Bill Text: NY S05401 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the issuance of a winery and cidery license for a certain premises in Orange County in order to allow the licensee to conduct tastings of, and sell cider for consumption so long as the licensee keeps food available for sale to its customers on the premises.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S05401 Detail]
Download: New_York-2017-S05401-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5401 2017-2018 Regular Sessions IN SENATE March 24, 2017 ___________ Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the alcoholic beverage control law, in relation to winery and cidery licenses issued for a premises in Orange County The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 58 of the alcoholic beverage control law is amended 2 by adding a new subdivision 3-b to read as follows: 3 3-b. (a) Notwithstanding any provision of this section to the contra- 4 ry, a person holding a cider producer license at the premises described 5 in this subdivision may conduct tastings of, and sell at retail for 6 consumption on or off the licensed premises, any cider produced by such 7 person at any other location: All that certain plot, piece or parcel of 8 land situated, lying and being in the Town of Montgomery, County of 9 Orange and being further bounded and described as follows: beginning at 10 a point at the approximate centerline of Albany Post Road, (County Road 11 14), said point being the northeasterly corner of the herein described 12 parcel; thence along the division line between the herein described 13 parcel and the lands now or formerly of Christopher M. Piscopo as 14 described in Book 12496 of Deeds at Page 354, N 52° 46' 00" W 247.55 15 feet to the northwesterly corner of the herein described parcel; thence 16 along the division line between the herein described parcel and the 17 lands now or formerly of the Albany Post Orchards, LLC as described in 18 Book 11892 of Deeds at Page 1358; S 39° 05' 00" W 465.81 feet to the 19 southwesterly corner of the herein described parcel; thence along the 20 division line between the herein described parcel and the lands now or 21 formerly of Marie Eckstein, Anita Eckstein and Elaine Putnam, Trustees, 22 Marie Eckstein Revocable Indenture of Trust as described in Book 13291 23 of Deeds at Page 1985, S 64° 36' 00" E 165.78 feet to the southeasterly 24 corner of the herein described parcel of land the lands now or formerly EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03743-01-7S. 5401 2 1 of Frank Moricco, N40° 02' 00" E 220.05 feet and S54° 39' 00" E 181.95 2 feet to a point in the approximate centerline of Albany Post Road; 3 thence along the approximate centerline of Albany Post Road, N13° 05' 4 00" E 225.54 feet to the point or place of beginning. 5 (b) Provided, however, that for tastings and sales for on-premises 6 consumption, the licensee shall regularly keep food available for sale 7 or service to its retail customers for consumption on the premises. A 8 licensee providing the following shall be deemed in compliance with this 9 provision: sandwiches, soups or other such foods, whether fresh, proc- 10 essed, pre-cooked or frozen; and/or food items intended to complement 11 the tasting of alcoholic beverages, which shall mean a diversified 12 selection of food that is ordinarily consumed without the use of table- 13 ware and can be conveniently consumed while standing or walking, includ- 14 ing but not limited to: cheeses, fruits, vegetables, chocolates, breads, 15 mustards and crackers. All of the provisions of this chapter relative to 16 licenses to sell cider at retail for consumption on and off the premises 17 shall apply so far as applicable to such licensee. 18 § 2. Section 76 of the alcoholic beverage control law is amended by 19 adding a new subdivision 4-b to read as follows: 20 4-b. (a) Notwithstanding any provision of this section to the contra- 21 ry, a person holding a winery license at the premises described in this 22 subdivision may conduct tastings of, and sell at retail for consumption 23 on or off the licensed premises, any wine produced by such person at any 24 other location: All that certain plot, piece or parcel of land situated, 25 lying and being in the Town of Montgomery, County of Orange and being 26 further bounded and described as follows: beginning at a point at the 27 approximate centerline of Albany Post Road, (County Road 14), said point 28 being the northeasterly corner of the herein described parcel; thence 29 along the division line between the herein described parcel and the 30 lands now or formerly of Christopher M. Piscopo as described in Book 31 12496 of Deeds at Page 354, N 52° 46' 00" W 247.55 feet to the northwes- 32 terly corner of the herein described parcel; thence along the division 33 line between the herein described parcel and the lands now or formerly 34 of the Albany Post Orchards, LLC as described in Book 11892 of Deeds at 35 Page 1358; S 39° 05' 00" W 465.81 feet to the southwesterly corner of 36 the herein described parcel; thence along the division line between the 37 herein described parcel and the lands now or formerly of Marie Eckstein, 38 Anita Eckstein and Elaine Putnam, Trustees, Marie Eckstein Revocable 39 Indenture of Trust as described in Book 13291 of Deeds at Page 1985, S 40 64° 36' 00" E 165.78 feet to the southeasterly corner of the herein 41 described parcel of land the lands now or formerly of Frank Moricco, 42 N40° 02' 00" E 220.05 feet and S54° 39' 00" E 181.95 feet to a point in 43 the approximate centerline of Albany Post Road; thence along the approx- 44 imate centerline of Albany Post Road, N13° 05' 00" E 225.54 feet to the 45 point or place of beginning. 46 (b) Provided, however, that for tastings and sales for on-premises 47 consumption, the licensee shall regularly keep food available for sale 48 or service to its retail customers for consumption on the premises. A 49 licensee providing the following shall be deemed in compliance with this 50 provision: sandwiches, soups or other such foods, whether fresh, proc- 51 essed, pre-cooked or frozen; and/or food items intended to complement 52 the tasting of alcoholic beverages, which shall mean a diversified 53 selection of food that is ordinarily consumed without the use of table- 54 ware and can be conveniently consumed while standing or walking, includ- 55 ing but not limited to: cheeses, fruits, vegetables, chocolates, breads, 56 mustards and crackers. All of the provisions of this chapter relative toS. 5401 3 1 licenses to sell wine at retail for consumption on and off the premises 2 shall apply so far as applicable to such licensee. 3 § 3. This act shall take effect immediately.
