Bill Text: NY S01652 | 2011-2012 | General Assembly | Amended

New York Senate Bill 1652 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages at certain events; includes fees and definition of small sample; such permit shall include the privilege to sell such beverages for consumption off-premises.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-27 - PRINT NUMBER 1652A [S01652 Detail]

Download: New_York-2011-S01652-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1652--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 11, 2011
                                      ___________
       Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Commerce, Economic  Devel-
         opment and Small Business -- recommitted to the Committee on Commerce,
         Economic Development and Small Business in accordance with Senate Rule
         6,  sec. 8 -- 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
         permits  for  brewers,  manufacturers  and  importers  of beer or malt
         beverages
         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 amended
    2  by adding a new subdivision 9 to read as follows:
    3    9.  (A)  A  BREWER OR MANUFACTURER AS DEFINED IN SECTION THREE OF THIS
    4  CHAPTER, OR AN IMPORTER HAVING A BASIC PERMIT  AS  REQUIRED  BY  SECTION
    5  1.20 OF TITLE 27 OF THE CODE OF FEDERAL REGULATIONS, MAY OBTAIN A PERMIT
    6  TO  SERVE SMALL SAMPLES OF BEER OR MALT BEVERAGES IT PRODUCES OR IMPORTS
    7  AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS.
    8    (B) THE FEE FOR SUCH PERMIT SHALL  BE  TWENTY  DOLLARS  AND  SHALL  BE
    9  ISSUED BY THE AUTHORITY AND DATED FOR ITS PERIOD OF USE, WHICH SHALL NOT
   10  EXCEED THREE DAYS.
   11    (C)  TASTINGS  AT  SUCH OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCA-
   12  SIONS OR EVENTS SHALL BE CONDUCTED ONLY WITHIN THE  HOURS  FIXED  BY  OR
   13  PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER,
   14  DURING  WHICH  ALCOHOLIC  BEVERAGES  MAY BE LAWFULLY SOLD OR SERVED UPON
   15  PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR  CONSUMPTION
   16  IN  THE  COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR OR INDOOR
   17  GATHERING, FUNCTION, OCCASION OR EVENT IS HELD.
   18    (D) EACH SERVING AT TASTINGS SHALL BE SERVED ONLY  BY  THE  BREWER  OR
   19  MANUFACTURER  OR  IMPORTER OR ITS EMPLOYEE AND SHALL BE LIMITED TO THREE
   20  OUNCES OR LESS OF A BRAND OF BEER OR MALT BEVERAGE PRODUCED OR  IMPORTED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06313-03-2
       S. 1652--A                          2
    1  BY  THE  BREWER OR MANUFACTURER OR IMPORTER AND NO CONSUMER OF LEGAL AGE
    2  SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
    3  FOR TASTING.
    4    (E)  THE  BREWER  OR MANUFACTURER OR IMPORTER SHALL BE RESPONSIBLE FOR
    5  ENSURING THAT SUCH SAMPLES ARE ONLY SERVED TO INDIVIDUALS LEGALLY ELIGI-
    6  BLE TO CONSUME ALCOHOLIC BEVERAGES IN THIS STATE.
    7    (F) THE AUTHORITY MAY  ISSUE  PERMITS  TO  MORE  THAN  ONE  BREWER  OR
    8  MANUFACTURER OR IMPORTER FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNC-
    9  TION, OCCASION OR EVENT.
   10    (G)  SUCH  PERMIT  SHALL  INCLUDE  THE  PRIVILEGE TO SELL BEER OR MALT
   11  BEVERAGES PRODUCED BY THE BREWER OR MANUFACTURER OR SOLD BY THE IMPORTER
   12  AT SUCH OUTDOOR OR INDOOR GATHERING, FUNCTION,  OCCASION  OR  EVENT,  IN
   13  SEALED CONTAINERS FOR OFF-PREMISES CONSUMPTION.
   14    (H)  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM THE
   15  SAMPLING OR SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED  BY  THIS
   16  SUBDIVISION,  AND  IN  ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100
   17  AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER OR
   18  MANUFACTURER OR IMPORTER.
   19    (I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS  TO
   20  A  BREWER OR MANUFACTURER OR IMPORTER TO OBTAIN SUCH PERMIT, AND PROMUL-
   21  GATE SUCH RULES AND REGULATIONS, AS IT DEEMS NECESSARY OR APPROPRIATE TO
   22  IMPLEMENT THE PROVISIONS OF THIS  SUBDIVISION  TO  PROTECT  THE  HEALTH,
   23  SAFETY AND WELFARE OF THE PEOPLE OF THIS STATE.
   24    S 2. This act shall take effect immediately.