Bill Text: NY S05427 | 2019-2020 | General Assembly | Introduced


Bill Title: Expands the number of barrels that a restaurant brewer may sell at retail.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2019-12-16 - approval memo.46 [S05427 Detail]

Download: New_York-2019-S05427-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5427
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 30, 2019
                                       ___________
        Introduced  by  Sens.  KAPLAN, LITTLE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Commerce, Econom-
          ic Development and Small Business
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          expanding  the  amount of barrels that a restaurant brewer may sell at
          retail
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions  5,  12,  13,  14,  15, 16, 17, 18 and 19 of
     2  section 64-c of the alcoholic beverage control  law,  subdivision  5  as
     3  amended  by chapter 366 of the laws of 2012, subdivisions 12, 13, 14, 15
     4  and 16 as added by chapter 538 of the laws of 1997,  subdivision  17  as
     5  added  by  chapter  562  of the laws of 2006, subdivision 18 as added by
     6  chapter 181 of the laws of 2008 and subdivision 19 as added  by  chapter
     7  318 of the laws of 2016, are amended to read as follows:
     8    5.  Such restaurant-brewer license shall in form and in substance be a
     9  license to the person specifically licensed to operate a restaurant  and
    10  sell  liquor  at  retail  to  be  consumed  on the premises specifically
    11  licensed. Such license shall also be deemed to include a license to:
    12    (a) sell wine and beer at retail to be consumed under the  same  terms
    13  and conditions, without the payment of any additional fee; and
    14    (b)  sell beer brewed on the premises to other retail licensees, where
    15  such license is held by the same person  holding  the  restaurant-brewer
    16  license,  or  to  commonly  owned affiliate licenses, provided that such
    17  beer is sold through a New York state licensed beer wholesaler.
    18    (c) sell, in the aggregate, no more than two thousand barrels of  beer
    19  brewed  on  the  premises  to  other  retail licensees, where such other
    20  retail licensees are not held by the same  person  holding  the  restau-
    21  rant-brewer  licenses  or  are  not  commonly  owned affiliate licenses,
    22  provided that such beer is sold through a New York state  licensed  beer
    23  wholesaler;
    24    (d)  sell, in the aggregate, no more than two thousand barrels of beer
    25  brewed on the licensed premises at retail to a person for consumption in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01446-01-9

        S. 5427                             2
     1  their home and at retail in bulk by the keg, cask or barrel for consump-
     2  tion and not for resale.
     3    [12.  The  liquor  authority may in its discretion and upon such terms
     4  and conditions as it may prescribe, issue to a licensed restaurant-brew-
     5  er upon his application therefor a supplemental license authorizing  the
     6  restaurant-brewer to sell beer brewed on the licensed premises at retail
     7  to  a  person for consumption in his home, at retail in bulk by the keg,
     8  cask or barrel for consumption and not for resale at a clambake,  barbe-
     9  cue,  picnic,  outing  or  other similar outdoor gathering at which more
    10  than fifty persons are  assembled  and  at  wholesale.  Such  additional
    11  license shall permit the sale of up to two hundred fifty barrels of beer
    12  per  year. No person, who holds multiple licenses under this section and
    13  applies for and receives multiple supplemental licenses, may sell, under
    14  those supplemental licenses, in the aggregate  more  than  one  thousand
    15  barrels of beer per year.
    16    13.  For  the  exercise  of the privilege granted by such supplemental
    17  license issued  under  subdivision  twelve  of  this  section  there  is
    18  assessed  a  fee to be paid by the licensee in the sum of eleven hundred
    19  twenty-five dollars per three-year period  plus  a  one  hundred  dollar
    20  filing fee and which fee shall be in addition to the fee provided for in
    21  this section for a restaurant-brewer license.
    22    14.  An application for a supplemental license under subdivision thir-
    23  teen of this section shall be in such form and shall contain such infor-
    24  mation as shall be required by the liquor authority and shall be  accom-
    25  panied  by  a  check  or  draft  in  the  amount required by subdivision
    26  thirteen of this section.
    27    15.] 12. The fee for  an  original  and  a  renewal  restaurant-brewer
    28  license  shall  be  fifty-eight hundred fifty dollars in the counties of
    29  New York, Kings, Bronx and Queens; forty-three hundred fifty dollars  in
    30  the  county  of  Richmond and in cities having a population of more than
    31  one hundred thousand and  less  than  one  million;  thirty-six  hundred
    32  dollars  in  cities  having a population of more than fifty thousand and
    33  less than one hundred thousand; and  the  sum  of  twenty-eight  hundred
    34  fifty  dollars  elsewhere.  Said license shall run for a period of three
    35  years. In addition to the license fees provided for in this subdivision,
    36  there shall be paid to the authority with  each  initial  application  a
    37  filing  fee  of  two hundred dollars and with each renewal application a
    38  filing fee of one hundred dollars.
    39    [16. A restaurant-brewer license  issued  under  this  section  and  a
    40  supplemental license issued under this section shall run concurrently.
    41    17.] 13. (a) A licensee or his or her employee may serve small samples
    42  of  beer  or  malt beverages he or she produces at their licensed estab-
    43  lishments.
    44    (b) Each serving at such tasting shall be served only by the brewer or
    45  his or her employee and shall be limited to three ounces or  less  of  a
    46  brand of beer or malt beverage produced by the brewer and no consumer of
    47  legal  age  shall  be  provided  or given more than two servings of such
    48  brands offered for tasting.
    49    (c) The authority is authorized and directed to promulgate such  rules
    50  and  regulations,  as it deems necessary or appropriate to implement the
    51  provisions of this subdivision to protect the health, safety and welfare
    52  of the people of this state.
    53    [18.] 14. Notwithstanding the provisions of subdivision  six  of  this
    54  section  or  of  subdivision thirteen of section one hundred six of this
    55  chapter, the authority may issue a restaurant brewer's license  pursuant
    56  to  this section for a premises which shall be located wholly within the

        S. 5427                             3
     1  town of Ulster, county  of  Ulster,  state  of  New  York,  bounded  and
     2  described as follows:
     3    ALL  that certain plot, piece or parcel of land with the buildings and
     4  improvements thereon erected, situate, lying and being in  the  Town  of
     5  Ulster,  County  of  Ulster  and  the  State  of  New  York, bounded and
     6  described as follows:
     7    BEGINNING at a point on the Northeasterly side of City  View  Terrace,
     8  said  point  being  the Westerly corner of the lands of the State of New
     9  York and a Southwesterly corner of the herein described  parcel;  THENCE
    10  from  said  point of beginning along the Northeasterly side of City View
    11  Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet  to  a
    12  point  on  the Southeasterly side of Forest Hill Drive; THENCE along the
    13  Southeasterly side  of  Forest  Hill  Drive  the  following  course  and
    14  distances,  North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a
    15  point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
    16  a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
    17  to a point; THENCE North 46 degrees 30 minutes 26 seconds  East,  203.40
    18  feet  to  a  point;  THENCE North 62 degrees 37 minutes 26 seconds East;
    19  115.94 feet to a point; THENCE North 79 degrees 39  minutes  26  seconds
    20  East,  47.82  feet  to  a  point;  THENCE North 45 degrees 16 minutes 41
    21  seconds East, 63.33 feet to a recovered bar; THENCE along the bounds  of
    22  lands  of now or formerly Skytop Village Associates, L. 1916-P. 134, the
    23  following courses and distances, South 37 degrees 08 minutes 02  seconds
    24  East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
    25  02  seconds  East,  90.63  feet  to  a point; THENCE North 77 degrees 23
    26  minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
    27  degrees 29 minutes 58 seconds East, 297.09  feet  to  a  recovered  bar;
    28  THENCE  South  63  degrees  30 minutes 02 seconds East, 108.50 feet to a
    29  recovered bar; THENCE along the bounds  of  lands  of  now  or  formerly
    30  Robert  D.  Sabino,  L.  1487-P.  397,  and along a stone wall, South 32
    31  degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE leav-
    32  ing said stone and along the bounds of lands of now or formerly  Stanley
    33  Amerling,  L.  1440-P. 908, South 75 degrees 41 minutes 26 seconds West,
    34  264.62 feet to a point; THENCE along the bounds of lands of Summit Prop-
    35  erties, LLC, L. 2856-P. 82, the following courses and  distances,  North
    36  41  degrees  29  minutes  34 seconds West, 50.00 feet to a point; THENCE
    37  South 71 degrees 10 minutes 26 seconds West,  89.84  feet  to  a  point;
    38  THENCE  South  59  degrees  51 minutes 26 seconds West, 251.72 feet to a
    39  point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20 feet to
    40  a point; THENCE along the bounds of lands of said State of New York, the
    41  following courses and distances, North 56 degrees 41 minutes 34  seconds
    42  West,  168.79  feet  to  a  point; THENCE North 75 degrees 51 minutes 34
    43  seconds West, 254.10 feet to the point and place of beginning. Being the
    44  same premises as conveyed to Skytop Motel, LLC by deed of Stewart Title,
    45  as agent of the grantor, Skytop Motel, Inc., dated April  29,  2003  and
    46  recorded  in  the  office of the Ulster County Clerk on June 10, 2003 as
    47  document no. 2003-00016207, Receipt no. 48178, Bk-D VI-3621, pg-171.
    48    [19.] 15. Notwithstanding the provisions of subdivision  six  of  this
    49  section  or  of  subdivision thirteen of section one hundred six of this
    50  chapter, the authority may issue a restaurant brewer's license  pursuant
    51  to  this section for a premises which shall be located wholly within the
    52  city of Peekskill, county of Westchester, state of New York, bounded and
    53  described as follows:
    54    Any such premises or business located on all that  certain  parcel  of
    55  land  situate  in the City of Peekskill, County of Westchester and State
    56  of New York, that is a portion of Parcel  I  as  it  is  shown  on  that

        S. 5427                             4
     1  certain map entitled, "Survey . . at Charles Point . . " which was filed
     2  in  the Westchester County Clerk's Office on October 23, 1980 as Map No.
     3  20407 that is bounded and described as follows:
     4    BEGINNING at a point on the easterly shoreline of the Hudson River and
     5  within  the bounds of the said Parcel I as it is shown on the said Filed
     6  Map NO. 20407, which point occupies coordinate position:
     7    North 464418.83 (y)
     8    East 607401.00 (x)
     9    of the New York State Coordinate System, East Zone and which point  is
    10  distant,  the  following courses from the southerly corner of the Parcel
    11  shown on Map No. 20407 that occupies coordinate position
    12    North 463520.804 (y)
    13    East 608470.681 (x)
    14    of the aforesaid New York State Coordinate System, East Zone:
    15    North 47 degrees 30' 36" West 856.60 feet,
    16    North 77 degrees 10' 53" West 488.18 feet,
    17    North 41 degrees 17' 53" West 113.32 feet and
    18    North 41 degrees 50' 16" East 169.08 feet;
    19    THENCE from the said point of beginning along the said easterly shore-
    20  line (high water mark) of the east bank of the Hudson River:
    21    Due North 16.17 feet,
    22    North 53 degrees 58' 22" West 13.60 feet,
    23    North 73 degrees 04' 21" West 24.04 feet,
    24    North 63 degrees 26' 06" West 22.36 feet,
    25    North 82 degrees 18' 14" West 37.34 feet,
    26    North 64 degrees 47' 56" West 37.58 feet,
    27    South 82 degrees 52' 30" West 16.12 feet,
    28    North 61 degrees 41' 57" West 14.76 feet and
    29    South 21 degrees 48' 05" West 9.71 feet;
    30    THENCE leaving the high water mark and running across a  peninsula  of
    31  land and along the division line between Parcel I and Parcel II as shown
    32  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
    33  another  point  on  the said easterly shoreline (high water mark) of the
    34  East Bank of the Hudson River;
    35    THENCE northerly along the said high water mark, the following  cours-
    36  es:
    37    North 3 degrees 00' 46" West 17.54 feet,
    38    North 13 degrees 45' 39" West 50.45 feet,
    39    North 10 degrees 49' 23" West 69.23 feet,
    40    North  0 degrees 47' 22" West 52.48 feet to a point which is the point
    41  of beginning of the hereinafter described 40 foot easement  which  point
    42  occupies coordinate position
    43    North 464676.48 (y)
    44    East 607189.28 (x)
    45    of the New York State Coordinate System, East Zone;
    46    THENCE  continuing  along the aforesaid easterly shoreline (high water
    47  mark) of the East Bank of the Hudson, the following courses:
    48    North 10 degrees 18' 17" West 23.91 feet,
    49    North 39 degrees 04' 58" West 21.39 feet,
    50    North 20 degrees 13' 30" West 21.74 feet,
    51    North 39 degrees 02' 08" West 95.27 feet,
    52    North 13 degrees 08' 02" West 30.81 feet,
    53    North 18 degrees 26' 06" West 53.76 feet,
    54    North 28 degrees 10' 43" West 63.53 feet,
    55    North 18 degrees 26' 06" West 50.60 feet,
    56    North 37 degrees 14' 05" West 31.40 feet,

        S. 5427                             5
     1    North 21 degrees 15' 02" West 96.57 feet,
     2    North 32 degrees 00' 19" West 47.17 feet,
     3    North 1 degree 18' 07" West 44.01 feet and
     4    North  17  degrees 14' 29" East 29.32 feet to a point on the southerly
     5  line of lands under lease to the County of Westchester (Resco Site);
     6    THENCE along the said County of Westchester (Resco  Site)  lands:  Due
     7  East  432.31  feet  to a point on the westerly line of an easement and a
     8  right-of-way leading to Charles Point Avenue;
     9    THENCE along the said westerly and  southwesterly  line  of  the  said
    10  right-of-way  leading to Charles Point Avenue: Due South 241.16 feet and
    11  South 27 degrees 13' 00" East 406.90 feet to a point;
    12    THENCE leaving the said easement and running along other lands now  or
    13  formerly  of  The City of Peekskill Industrial Development Agency, South
    14  41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly
    15  shoreline (high water mark) of the East Bank of the Hudson River and the
    16  point or place of beginning.
    17    TOGETHER  with an easement over all that parcel of land situate in the
    18  City of Peekskill, County of Westchester and State of New York  that  is
    19  more particularly bounded and described as follows:
    20    BEGINNING at a point on the westerly line of Charles Point Avenue with
    21  the  said westerly line is intersected by the line dividing the easement
    22  herein described on the south from lands under lease to  the  County  of
    23  Westchester  (Resco  Site)  on the north which point occupies coordinate
    24  position:
    25    North 464719.99 (y)
    26    East 608004.15 (x)
    27    of the New York State Coordinate System, East Zone;
    28    THENCE from the said point  of  beginning  southerly  along  the  said
    29  westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West
    30  103.48 feet to a point;
    31    THENCE westerly along other lands of the City of Peekskill  Industrial
    32  Development Agency: Due West 396.44 feet to a point which is the easter-
    33  ly most corner of the lands of Point Associates, the grantee herein;
    34    THENCE  along  the  northeasterly  line  of the said Point Associates'
    35  land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16
    36  feet to a point on the southerly line of the aforementioned lands leased
    37  to the County of Westchester (Resco Site);
    38    THENCE easterly along the said southerly line Due East 75.00 feet to a
    39  point;
    40    THENCE southeasterly and easterly still along the said lands leased to
    41  the County of Westchester (Resco Site) the following courses:
    42    Due South 223.00 feet,
    43    South 27 degrees 13' 00" East 314.87 feet and
    44    Due  East  390.14  feet to the aforementioned westerly line of Charles
    45  Point Avenue and the point or place of BEGINNING.
    46    TOGETHER WITH a non-exclusive easement for utilities, and ingress  and
    47  egress over that certain right of way leading from Charles Point Avenue,
    48  now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly
    49  direction to the above described premises and as more fully described in
    50  the Declaration of Easement recorded in Liber 8888 cp 35.
    51    § 2. This act shall take effect on the thirtieth day  after  it  shall
    52  have become a law. Effective immediately, the addition, amendment and/or
    53  repeal  of  any  rule  or regulation necessary for the implementation of
    54  this act on its effective date are authorized and directed  to  be  made
    55  and completed on or before such effective date.
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