Bill Text: NY S01185 | 2019-2020 | General Assembly | Introduced
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) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01185 Detail]
Download: New_York-2019-S01185-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1185 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations 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 [a11licensed brewer] either a brewer licensed in New York state or [licensed12farm 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: 20 (e) Notwithstanding any other provision of law to the contrary, the 21 holder of a farm distillery license may (i) sell at retail for consump- 22 tion on the licensed premises[,]: any liquor manufactured by the licen- 23 see or any New York state labeled liquor, or any alcoholic beverage for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04894-01-9S. 1185 2 1 consumption on the licensed premises pursuant to this subdivision. 2 Provided, however, the licensee shall regularly keep food available for 3 sale or service to its retail customers for consumption on the premises. 4 A licensee providing the following shall be deemed in compliance with 5 this provision: sandwiches, soups or other such foods, whether fresh, 6 processed, pre-cooked or frozen; and/or food items intended to [compli-7ment] complement the tasting of alcoholic beverages, which shall mean a 8 diversified selection of food that is ordinarily consumed without the 9 use of tableware and can be conveniently consumed while standing or 10 walking, including but not limited to: cheese, fruits, vegetables, choc- 11 olates, breads, mustards and crackers. All of the provisions of this 12 chapter relative to licenses to sell liquor at retail for consumption on 13 the premises shall apply so far as applicable to such licensee; and 14 (ii) operate a restaurant, hotel, catering establishment, or other 15 food and drinking establishment in or adjacent to the licensed premises 16 and sell at such place, in addition to any food items or other purchased 17 items, at retail for consumption on the premises, only liquor manufac- 18 tured by the licensee and any New York state labeled liquor. All of the 19 provisions of this chapter relative to licenses to sell liquor at retail 20 for consumption on [the] such premises shall apply so far as applicable 21 to such licensee. Notwithstanding any other provision of law, the licen- 22 see may apply to the authority for a license under this chapter to sell 23 other alcoholic beverages at retail for consumption on the premises at 24 such establishment. The privileges contained in this subdivision shall 25 not extend to the premises of a restaurant, hotel or catering establish- 26 ment. 27 § 4. Paragraphs (e) and (f) of subdivision 2 of section 76-a of the 28 alcoholic beverage control law, paragraph (e) as amended by chapter 328 29 of the laws of 2016 and paragraph (f) as amended by chapter 431 of the 30 laws of 2014, are amended to read as follows: 31 (e) sell at the licensed premises at retail for consumption on or off 32 the licensed premises: cider and wine manufactured by the licensee or 33 any other licensed farm winery[, and beer and spirits manufactured by34any licensed farm brewery or farm distillery, at retail for consumption35on or off the licensed premises]; New York state labeled cider manufac- 36 tured by any of the following so long as it is licensed in New York 37 state by a brewer, farm brewer, winery, cider producer, or a farm 38 cidery; New York state labeled beer manufactured by either a brewer 39 licensed in New York state or a farm brewery licensed in New York state; 40 and New York state labeled liquor manufactured by either a distillery 41 licensed in New York state or a farm distillery licensed in New York 42 state; 43 (f) operate a restaurant, hotel, catering establishment, or other food 44 and drinking establishment in or adjacent to the licensed premises and 45 sell at such place, in addition to any food items or other permitted 46 items, at retail for consumption on the premises, wine, cider and wine 47 products manufactured by the licensee and any New York state labeled 48 wine, New York state labeled cider or New York state labeled wine prod- 49 uct. All of the provisions of this chapter relative to licenses to sell 50 wine at retail for consumption on the premises shall apply so far as 51 applicable to such licensee. Notwithstanding any other provision of law, 52 the licensed winery may apply to the authority for a license under arti- 53 cle four of this chapter to sell other alcoholic beverages at retail for 54 consumption on the premises at such establishment. The privileges 55 contained in paragraphs (e), (f), (g) and (h) of subdivision six of thisS. 1185 3 1 section shall not extend to the premises of a restaurant, hotel or 2 catering establishment. 3 § 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a 4 of the alcoholic beverage control law, paragraphs (e) and (f) as amended 5 by chapter 571 of the laws of 2008, paragraph (g) as added by chapter 6 108 of the laws of 2012 and paragraph (h) as amended by chapter 384 of 7 the laws of 2013, are amended to read as follows: 8 (e) Sell for consumption on or off the licensed premises New York 9 state labelled liquors manufactured by the holder of a class A-1, B-1, 10 or C distiller's license. 11 (f) Conduct tastings on the licensed premises of New York state 12 labelled liquors manufactured by the holder of a class A-1, B-1, or C 13 distiller's license or by a farm distillery licensed in New York state. 14 All liquor tastings conducted pursuant to this paragraph shall be 15 conducted in the same manner as tastings of brandy pursuant to section 16 seventy-six-e of this article. 17 (g) Conduct tastings of and sell at retail for consumption on or off 18 the licensed premises New York state labelled beer manufactured by 19 either a [licensed] brewer licensed in New York state or a farm brewery 20 licensed in New York state. 21 (h) Conduct tastings of and sell at retail for consumption on or off 22 the licensed premises New York state labelled cider manufactured by [a] 23 any of the following so long as it is licensed in New York state: a 24 brewer licensed in New York state, [licensed] a farm brewery licensed in 25 New York state, a winery, [licensed] farm winery, [licensed] cider 26 producer or [licensed] farm cidery. 27 § 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c 28 of the alcoholic beverage control law, paragraph (f) as amended by chap- 29 ter 431 of the laws of 2014 and paragraphs (h), (i) and (j) as amended 30 by chapter 327 of the laws of 2016, are amended to read as follows: 31 (f) (i) if at the licensed premises, [conduct] the licensee conducts 32 tastings of, [and sell] or sells at retail for consumption on or off the 33 licensed premises, any cider manufactured by the licensee or any New 34 York state labeled cider, or any alcoholic beverage for consumption on 35 the licensed premises pursuant to paragraph (g), (h), (i), or (j) of 36 this subdivision the licensee shall regularly keep food available for 37 sale or service to its retail customers for consumption on the premises. 38 Provided, [however,] further that for tastings and sales for on-premises 39 consumption, the licensee shall regularly keep food available for sale 40 or service to its retail customers for consumption on the premises. A 41 licensee providing the following shall be deemed in compliance with this 42 provision: (A) sandwiches, soups or other such foods, whether fresh, 43 processed, pre-cooked or frozen; and/or (B) food items intended to 44 complement the tasting of alcoholic beverages, which shall mean a diver- 45 sified selection of food that is ordinarily consumed without the use of 46 tableware and can be conveniently consumed while standing or walking, 47 including but not limited to: cheeses, fruits, vegetables, chocolates, 48 breads, mustards and crackers. All of the provisions of this chapter 49 relative to licensees selling cider at retail shall apply; and 50 (ii) operate a restaurant, hotel, catering establishment, or other 51 food and drinking establishment in or adjacent to the licensed premises 52 and sell at such place, in addition to any food items or other permitted 53 items, at retail for consumption on the premises, only cider manufac- 54 tured by the licensee and any New York state labeled cider. All of the 55 provisions of this chapter relative to licensees to selling cider at 56 retail shall apply. Notwithstanding any other provision of law, theS. 1185 4 1 licensed farm cidery may apply to the authority for a license under this 2 chapter to sell other alcoholic beverages at retail for consumption on 3 the premises at such establishment, but the privileges contained in 4 paragraph (g), (h), (i), or (j) of this subdivision shall not extend to 5 the premises of the restaurant, hotel, or catering establishment; 6 (h) conduct tastings of and sell at retail for consumption on or off 7 the premises New York state labeled beer manufactured by [a licensed] 8 either a brewery licensed in New York state or [licensed] a farm brewery 9 licensed in New York state; 10 (i) conduct tastings of and sell at retail for consumption on or off 11 the licensed premises New York state labelled wine manufactured by 12 either a [licensed] winery licensed in New York state or [licensed] a 13 farm winery licensed in New York state; 14 (j) conduct tastings of and sell at retail for consumption on or off 15 the premises New York state labelled liquor manufactured by [a licensed] 16 either a distiller licensed in New York state or [licensed] a farm 17 distiller licensed in New York state; provided, however, that no consum- 18 er may be provided, directly or indirectly: (i) with more than three 19 samples of liquor for tasting in one calendar day; or (ii) with a sample 20 of liquor for tasting equal to more than one-quarter fluid ounce; and 21 § 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of subdivi- 22 sion 2 of section 51-a of the alcoholic beverage control law, paragraph 23 (e) as amended by chapter 328 of the laws of 2016, paragraphs (f), (h), 24 (i), (k) and (l) as added by chapter 108 of the laws of 2012, paragraph 25 (g) as amended by chapter 431 of the laws of 2014 and paragraph (j) as 26 added and paragraphs (k) and (l) as relettered by chapter 384 of the 27 laws of 2013, are amended to read as follows: 28 (e) [sell at the licensed premises beer and cider manufactured by the29licensee or any other licensed farm brewery, and wine and spirits manu-30factured by any licensed farm winery or farm distillery, at retail for31consumption on or off the licensed premises] (i) sell at retail for 32 consumption on or off the licensed premises beer manufactured by the 33 licensee, or New York state labelled beer manufactured by either a brew- 34 er licensed in New York state or a farm brewery licensed in New York 35 state; 36 (ii) to conduct tastings of, and sell at retail for consumption on or 37 off the licensed premises cider manufactured by the licensee, or New 38 York state labelled cider manufactured by either a cidery licensed in 39 New York state or a farm cidery licensed in New York state; 40 (iii) to conduct tastings of, and sell at retail for consumption on or 41 off the licensed premises New York state labelled wine manufactured by 42 either a winery licensed in New York state or a farm winery licensed in 43 New York state; and 44 (iv) to conduct tastings of, and sell at retail for consumption on or 45 off the licensed premises New York state labelled spirits manufactured 46 by either a distillery licensed in New York state or a farm distillery 47 licensed in New York state; provided, however, that no consumer may be 48 provided, directly or indirectly: (A) with more than three samples of 49 liquor for tasting in one calendar day; or (B) with a sample of liquor 50 for tasting equal to more than one-quarter fluid ounce; 51 (f) [conduct tastings at the licensed premises of beer and cider manu-52factured by the licensee or any other licensed farm brewery;53(g) operate a restaurant, hotel, catering establishment, or other food54and drinking establishment in or adjacent to the licensed premises and55sell at such place, at retail for consumption on the premises, beer and56cider manufactured by the licensee and any New York state labeled beerS. 1185 5 1or New York state labeled cider. All of the provisions of this chapter2relative to licenses to sell beer at retail for consumption on and off3the premises shall apply so far as applicable to such licensee.4Notwithstanding any other provision of law, the licensed farm brewery5may apply to the authority for a license under this chapter to sell6other alcoholic beverages at retail for consumption on the premises at7such establishment] at the licensed premises, conduct tastings of any 8 beer manufactured by the licensee or any New York state labeled beer, or 9 any alcoholic beverage for consumption licensed pursuant to paragraph 10 (e) of this subdivision. Provided however, the licensee shall regularly 11 keep food available for sale or service to its retail customers for 12 consumption on the premises. Provided, however, for tastings and sales 13 for on-premises consumption, the licensee shall regularly keep food 14 available for sale or service to its retail customers for consumption on 15 the premises. A licensee providing the following shall be deemed in 16 compliance with this provision: (i) sandwiches, soups, or other such 17 foods, whether fresh, processed, pre-cooked or frozen; and/or (ii) food 18 items to complement the tasting of alcoholic beverages, which shall mean 19 a diversified selection of food that is ordinarily consumed without the 20 use of tableware and can be conveniently consumed while standing or 21 walking, including but not limited to: cheeses, fruits, vegetables, 22 chocolates, breads, mustards and crackers. All of the provisions of this 23 chapter relative to licensees selling cider at retail shall apply; and 24 (iii) operate a restaurant, hotel, catering establishment, or other food 25 and drinking establishment in or adjacent to the licensed premises and 26 sell at such place, in addition to any food items or other permitted 27 items, at retail for consumption on the premises, only cider manufac- 28 tured by the licensee and any New York state labeled cider. All of the 29 provisions of this chapter relative to licensees to selling cider at 30 retail shall apply. Notwithstanding any other provision of law, the 31 licensed farm brewery may apply to the authority for a license under 32 this chapter to sell other alcoholic beverages at retail for consumption 33 on the premises at such establishment, but the privileges contained in 34 paragraph (e) of this subdivision shall not extend to the premises of 35 the restaurant, hotel, or catering establishment; 36 [(h)] (g) sell beer and cider manufactured by the licensee or any 37 other [licensed] farm brewery licensed in New York state at retail for 38 consumption off the premises, at the state fair, at recognized county 39 fairs and at farmers markets operated on a not-for-profit basis; and 40 [(i) conduct tastings of and sell at retail for consumption off the41premises New York state labelled wine manufactured by a licensed winery42or licensed farm winery;43(j) conduct tastings of and sell at retail for consumption off the44premises New York state labelled cider manufactured by a licensed cider45producer or licensed farm cidery;46(k) conduct tastings of and sell at retail for consumption off the47premises New York state labelled liquor manufactured by a licensed48distiller or licensed farm distiller; provided, however, that no consum-49er may be provided, directly or indirectly: (i) with more than three50samples of liquor for tasting in one calendar day; or (ii) with a sample51of liquor for tasting equal to more than one-quarter fluid ounce; and52(l)] (h) engage in any other business on the licensed premises subject 53 to such rules and regulations as the authority may prescribe. Such rules 54 and regulations shall determine which businesses will be compatible with 55 the policy and purposes of this chapter and shall consider the effect ofS. 1185 6 1 particular businesses on the community and area in the vicinity of the 2 farm brewery licensee. 3 § 8. This act shall take effect on the ninetieth day after it shall 4 have become a law. Effective immediately, the addition, amendment and/or 5 repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date.