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.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to permits for licensed brewers
PURPOSE OF THE BILL: This bill amend § 51 of the Alcoholic Beverage Control Law by adding a new subdivision 9 to allow a licensed brewer to obtain a Beer Festival permit from the State Liquor Authority and allow participating brewers and their brewery personnel to dispense and serve their products to persons of legal age.
SUMMARY OF SPECIFIC PROVISIONS: This bill allows a licensed brewer to obtain a permit to hold a Beer Festival and to invite brewers to offer small samples of their malt beverage products. Samples per brand shall not exceed 3 ounces per serving. The permit holder shall receive for distribution all products that shall be properly invoiced and inventoried and return any unused product to the distributor for credit. Each participating brewer or the brewer's representative shall be allowed to dispense and serve their products. The brewers participating may sell sealed containers for off-premises consumption. Food products may be available for sale and proper security must be provided at each Beer Festival to determine lawful proof of age and to remove any patron that appears intoxicated or is out of order.
JUSTIFICATION: The state presently licenses seventy-three craft brewing facilities this bill provides small brewers an inexpensive opportunity to advertise, dispense and serve their products and to interact directly with target patrons who may not be able to sample craft beers as they are not readily available in most licensed food stores, bars or restaurants. The craft brewing industry is a growing industry in New York and has vitalized the economy and added to the workforce in many urban areas of our state. The New York State Law Revision Commission recommended in their final report that "the law should be amended to clarify that brewers participating in beer festivals can supervise the tasting of their beer and take back left over products and that licensed brewers or their employees should be allowed to dispense and serve the brewer's product at beer festivals."
PRIOR LEGISLATIVE HISTORY: 2010 - S.8183/A.11393
FISCAL IMPLICATIONS: This bill generates a modest new sum annually. The permit fee is $20 per function.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1652 2011-2012 Regular Sessions IN SENATE 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 AN ACT to amend the alcoholic beverage control law, in relation to permits for licensed brewers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 51 of the alcoholic beverage control law is amended by adding a new subdivision 9 to read as follows: 9. (A) A LICENSED BREWER MAY OBTAIN A PERMIT TO SERVE SMALL SAMPLES OF BEER OR MALT BEVERAGES IT PRODUCES AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS. (B) THE FEE FOR SUCH PERMIT SHALL BE TWENTY DOLLARS AND SHALL BE ISSUED BY THE AUTHORITY AND DATED FOR ITS PERIOD OF USE, WHICH SHALL NOT EXCEED THREE DAYS. (C) TASTINGS AT SUCH OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCA- SIONS OR EVENTS SHALL BE CONDUCTED ONLY WITHIN THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER, DURING WHICH ALCOHOLIC BEVERAGES MAY BE LAWFULLY SOLD OR SERVED UPON PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION IN THE COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR OR INDOOR GATHERING, FUNCTION, OCCASION OR EVENT IS HELD. (D) EACH SERVING AT TASTINGS SHALL BE SERVED ONLY BY THE BREWER OR ITS EMPLOYEE AND SHALL BE LIMITED TO THREE OUNCES OR LESS OF A BRAND OF BEER OR MALT BEVERAGE PRODUCED BY THE BREWER AND NO CONSUMER OF LEGAL AGE SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED FOR TASTING. (E) THE BREWER SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH SAMPLES ARE ONLY SERVED TO INDIVIDUALS LEGALLY ELIGIBLE TO CONSUME ALCOHOLIC BEVER- AGES IN THIS STATE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06313-01-1 S. 1652 2
(F) THE AUTHORITY MAY ISSUE PERMITS TO MORE THAN ONE LICENSED BREWER FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNCTION, OCCASION OR EVENT. (G) SUCH PERMIT SHALL INCLUDE THE PRIVILEGE TO SELL BEER OR MALT BEVERAGES PRODUCED BY THE BREWER AT SUCH OUTDOOR OR INDOOR GATHERING, FUNCTION, OCCASION OR EVENT, IN SEALED CONTAINERS FOR OFF-PREMISES CONSUMPTION. (H) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM THE SAMPLING OR SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED BY THIS SUBDIVISION, AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER. (I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS TO A BREWER TO OBTAIN SUCH PERMIT, AND PROMULGATE SUCH RULES AND REGU- LATIONS, AS IT DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THIS STATE. S 2. This act shall take effect immediately.