Bill S3109A-2011

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

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

Details

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

Memo

BILL NUMBER:S3109A

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

PURPOSE OR GENERAL IDEA OF BILL: 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 SPECIFIC 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 licensee provided the licensee does not sell gasoline, 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.

Section 3 amends section 53 of the alcoholic beverage control law by chapter 361 if the laws of 1994 to allow any person to apply to the liquor authority for a license to sell beer at wholesale.

A licensee or employee of licensee may serve at the licensed premises provided the licensee does not sell gasoline and that the sample of beer or malt beverages sold at wholesale shall not be served at the licensed premises after 10p.m. on any day.

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.

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 he 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.

PRIOR 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--A Cal. No. 424 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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, PROVIDED THE LICENSEE DOES NOT SELL GASOLINE, SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT SUCH ESTABLISHMENT; PROVIDED, HOWEVER, THAT SUCH SAMPLES SHALL NOT BE SERVED AT THE LICENSED ESTAB- LISHMENT AFTER TEN O'CLOCK IN THE EVENING ON ANY DAY. (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, PROVIDED THE LICENSEE DOES NOT SELL GASOLINE, SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT SUCH ESTABLISHMENT; PROVIDED, HOWEVER, THAT SUCH SAMPLES SHALL NOT BE SERVED AT THE LICENSED ESTAB- LISHMENT AFTER TEN O'CLOCK IN THE EVENING ON ANY DAY. (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. Section 53 of the alcoholic beverage control law, as amended by chapter 361 of the laws of 1994, is amended to read as follows: S 53. Wholesaler's license. 1. Any person may apply to the liquor authority for a license to sell beer at wholesale. Such application shall be in writing and verified and shall contain such information as the liquor authority shall require. Such application shall be accompa- nied by a check or draft for the amount required by this article for such license. If the liquor authority shall grant the application it shall issue a license in such form as shall be determined by its rules. Such a license shall contain a description of the licensed premises and in form and in substance shall be a license to the person therein specifically designated to sell beer at wholesale in the premises there- in specifically licensed to duly licensed wholesalers, retailers and permittees in this state, and to sell or deliver beer to persons outside the state pursuant to the laws of the place of such sale or delivery. A wholesaler's license issued or renewed prior to July first, nineteen hundred sixty, and thereafter renewed or transferred, shall authorize the holder thereof to sell beer at retail to a person for consumption in his OR HER home; provided, however, that regardless of the date issued, renewed or transferred, a wholesaler's license issued to a brewer or to the wholly-owned subsidiary of a brewer, shall authorize the holder thereof to sell beer at retail to a person for consumption in his OR HER home. 2. (A) A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT THEIR LICENSED PREMISES, PROVIDED THE LICENSEE DOES NOT SELL GASOLINE, SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT WHOLESALE AT SUCH PREMISES; PROVIDED, HOWEVER, THAT SUCH SAMPLES SHALL NOT BE SERVED AT THE LICENSED PREMISES AFTER TEN O'CLOCK IN THE EVENING ON ANY DAY. (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 4. 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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