S3109-2011 - NY Senate Open Legislation - Permits persons with licenses to sell beer or wine products for consumption off premises to provide beer samples

Permits persons with retail and wholesale licenses to provide beer samples at licensed premises or establishments.

Sponsor: KENNEDY
Law Section: Alcoholic Beverage Control Law / Law: Amd SS54, 54-a & 53, ABC L

S3109-2011 Actions

Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
Jun 24, 2011: COMMITTED TO RULES
Jun 13, 2011: AMENDED ON THIRD READING 3109A
May 9, 2011: ADVANCED TO THIRD READING
May 4, 2011: 2ND REPORT CAL.
May 3, 2011: 1ST REPORT CAL.424
Feb 8, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S3109-2011 Meetings

Commerce, Economic Development and Small Business: May 3, 2011

S3109-2011 Calendars

Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011

S3109-2011 Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - May 3, 2011

Ayes (11): Alesi, Griffo, Johnson, McDonald, Robach, Ritchie, Kennedy, Espaillat, Hassell-Thompson, Parker, Stewart-Cousins
Ayes W/R (1): Fuschillo

S3109-2011 Memo

BILL NUMBER:S3109

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
licensees to provide beer samples

PURPOSE:
Enactment of this legislation would permit persons with licenses to
sell beer or wine products for consumption off premises to provide
beer samples.

SUMMARY OF PROVISIONS:
Section 1 amends section 54 of the alcoholic beverage control law by
adding a new subdivision 6 permitting a licensee or any employee of
such to serve samples of beer or malt beverages sold at the
establishment, mandating that such sample shall consist of no more
than four one ounce samples. The penalties for the violation(s) of
this provision are also spelled out: first offense is a fine of one
hundred dollars; a second offense is a fine of five hundred dollars
and a third offense would be the penal sum of the bond filed by the
licensee.

Section 2 amends section 54-a of the alcoholic beverage control law by
adding a new subdivision 4 permitting a licensee or any employee of
such to serve samples of beer or malt beverages sold at the
establishment, mandating that such sample shall consist of no more
than four one ounce samples. The penalties for the violation(s)
of this provision are also spelled out: first offense is a fine of one
hundred dollars; a second offense is a fine of five hundred dollars
and a third offense would be the penal sum of the bond filed by the
licensee.

EXISTING LAW:
Under existing law, licensees or the employees of such businesses are
not permitted to offer samples of the products sold.

JUSTIFICATION:

With the growing number of micro brewers and an increasing demand for
beer produced by small· boutique brewers, customers have indicated a
willingness to go beyond the beer products offered by the country's
largest brewers and try the products produced by their local brewer.
These new beers often are only available as a draught product and
sold in one gallon or similar size bottles, so while customers are
willing to try something new, they may often balk at buying one
gallon of a beer they have no idea as to its taste.

Similarly, customers would have the opportunity to taste a sample of
any beer offered in a store should the proprietor be willing to offer
such samples. Customers would be limited to four, one ounce servings
during any visit.

By permitting a licensee (or an employee) of store to offer a sample
of the product customers, the brewers and the seller will all benefit.


LEGISLATIVE HISTORY:
2009-2010: S.3246/A.7151, Referred to Economic Development

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, but be subject to the
implementation of rules and regulations by the State Liquor Authority.

S3109-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3109
 2011-2012 Regular Sessions
 I N  SENATE
 February 8, 2011
 
 Introduced  by  Sen. KENNEDY -- 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
 permitting licensees to provide beer samples
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 54 of the alcoholic beverage control law is amended
 by adding a new subdivision 6 to read as follows:

 6.  (A)  A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT THEIR LICENSED
 ESTABLISHMENT SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT  SUCH
 ESTABLISHMENT.
 (B)  EACH  SAMPLE  SHALL  BE SERVED ONLY BY THE LICENSEE OR HIS OR HER
 EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
 MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
 PROVIDED OR GIVEN MORE THAN FOUR SERVINGS OF SUCH  SAMPLES  IN  ANY  ONE
 DAY.
 (C)  A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDI
 VISION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN  ACCORD
 ANCE WITH THE FOLLOWING:

 (I)  FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS.
 (II) FOR A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF  A  FINE
 OF NOT MORE THAN FIVE HUNDRED DOLLARS.
 (III)  FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY RECOVER,
 AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
 OF THE BOND FILED BY THE LICENSEE.
 

S 2.

Section 54-a of the alcoholic beverage control law is amended  by
 adding a new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07887-01-1
        S. 3109                             2
 4.  (A)  A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT THEIR LICENSED
 ESTABLISHMENT SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT  SUCH
 ESTABLISHMENT.
 (B)  EACH  SAMPLE  SHALL  BE SERVED ONLY BY THE LICENSEE OR HIS OR HER
 EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
 MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
 PROVIDED OR GIVEN MORE THAN FOUR SERVINGS OF SUCH  SAMPLES  IN  ANY  ONE
 DAY.
 (C)  A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDI
 VISION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN  ACCORD
 ANCE WITH THE FOLLOWING:

 (I)  FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS.
 (II) FOR A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF  A  FINE
 OF NOT MORE THAN FIVE HUNDRED DOLLARS.
 (III)  FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY RECOVER,
 AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
 OF THE BOND FILED BY A LICENSEE.
 

S 3. This act shall take effect  immediately.  Effective  immediately,
 the  state  liquor  authority is authorized to promulgate such rules and
 regulations as it  deems  necessary  or  appropriate  to  implement  the
 provisions  of this act to protect the health, safety and welfare of the
 people of this state.

S3109-2011: Permits persons with licenses to sell beer or wine products for consumption off premises to provide beer samples