Bill S355-2013

Authorizes certain distiller and winery licensees, singly or jointly, to apply for a special license to sell liquor at retail for consumption off the premises

Authorizes certain distiller and winery licensees, singly or jointly, to apply for a special license to sell liquor at retail for consumption off the premises.

Details

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  • Jan 8, 2014: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Memo

BILL NUMBER:S355

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to authorizing certain distiller and winery licensees, singly or jointly, to apply for a special license to sell liquor at retail for consumption off the premises

PURPOSE: This legislation will authorize licensed distillers to sell New York State labeled liquor and New York State labeled wine at retail at up to five disclosed locations.

SUMMARY OF PROVISIONS: Section 61 of the Alcoholic Beverage Control law is amended by adding subdivision seven which authorizes the State Liquor Authority to permit licensed distilleries to sell New York State labeled liquor and New York State labeled wine at retail for consumption off the premises. Not more than 5 such licenses shall be issued per any single entity. The permit allows the licensee to conduct tastings at each location. A licensee is also permitted to sell NYS labeled wine and liquor at locations where the principal business is the operation of a theater or other lawful adult entertainment or recreational facility. The license fee shall be dependent on the size of the city in which the operation is located.

JUSTIFICATION: With the advent of craft distilleries throughout the state producing small batch whiskeys, vodkas, and other spirits, the time is right to extend to these entities the same opportunities and privileges that are offered to wineries in this state- the ability to sell their own products. As the demand for New York State-grown products increases, this revision would provide licensed distillers with additional opportunities to market their products. By allowing distilleries to expand the number of locations where their product is available, these businesses will become destination points to promote tourism within communities and increase promotion of New York State-grown products.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 355 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. GALLIVAN -- 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 authorizing certain distiller and winery licensees, singly or jointly, to apply for a special license to sell liquor at retail for consump- tion off the premises THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 61 of the alcoholic beverage control law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, ANY ONE OR ANY COMBINATION OF DISTILLER LICENSEES OR WINERY LICENSEES, SINGLY OR JOINTLY, MAY APPLY TO THE LIQUOR AUTHORITY FOR A LICENSE OR LICENSES TO SELL LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREMISES. FOR LICENSEES APPLYING SINGLY, THE DURATION OF SUCH LICENSE SHALL BE CO-EX- TENSIVE WITH THE DURATION OF SUCH LICENSEE'S WINERY LICENSE, AND THE FEE THEREFOR SHALL BE ONE THOUSAND DOLLARS IF SUCH RETAIL PREMISES IS LOCATED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, FIVE HUNDRED DOLLARS IF SUCH RETAIL PREMISES IS LOCATED WITHIN A CITY HAVING A POPULATION OF LESS THAN ONE MILLION AND MORE THAN ONE HUNDRED THOU- SAND, AND TWO HUNDRED FIFTY DOLLARS FOR RETAIL PREMISES LOCATED ELSE- WHERE WITHIN THE STATE. SUCH LICENSE SHALL ENTITLE THE HOLDER THEREOF TO SELL AT RETAIL FOR CONSUMPTION OFF THE PREMISES ANY NEW YORK STATE LABELLED LIQUOR AND NEW YORK STATE LABELLED WINE. SUCH LICENSE SHALL ALSO ENTITLE THE HOLDER THEREOF TO CONDUCT WINE AND LIQUOR TASTINGS. SUCH LICENSE SHALL ALSO AUTHORIZE THE SALE BY THE HOLDER THEREOF OF NEW YORK STATE LABELLED LIQUOR AND NEW YORK STATE LABELLED WINE IN SEALED CONTAINERS FOR OFF-PREMISES CONSUMPTION, FROM THE SPECIALLY LICENSED PREMISES OF ANY PERSON LICENSED PURSUANT TO SECTION EIGHTY-ONE-A OF THIS
CHAPTER TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON PREMISES IN WHICH THE PRINCIPAL BUSINESS IS THE OPERATION OF A LEGITIMATE THEATER OR SUCH OTHER LAWFUL ADULT ENTERTAINMENT OR RECREATIONAL FACILITY AS THE LIQUOR AUTHORITY MAY CLASSIFY FOR ELIGIBILITY PURSUANT TO SUBDIVISION SIX OF SECTION SIXTY-FOUR-A OF THIS ARTICLE. NOT MORE THAN FIVE SUCH LICENSES SHALL BE ISSUED, EITHER SINGLY OR JOINTLY, TO ANY LICENSED WINERY OR DISTILLERY. ALL OTHER PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREM- ISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS IT MAY DEEM NECES- SARY TO CARRY OUT THE PURPOSE OF THIS SUBDIVISION, PROVIDED THAT ALL LICENSES ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE SAME RULES AND REGULATIONS AS ARE APPLICABLE TO THE SALE OF WINE OR LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREMISES OF THE WINERY OR DISTILLERY LICENSEE. S 2. This act shall take effect immediately.

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