Bill Text: NY S06711 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the creation of a farm brewery license.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2012-03-12 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06711 Detail]
Download: New_York-2011-S06711-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6711
I N S E N A T E
March 12, 2012
___________
Introduced by Sens. VALESKY, CARLUCCI, KLEIN, RITCHIE, SAVINO -- (at
request of the State Liquor Authority) -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
AN ACT to amend the alcoholic beverage control law and the agriculture
and markets law, in relation to the creation of a farm brewery license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 12-aaa to read as follows:
3 12-AAA. "FARM BREWERY" MEANS AND INCLUDES ANY PLACE OR PREMISES,
4 LOCATED ON A FARM IN NEW YORK STATE, IN WHICH BEER IS MANUFACTURED AND
5 SOLD.
6 S 2. Section 3 of the alcoholic beverage control law is amended by
7 adding a new subdivision 20-d to read as follows:
8 20-D. "NEW YORK STATE LABELLED BEER" MEANS:
9 (A) FROM THE EFFECTIVE DATE OF THIS SUBDIVISION UNTIL DECEMBER THIR-
10 TY-FIRST, TWO THOUSAND SEVENTEEN, BEER MADE WITH NO LESS THAN TWENTY
11 PERCENT OF ITS HOPS GROWN OR PRODUCED IN NEW YORK STATE AND NO LESS THAN
12 FORTY PERCENT OF ALL OF ITS OTHER INGREDIENTS GROWN OR PRODUCED IN NEW
13 YORK STATE; AND
14 (B) FROM JANUARY FIRST, TWO THOUSAND EIGHTEEN UNTIL DECEMBER
15 THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, BEER MADE WITH NO LESS THAN SIXTY
16 PERCENT OF ITS HOPS GROWN OR PRODUCED IN NEW YORK STATE AND NO LESS THAN
17 SEVENTY-FIVE PERCENT OF ALL OF ITS OTHER INGREDIENTS GROWN OR PRODUCED
18 IN NEW YORK STATE; AND
19 (C) FROM JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND THEREAFTER, BEER
20 MADE WITH NO LESS THAN NINETY PERCENT OF ITS HOPS GROWN OR PRODUCED IN
21 NEW YORK STATE AND NO LESS THAN NINETY PERCENT OF ALL OF ITS OTHER
22 INGREDIENTS GROWN OR PRODUCED IN NEW YORK STATE.
23 S 3. The alcoholic beverage control law is amended by adding a new
24 section 51-a to read as follows:
25 S 51-A. FARM BREWERY LICENSE. 1. ANY PERSON MAY APPLY TO THE AUTHORI-
26 TY FOR A FARM BREWERY LICENSE AS PROVIDED FOR IN THIS CHAPTER TO BREW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14554-02-2
S. 6711 2
1 BEER WITHIN THIS STATE FOR SALE. SUCH APPLICATION SHALL BE IN WRITING
2 AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE AUTHORITY SHALL
3 REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR
4 THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHORITY
5 GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL
6 BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF
7 THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO
8 THE PERSON THEREIN SPECIFICALLY DESIGNATED TO BREW BEER IN THE PREMISES
9 THEREIN SPECIFICALLY LICENSED.
10 2. EXCEPT AS PROVIDED FOR IN SUBDIVISIONS SEVEN AND EIGHT OF THIS
11 SECTION, THE PROVISIONS OF SECTION FIFTY-ONE OF THIS ARTICLE SHALL APPLY
12 TO A LICENSE ISSUED UNDER THIS SECTION.
13 3. (A) A FARM BREWERY LICENSEE MAY APPLY FOR A PERMIT TO CONDUCT TAST-
14 INGS OF BEER PRODUCED BY THE LICENSEE. SUCH PERMITS SHALL BE VALID
15 THROUGHOUT THE STATE AND MAY BE ISSUED ON AN ANNUAL BASIS OR FOR INDI-
16 VIDUAL EVENTS. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGE GRANT-
17 ED THEREBY SHALL BE SUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORI-
18 TY AS IT DEEMS NECESSARY.
19 (B) TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING LIMITATIONS:
20 (I) BEER TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT, REPRESEN-
21 TATIVE OR SOLICITOR OF ONE OR MORE FARM BREWERIES. SUCH AGENT, REPRESEN-
22 TATIVE OR SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE
23 CONDUCT OF THE TASTINGS; AND
24 (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
25 BEER TASTING AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS
26 OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL
27 ACCRUE TO THE FARM BREWERY.
28 (C) SUCH FARM BREWERY MAY CHARGE A FEE FOR EACH BEER SAMPLE TASTED.
29 4. A FARM BREWERY LICENSEE HOLDING A TASTING PERMIT ISSUED PURSUANT TO
30 SUBDIVISION THREE OF THIS SECTION MAY APPLY TO THE AUTHORITY FOR A
31 PERMIT TO SELL BEER PRODUCED BY SUCH FARM BREWERY, BY THE BOTTLE, DURING
32 SUCH TASTINGS IN PREMISES LICENSED UNDER SECTIONS SIXTY-FOUR,
33 SIXTY-FOUR-A, EIGHTY-ONE AND EIGHTY-ONE-A OF THIS CHAPTER. EACH SUCH
34 PERMIT AND THE EXERCISE OF THE PRIVILEGE GRANTED THEREBY SHALL BE
35 SUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORITY AS IT DEEMS NECES-
36 SARY.
37 5. A FARM BREWERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO MANU-
38 FACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS MUSTARDS,
39 SAUCES, HOP SEASONINGS, BEER NUTS, AND OTHER HOPS AND BEER RELATED FOODS
40 IN ADDITION TO BEER AND HOP SOAPS, HOP PILLOWS, HOP WREATHS AND OTHER
41 SUCH FOOD AND CRAFTS ON AND FROM THE LICENSED PREMISES. SUCH LICENSE
42 SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL GIFT ITEMS IN A
43 TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO THE SALE OF BEER.
44 THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
45 (A) NON-ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES,
46 INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES.
47 (B) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING BEER TASTINGS, SHALL
48 MEAN A DIVERSIFIED SELECTION OF FOOD WHICH IS ORDINARILY CONSUMED WITH-
49 OUT THE USE OF TABLEWARE AND CAN CONVENIENTLY BE CONSUMED WHILE STANDING
50 OR WALKING. SUCH FOOD ITEMS SHALL INCLUDE BUT NOT BE LIMITED TO: CHEES-
51 ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS.
52 (C) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND
53 ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR IMMEDIATE
54 CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED INTO A
55 PACKAGE CONTAINING BEER AND/OR HOP RELATED PRODUCT.
S. 6711 3
1 (D) BEER SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM
2 UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF BEER OR FOR DECORA-
3 TIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE
4 COMBINED INTO A PACKAGE CONTAINING BEER.
5 (E) BEER-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO,
6 HOME BEER-MAKING OR HOMEBREWING KITS, FILTERS, BOTTLING EQUIPMENT, HOPS,
7 BARLEY, YEASTS, CHEMICALS AND OTHER BEER ADDITIVES, AND BOOKS OR OTHER
8 WRITTEN MATERIAL TO ASSIST BEER-MAKERS AND HOME BEER-MAKERS OR HOMEBREW-
9 ERS TO PRODUCE AND BOTTLE BEER.
10 (F) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
11 ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
12 WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.
13 (G) NEW YORK STATE LABELLED BEER PRODUCED OR MANUFACTURED BY A
14 LICENSED BREWER OR FARM BREWERY. SUCH BEER MAY BE PURCHASED OUTRIGHT BY
15 THE LICENSEE FROM THE LICENSED BREWER OR FARM BREWERY OR OBTAINED ON A
16 CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREEMENT BETWEEN THE SELLING
17 AND PURCHASING LICENSEE.
18 (H) NEW YORK STATE LABELLED WINE PRODUCED OR MANUFACTURED BY A
19 LICENSED WINERY OR FARM WINERY. SUCH WINE MAY BE PURCHASED OUTRIGHT BY
20 THE LICENSEE FROM A LICENSED WINERY OR FARM WINERY OR OBTAINED ON A
21 CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREEMENT BETWEEN THE SELLING
22 AND PURCHASING LICENSEE.
23 6. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY
24 FARM BREWERY LICENSEE MAY CHARGE FOR TOURS OF ITS PREMISES.
25 7. NO FARM BREWERY SHALL MANUFACTURE IN EXCESS OF SIXTY THOUSAND
26 FINISHED BARRELS OF BEER ANNUALLY.
27 8. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, NO
28 LICENSED FARM BREWERY SHALL MANUFACTURE OR SELL ANY BEER OTHER THAN NEW
29 YORK STATE LABELLED BEER.
30 (B) IN THE EVENT THAT THE COMMISSIONER OF AGRICULTURE AND MARKETS,
31 AFTER INVESTIGATING AND COMPILING INFORMATION PURSUANT TO SUBDIVISION
32 FORTY-TWO OF SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW, DETER-
33 MINES THAT A NATURAL DISASTER, ACT OF GOD, OR CONTINUED ADVERSE WEATHER
34 CONDITION HAS DESTROYED MUCH OF THE NECESSARY INGREDIENTS FOR BREWING
35 BEER, THE COMMISSIONER, IN CONSULTATION WITH THE CHAIRMAN OF THE AUTHOR-
36 ITY, MAY GIVE AUTHORIZATION TO A DULY LICENSED FARM BREWERY TO MANUFAC-
37 TURE OR SELL BEER PRODUCED FROM INGREDIENTS GROWN OR PRODUCED OUTSIDE
38 THIS STATE. NO SUCH AUTHORIZATION SHALL BE GRANTED TO A FARM BREWERY
39 LICENSEE UNLESS SUCH LICENSEE CERTIFIES TO THE COMMISSIONER THE QUANTITY
40 OF NEW YORK GROWN INGREDIENTS UNAVAILABLE TO SUCH LICENSEE DUE TO SUCH
41 NATURAL DISASTER, ACT OF GOD OR CONTINUING ADVERSE WEATHER CONDITION AND
42 SATISFIES THE COMMISSIONER THAT REASONABLE EFFORTS WERE MADE TO OBTAIN
43 BREWING INGREDIENTS FROM A NEW YORK STATE SOURCE FOR SUCH BEER-MAKING
44 PURPOSE. NO FARM BREWERY SHALL UTILIZE AN AMOUNT OF OUT-OF-STATE GROWN
45 OR PRODUCED INGREDIENTS EXCEEDING THE AMOUNT OF NEW YORK GROWN INGREDI-
46 ENTS THAT SUCH BREWERY IS UNABLE TO OBTAIN DUE TO THE DESTRUCTION OF NEW
47 YORK GROWN OR PRODUCED INGREDIENTS BY A NATURAL DISASTER, ACT OF GOD OR
48 CONTINUING ADVERSE WEATHER CONDITION AS DETERMINED BY THE COMMISSIONER
49 OF AGRICULTURE AND MARKETS PURSUANT TO THIS SUBDIVISION. FOR PURPOSES OF
50 THIS SUBDIVISION, THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE
51 AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS AS THEY MAY DEEM
52 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION WHICH SHALL
53 INCLUDE ENSURING THAT IN MANUFACTURING BEER FARM BREWERIES UTILIZE
54 INGREDIENTS GROWN OR PRODUCED IN NEW YORK STATE TO THE EXTENT THEY ARE
55 REASONABLY AVAILABLE, PRIOR TO UTILIZING INGREDIENTS FROM AN
56 OUT-OF-STATE SOURCE FOR SUCH PURPOSE.
S. 6711 4
1 (C) THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAKE AVAILABLE
2 TO FARM BREWERIES AND TO THE PUBLIC EACH SPECIFIC INGREDIENT LOSS DETER-
3 MINATION ISSUED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION ON OR
4 BEFORE AUGUST TWENTIETH OF EACH YEAR.
5 (D) IN THE EVENT THAT THE CONTINUING EFFECTS OF A NATURAL DISASTER,
6 ACT OF GOD, OR ADVERSE WEATHER CONDITION WHICH OCCURRED PRIOR TO AUGUST
7 TWENTIETH OF EACH YEAR OR THE EFFECTS OF A NATURAL DISASTER, ACT OF GOD,
8 OR ADVERSE WEATHER CONDITION WHICH OCCURS SUBSEQUENT TO AUGUST TWENTIETH
9 EACH YEAR RESULTS IN ANY INGREDIENT LOSS WHICH MEETS THE STANDARDS
10 PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER OF AGRI-
11 CULTURE AND MARKETS, IN CONSULTATION WITH THE CHAIRMAN OF THE AUTHORITY,
12 MAY ISSUE ADDITIONAL INGREDIENT LOSS DETERMINATIONS AND SHALL EXPE-
13 DITIOUSLY MAKE AVAILABLE TO FARM BREWERIES AND TO THE PUBLIC EACH
14 SPECIFIC INGREDIENT LOSS DETERMINATION ISSUED PURSUANT TO THIS PARAGRAPH
15 PRIOR TO OCTOBER TENTH OF EACH YEAR.
16 S 4. Subdivision 1 of section 56 of the alcoholic beverage control
17 law, as amended by section 1 of part Z of chapter 85 of the laws of
18 2002, is amended to read as follows:
19 1. The annual fee for a [brewer's] license TO MANUFACTURE BEER shall
20 be:
21 (A) four thousand dollars FOR A BREWER'S LICENSE, unless the annual
22 production of the brewer is less than sixty thousand barrels per year,
23 in which case the annual fee shall be three hundred twenty dollars;
24 (B) THREE HUNDRED TWENTY DOLLARS FOR A FARM BREWERY LICENSE.
25 S 5. Subdivision 1 of section 56-a of the alcoholic beverage control
26 law, as amended by section 1 of part B of chapter 56 of the laws of
27 2004, is amended to read as follows:
28 1. In addition to the annual fees provided for in this chapter, there
29 shall be paid to the [division] AUTHORITY with each initial application
30 for a license filed pursuant to section fifty-one, FIFTY-ONE-A, fifty-
31 three, fifty-eight, sixty-one, sixty-two, seventy-six or seventy-eight
32 of this chapter, a filing fee of four hundred dollars; with each initial
33 application for a license filed pursuant to section sixty-three, sixty-
34 four, sixty-four-a or sixty-four-b of this chapter, a filing fee of two
35 hundred dollars; with each initial application for a license filed
36 pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,
37 seventy-nine, eighty-one or eighty-one-a of this chapter, a filing fee
38 of one hundred dollars; with each initial application for a permit filed
39 pursuant to section [seventy-seven,] ninety-one, ninety-one-a, ninety-
40 two, ninety-two-a, ninety-three, ninety-three-a, if such permit is to be
41 issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
42 ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one
43 of section ninety-nine-b of this chapter if such permit is to be issued
44 on a calendar year basis, or for an additional bar pursuant to subdivi-
45 sion four of section one hundred of this chapter, a filing fee of twenty
46 dollars; and with each application for a permit under section ninety-
47 three-a of this chapter, other than a permit to be issued on a calendar
48 year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety-
49 nine-b of this chapter, other than a permit to be issued pursuant to
50 paragraph b, c, e or j of subdivision one of section ninety-nine-b of
51 this chapter on a calendar year basis, a filing fee of ten dollars.
52 S 6. Subdivision 2 of section 56-a of the alcoholic beverage control
53 law, as amended by chapter 55 of the laws of 1992, is amended to read as
54 follows:
55 2. In addition to the annual fees provided for in this chapter, there
56 shall be paid to the authority with each renewal application for a
S. 6711 5
1 license filed pursuant to section fifty-one, FIFTY-ONE-A, fifty-three,
2 fifty-eight, sixty-one, sixty-two, seventy-six or seventy-eight of this
3 chapter, a filing fee of one hundred dollars; with each renewal applica-
4 tion for a license filed pursuant to section sixty-three, sixty-four,
5 sixty-four-a or sixty-four-b of this chapter, a filing fee of ninety
6 dollars; with each renewal application for a license filed pursuant to
7 section seventy-nine, eighty-one or eighty-one-a of this chapter, a
8 filing fee of twenty-five dollars; and with each renewal application for
9 a license or permit filed pursuant to section fifty-three-a, fifty-four,
10 fifty-five, fifty-five-a, [seventy-seven,] ninety-one, ninety-one-a,
11 ninety-two, ninety-two-a, ninety-three, ninety-three-a, if such permit
12 is issued on a calendar year basis, ninety-four, ninety-five, ninety-six
13 or ninety-six-a of this chapter or pursuant to subdivisions b, c, e or j
14 of section ninety-nine-b, if such permit is issued on a calendar year
15 basis, or with each renewal application for an additional bar pursuant
16 to subdivision four of section one hundred of this chapter, a filing fee
17 of thirty dollars.
18 S 7. Subdivision 6 of section 76-a of the alcoholic beverage control
19 law is amended by adding a new paragraph (g) to read as follows:
20 (G) SELL FOR CONSUMPTION OFF THE PREMISES NEW YORK STATE LABELLED BEER
21 MANUFACTURED BY A LICENSED BREWER OR FARM BREWERY.
22 S 8. Subdivision 6 of section 76-a of the alcoholic beverage control
23 law is amended by adding a new paragraph (h) to read as follows:
24 (H) CONDUCT TASTINGS OF NEW YORK STATE LABELLED BEER MANUFACTURED BY A
25 LICENSED BREWER OR FARM BREWERY.
26 S 9. Subdivision 42 of section 16 of the agriculture and markets law,
27 as amended by chapter 227 of the laws of 2006, is amended to read as
28 follows:
29 42. (A) For purposes of making timely determinations and consulting
30 with the chairman of the state liquor authority pursuant to subdivision
31 five of section seventy-six-a of the alcoholic beverage control law,
32 investigate and compile information relative to natural disasters, acts
33 of God, or continued adverse weather conditions which shall affect the
34 crop of grapes or other fruit products used in the production of wine.
35 (B) FOR PURPOSES OF MAKING TIMELY DETERMINATIONS AND CONSULTING WITH
36 THE CHAIRMAN OF THE STATE LIQUOR AUTHORITY PURSUANT TO SUBDIVISION EIGHT
37 OF SECTION FIFTY-ONE-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW, INVESTI-
38 GATE AND COMPILE INFORMATION RELATIVE TO NATURAL DISASTERS, ACTS OF GOD,
39 OR CONTINUED ADVERSE WEATHER CONDITIONS WHICH SHALL AFFECT THE NECESSARY
40 INGREDIENTS FOR BREWING BEER.
41 S 10. This act shall take effect on the one hundred eightieth day
42 after it shall have become a law.
