided, however, that effective immediate-
    35  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    36  necessary for the implementation of this act on its effective  date  are
    37  authorized  and  directed  to  be  made  and completed on or before such
    38  effective date.