Allows a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival except for an event conducted within a city with a population of one million or more.
Ayes (11): Stachowski, Hassell-Thompson, Parker, Stewart-Cousins, Aubertine, Espada, Foley, Alesi, Robach, Griffo, Volker
Ayes W/R (1): Fuschillo
Ayes (32): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Sampson, Stewart-Cousins, Thompson, Adams, Breslin, Espada, Klein, Perkins, Valesky, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino
Nays (1): Diaz
Ayes (59): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousin, Thompson, Valesky, Volker, Winner, Young
Excused (2): Morahan, Skelos
BILL NUMBER: S5440B
TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to allowing a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival
PURPOSE OR GENERAL IDEA OF THE BILL : To promote New York State wines by allowing wineries and farm wineries to sell wine for consumption a.t food festivals.
SUMMARY OF PROVISIONS : Adds a new paragraph (b) to subdivision 1 of section 97 of the alcoholic beverage control law providing that the state Liquor Authority is authorized to issue permits to a winery or farm winery to sell wine at a food festival for consumption anywhere on the premises provided that the winery is registered at the event and the municipality has granted written permission, and that there will be no fee for such permit.
JUSTIFICATION : There are many notable food festivals around New York State highlighting the "wares and whats" of the great restaurants, farms and wineries of the area and providing a great tourism venue for villages, towns and cities throughout the state. As part of that, this bill would allow the State Liquor Authority to grant permits to wineries to sell wine at these events for consumption on the premises in glasses of eight ounces or less provided that the winery is registered for participation at the event and they have the written permission of the municipality in which the event is occurring.
LEGISLATIVE HISTORY : This is a new bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5440--B 2009-2010 Regular Sessions IN SENATE May 5, 2009 ___________Introduced by Sen. VALESKY -- 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 and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 allowing a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 97 of the alcoholic beverage control law, as amended by section 19 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. (A) The liquor authority is hereby authorized to issue temporary permits effective for a period not to exceed twenty-four consecutive hours to authorize the sale of beer and wine manufactured in New York state at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the community in which is located the premises in which such gathering, function, occa- sion or event is held. The fee for such permit shall be twenty-six dollars. Such permit and the exercise of the privilege granted thereby shall be subject to such rules of the liquor authority as it deems necessary. (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE TEMPORARY PERMITS TO A LICENSED WINERY OR FARM WINERY TO SELL WINE FOR CONSUMPTION UPON THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11717-06-9 S. 5440--B 2
PREMISES OF A FOOD FESTIVAL AT WHICH FOOD IS WIDELY AVAILABLE, PROVIDED THAT SUCH WINERY APPLIES FOR, IS GRANTED AND MAINTAINS REGISTRATION AS A PARTICIPANT IN SUCH FESTIVAL OR EVENT AND SUCH WINE IS SOLD AND DISPENSED IN AMOUNTS OF EIGHT OUNCES OR LESS BY VOLUME AND FURTHER PROVIDED THAT CONSUMPTION OF SUCH WINE SHALL BE ALLOWED TO OCCUR ANYWHERE UPON THE PREMISES OF SUCH FESTIVAL OR EVENT UPON THE WRITTEN PERMISSION OF THE CITY, TOWN OR VILLAGE IN WHICH SUCH FESTIVAL EVENT IS HELD. NO FEE SHALL BE CHARGED FOR PERMITS ISSUED PURSUANT TO THIS PARA- GRAPH. S 2. This act shall take effect immediately.