Bill S4241A-2011

Authorizes roadside farm markets to sell wine from up to two farm, special or micro-wineries located within 20 miles

Authorizes licensed roadside farm markets to sell wine from up to two farm or special wineries or micro-wineries located within 20 miles of such licensed roadside farm market.

Details

Actions

  • Feb 13, 2012: referred to corporations, authorities and commissions
  • Feb 13, 2012: DELIVERED TO ASSEMBLY
  • Feb 13, 2012: PASSED SENATE
  • Feb 7, 2012: ADVANCED TO THIRD READING
  • Feb 6, 2012: 2ND REPORT CAL.
  • Jan 31, 2012: 1ST REPORT CAL.149
  • Jan 9, 2012: PRINT NUMBER 4241A
  • Jan 9, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 15, 2011: referred to economic development
  • Jun 15, 2011: DELIVERED TO ASSEMBLY
  • Jun 15, 2011: PASSED SENATE
  • Jun 15, 2011: ORDERED TO THIRD READING CAL.1278
  • Jun 15, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 24, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jan 31, 2012
Ayes (7): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron, Peralta
Nays (1): Diaz

Memo

BILL NUMBER:S4241A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to authorizing the sale of wine produced by farm or special wineries or micro-wineries at licensed roadside farm markets

PURPOSE: The purpose of this bill is to expand agricultural direct marketing assistance and to authorize farm wineries to sell wine by the bottle for off-premises consumption to farm roadside stands that are located within 20 miles of the licensed farm winery, special winery or micro-winery.

SUMMARY OF PROVISIONS: Section 1: Amends Alcoholic Beverage Control Law section 3 to add a definition for "roadside farm market".

Section 2: Amends Alcoholic Beverage Control Law section 17 to grant the State Liquor Authority the statutory power to regulate roadside farm markets that sell New York produced wines.

Section 3: Amends Alcoholic Beverage Control Law section 75 to create a new license for roadside farm markets that sell New York labeled wine.

Section 4: Amends Alcoholic Beverage Control Law section 76-a to authorize farm wineries to sell wines to authorized roadside farm markets.

Section 5: Amends Alcoholic Beverage Control Law section 76-c to authorize special winery licensees to sell wine to authorized roadside farm markets.

Section 6: Adds a new Alcoholic Beverage Control Law section 76-f to authorize owners of buildings that contain a roadside farm stand to obtain a license to sell New York labeled wine from no more than 2 New York wineries for off-premises consumption. Such roadside farm markets must be located within 20 miles of the winery. The bill limits the hours in which New York state labeled wines can be sold. It also gives the SLA the regulatory authority to precisely define what constitutes a farm stand and mandates that no wine tastings may be conducted at such farm stand.

Section 7: Amends Alcoholic Beverage Control Law section 83 to provide that the annual fee to obtain a roadside farm retailers license shall be $100.00.

Section 8: Amends Alcoholic Beverage Control Law section 99-d with regard to obtaining approvals from the SLA for substantial alterations to roadside farm markets.

JUSTIFICATION:

New York farm winery licensees produce a product that is derived from New York grown or produced agricultural products. It only stands to reason that, with proper regulatory supervision provided by the SLA, that these agricultural products should be able to be easily provided to and sold by a limited number designated roadside farm markets. The bill limits the number of wineries that a farm stand can sell their products to two wineries and requires that those farm stands must be designated and recorded in the offices of the SLA. Several farm wineries have suggested that they would offer their products only during certain seasons of the year such as the Fall harvest season or during the Holiday season when Christmas trees are sold by farm stands. This bill will give farmers that own such farm stands another product to sell and thereby help grower incomes in addition to helping to sell New York produced wines. While this bill authorizes the sale of wine by the bottle, it does not authorize such farm stands to conduct wine tastings.

LEGISLATIVE HISTORY: A similar bill, S.5865A of 2004, Passed the Senate S.1397A of 2005/2006 S.704 of 2009/2010

FISCAL IMPLICATIONS: This bill will help to increase the sale of New York produced wines and thereby increase excise tax collections and increase employment by New York wineries.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4241--A 2011-2012 Regular Sessions IN SENATE March 24, 2011 ___________
Introduced by Sens. LARKIN, CARLUCCI, BONACIC, JOHNSON, MAZIARZ, O'MARA, RITCHIE, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Oper- ations -- recommitted to the Committee on Investigations and Govern- ment Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to authorizing the sale of wine produced by farm or special wineries or micro-wineries at licensed roadside farm markets THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of the alcoholic beverage control law is amended by adding a new subdivision 27-a to read as follows: 27-A. "ROADSIDE FARM MARKET" MEANS ANY RETAILER AUTHORIZED TO SELL NEW YORK STATE LABELLED WINE PURSUANT TO SECTION SEVENTY-SIX-F OF THIS CHAP- TER. S 2. Subdivision 3 of section 17 of the alcoholic beverage control law, as separately amended by section 1 of part L of chapter 62 and chapter 522 of the laws of 2003, is amended to read as follows: 3. To revoke, cancel or suspend for cause any license or permit issued under this chapter and/or to impose a civil penalty for cause against any holder of a license or permit issued pursuant to this chapter. Any civil penalty so imposed shall not exceed the sum of ten thousand dollars as against the holder of any retail permit issued pursuant to sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and paragraph f of subdivision one of section ninety-nine-b of this chapter, and as against the holder of any retail license issued pursuant to sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, SEVENTY-SIX-F, seventy-nine, eighty-one, and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the holder of a license issued pursuant to sections fifty-three, seventy- six, seventy-six-a[, seventy-six-f,] and seventy-eight of this chapter, provided that the civil penalty against the holder of a wholesale license issued pursuant to section fifty-three of this chapter shall not exceed the sum of ten thousand dollars where that licensee violates provisions of this chapter during the course of the sale of beer at retail to a person for consumption at home, and the sum of one hundred thousand dollars as against the holder of any license issued pursuant to sections fifty-one, sixty-one and sixty-two of this chapter. Any civil penalty so imposed shall be in addition to and separate and apart from the terms and provisions of the bond required pursuant to section one hundred twelve of this chapter. Provided that no appeal is pending on the imposition of such civil penalty, in the event such civil penalty imposed by the division remains unpaid, in whole or in part, more than forty-five days after written demand for payment has been sent by first class mail to the address of the licensed premises, a notice of impend- ing default judgment shall be sent by first class mail to the licensed premises and by first class mail to the last known home address of the person who signed the most recent license application. The notice of impending default judgment shall advise the licensee: (a) that a civil penalty was imposed on the licensee; (b) the date the penalty was imposed; (c) the amount of the civil penalty; (d) the amount of the civil penalty that remains unpaid as of the date of the notice; (e) the violations for which the civil penalty was imposed; and (f) that a judg- ment by default will be entered in the supreme court of the county in which the licensed premises are located, or other court of civil juris- diction, or any other place provided for the entry of civil judgments within the state of New York unless the division receives full payment of all civil penalties due within twenty days of the date of the notice of impending default judgment. If full payment shall not have been received by the division within thirty days of mailing of the notice of impending default judgment, the division shall proceed to enter with such court a statement of the default judgment containing the amount of the penalty or penalties remaining due and unpaid, along with proof of mailing of the notice of impending default judgment. The filing of such judgment shall have the full force and effect of a default judgment duly docketed with such court pursuant to the civil practice law and rules and shall in all respects be governed by that chapter and may be enforced in the same manner and with the same effect as that provided by law in respect to execution issued against property upon judgments of a court of record. A judgment entered pursuant to this subdivision shall remain in full force and effect for eight years notwithstanding any other provision of law. S 3. Subdivision 4 of section 75 of the alcoholic beverage control law, as amended by chapter 275 of the laws of 1976, is amended and a new subdivision 5 is added to read as follows: 4. License to sell wine at retail for consumption on the premises[.]; 5. ROADSIDE FARM MARKET LICENSE. S 4. Section 76-a of the alcoholic beverage control law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A FARM WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFACTURED OR PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO SECTION SEVENTY-SIX-F OF THIS ARTICLE.
S 5. Section 76-c of the alcoholic beverage control law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A SPECIAL WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFAC- TURED OR PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO SECTION SEVENTY-SIX-F OF THIS ARTICLE. S 6. The alcoholic beverage control law is amended by adding a new section 76-f to read as follows: S 76-F. ROADSIDE FARM MARKET LICENSE. 1. ANY PERSON OWNING OR OPERAT- ING A ROADSIDE FARM MARKET MAY APPLY TO THE LIQUOR AUTHORITY FOR A ROAD- SIDE FARM MARKET LICENSE TO SELL WINE PURSUANT TO THIS SECTION. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED, AND SHALL CONTAIN SUCH INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE AND 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, AND THE LICENSE SHALL REMAIN IN EFFECT FOR ONE YEAR. 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ROADSIDE FARM MARKET" MEANS A BUILDING OR STRUCTURE LOCATED ON A FARM OPERATION, AS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, EXCEPT FOR A COMMERCIAL HORSE BOARDING OPERATION, IN WHICH NEW YORK AGRICULTURAL PRODUCTS ARE PRIMARILY SOLD BY PRODUCERS, GROWERS OR FARMERS OF SUCH AGRICULTURAL PRODUCTS TO THE GENERAL PUBLIC, AND THE TERM "NEW YORK AGRICULTURAL PRODUCT" MEANS ANY AGRICULTURAL OR AQUACUL- TURAL PRODUCT OF THE SOIL OR WATER THAT HAS BEEN GROWN, HARVESTED OR PRODUCED WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS, VEGETA- BLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS, PRESERVES, MAPLE SAP PRODUCTS, APPLE CIDER, FRUIT JUICE, AND CHRISTMAS TREES. 3. A ROADSIDE FARM MARKET LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINE MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARM OR SPECIAL WINERIES OR MICRO-WINERIES THAT ARE LOCATED WITHIN TWENTY MILES OF THE ROADSIDE FARM MARKET BY THE BOTTLE FOR OFF-PREMISES CONSUMPTION; PROVIDED THAT SUCH MARKET'S OWNER, OPERATOR OR REPRESENTATIVE SHALL BE PRESENT AT ALL TIMES DURING WHICH WINE IS BEING OFFERED FOR SALE. SUCH MARKET SHALL BE DEEMED TO POSSESS A WAREHOUSE PERMIT AND BE PERMITTED TO WAREHOUSE UP TO TWENTY CASES OF WINE; PROVIDED THAT SUCH MARKET SHALL ABIDE BY ALL RULES AND REGULATIONS PROMULGATED PURSUANT TO SECTION NINE- TY-SIX OF THIS CHAPTER AND ANY OTHER RULES AND REGULATIONS PROMULGATED BY THE LIQUOR AUTHORITY TO IMPLEMENT THE PROVISIONS OF THIS SECTION TO ENSURE THAT WINE STORED OR KEPT BY SUCH MARKET IS SEGREGATED AND KEPT IN A SAFE AND SECURE LOCATION WHEN SUCH MARKET IS CLOSED FOR BUSINESS. 4. THE SALE OF WINE PURSUANT TO THIS SECTION SHALL OCCUR ONLY WITHIN THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHTY OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW, NO WINE TASTINGS SHALL BE CONDUCTED AT A ROADSIDE FARM MARKET THAT SELLS WINE FOR OFF-PREMISES CONSUMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION. 5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI- CULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND REGULATIONS NECES- SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 7. Section 83 of the alcoholic beverage control law is amended by adding a new subdivision 8 to read as follows: 8. THE ANNUAL FEE FOR A ROADSIDE FARM MARKET LICENSE SHALL BE ONE HUNDRED DOLLARS.
S 8. Subdivision 1 of section 99-d of the alcoholic beverage control law, as amended by chapter 213 of the laws of 2010, is amended to read as follows: 1. Before any substantial alteration to a licensed premises may be undertaken by or on the behalf of any licensee except a micro-winery [or], a farm winery OR A ROADSIDE FARM MARKET, the licensee shall make an application to the liquor authority for permission to effect such alteration. A substantial alteration shall include any enlargement or contraction of a licensed premises whether indoors or outdoors; any physical change that reduces the visibility that existed at the time of licensing; any other physical changes in the interior of a licensed premises that materially affect the character of the premises; and, in the case of establishments licensed for consumption on the premises, any material changes to the dining or kitchen facilities, or any change in the size or location of any bar within the contemplation of subdivision four of section one hundred of this chapter at which alcoholic beverages are dispensed. A minor alteration shall be deemed to be one costing and valued at less than ten thousand dollars, which does not materially affect the character of the premises or the physical structure that existed at the time of licensing. Before commencing work on the alter- ation, any licensee other than a micro-winery [or], a farm winery OR A ROADSIDE FARM MARKET licensee, shall request permission to effect such minor alteration and shall submit an affidavit to the liquor authority by filing the same in person or by certified mail return receipt requested or overnight delivery service with proof of mailing on forms prescribed by the authority. A winery, micro-winery, [or] farm winery OR ROADSIDE FARM MARKET licensee is not required to obtain permission from the authority to make a minor alteration to its premises. The affidavit shall include but not be limited to a description of the proposed alter- ation, the cost and value of the alteration, and the source of money making the alteration possible. Upon receipt of such affidavit, the authority shall have twenty days in which to review the proposed alter- ation and notify the licensee of any objection to the same by certified mail return receipt requested. If no such objection is made within such period permission shall be deemed to have been granted. Work may commence on such alteration if no objection is received by the twenty- fifth day after filing such affidavit. The cost of an alteration, for purposes of this subdivision, shall be equal to the total sum expended to complete the proposed alteration excluding professional fees. S 9. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that any and all rules and regu- lations and any other measures necessary to implement any provision of this act on its effective date may be promulgated and taken, respective- ly, on or before the effective date of such provision.

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