Relates to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer; deems such license be considered a retail license.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Fuschillo
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer
PURPOSE: To allow an individual to own both a brewpub and a restaurant.
SUMMARY OF PROVISIONS: Section 1 states that a license issued under this section shall be considered a retail license.
Section 2 is the effective date.
JUSTIFICATION: Since the end of Prohibition, New York State law has generally restricted owners of an alcohol manufacturer license and an alcohol retail license from having an interest in each other (known as the "tied house" restrictions).
These restrictions have carried over into the service business, with the result that a person is not able to own both a brew-pub (a manufacturer) and a licensed restaurant (a retail facility).
Given the many similarities in the operation of a restaurant facility and a brew-pub facility, there should be some flexibility to allow a successful owner of a restaurant to be able to acquire or establish a brew-pub, and vice versa.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7110 IN SENATE April 30, 2012 ___________Introduced by Sen. GRISANTI -- 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 a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 64-c of the alcoholic beverage control law, as added by chapter 538 of the laws of 1997, is amended to read as follows: 10. A LICENSE ISSUED UNDER THIS SECTION SHALL, FOR PURPOSES OF THIS CHAPTER, BE CONSIDERED A RETAIL LICENSE. Except as provided in subdivi- sions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this section, no person licensed under this section may be interested direct- ly or indirectly in any other premises in this state where alcoholic beverages are manufactured or sold AT WHOLESALE, BY STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR LIEN ON ANY PERSONAL OR REAL PROPER- TY OR BY ANY OTHER MEANS. Any person who has an interest in premises eligible for conversion under subdivision nine of this section shall not be issued any license under this section unless and until a conversion application has been filed with and approved by the authority. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15558-01-2