This bill has been amended

Bill S3109-2011

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.

Details

Actions

  • 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

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3109 2011-2012 Regular Sessions IN 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:
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.

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