Provides for the sale of cider by a wholesale wine licensee.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to providing for the sale of cider by a wholesale wine licensee
PURPOSE: The purpose of this bill is to allow wine and spirits wholesalers to sell cider from their licensed premise.
SUMMARY OF PROVISIONS: Section 62 and Subdivision 2 of Section 78 of the alcohol beverage control law are amended by adding: A wholesale liquor licensee, as defined under this chapter shall, upon the payment of an additional annual license fee of one hundred twenty five dollars, be permitted to sell cider as defined under this chapter at wholesale from duly licensed premises, to duly licensed beer, wine and liquor retailers and to other holders of licenses under this chapter, in bottles, barrels or casks, and to sell and deliver cider to persons outside the state pursuant to the laws of the place of such delivery.
JUSTIFICATION: In recent years, the production of hard cider has been rapidly expanding, across the United States and is widely regarded as the newest and one of the fastest beverage growth categories. New York State is the second-largest producer of apples in the country and has a long history in apple farming and cider production. There is a great opportunity for New York State to take advantage of the cider boom in order to spur economic growth and job creation, however current provisions under the alcoholic beverage law are inhibiting.
Although the holder of a wine wholesale license or a liquor wholesale license is permitted to hold a cider wholesale license, section 104 of the alcoholic beverage law provides, "No wholesaler shall be engaged in any other business on the premises to be licensed.." therefore prohibiting the sale of cider at wine and liquor wholesaler facilities. While the sale of cider by persons licensed to sell wine and spirits would greatly aid the economic growth of the cider industry in New York, it is not economically feasible unless the wine and liquor wholesalers can do this from the same facility it currently uses to sell wine and spirits.
If the proposed bill is enacted into law, wine and liquor wholesalers will sell cider to package stores and on premise licenses. This will greatly increase the number of outlets that carry cider, resulting in a significant increase in the demand for New York State apples. As interest in cider grows, so will the interest in the people who produce it and there will be a significant boost to tourism in agricultural areas throughout New York State. In turn, this will lead to an increase in employment.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5488 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the alcoholic beverage control law, in relation to providing for the sale of cider by a wholesale wine licensee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 62 of the alcoholic beverage control law, as amended by chapter 361 of the laws of 1994, is amended to read as follows: S 62. Wholesaler's liquor license. Any person may apply to the liquor authority for a license to sell liquor 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 license shall contain a description of the licensed premises and in form and in substance shall be a license to the person therein specif- ically designated to sell liquors at wholesale in the premises therein specifically licensed to duly licensed wholesalers, retailers and permittees in this state, and to sell liquor in bulk to a licensed rectifier or to a permittee engaged in the manufacture of products which are unfit for beverage use, for use in the manufacture of products produced and sold by such rectifier or permittee, and to sell or deliver liquor to persons outside the state pursuant to the laws of the place of such sale or delivery. Such a license shall also include the privilege to sell wine at wholesale under the same terms and conditions without the payment of any additional fee. A WHOLESALE LIQUOR LICENSEE, AS DEFINED UNDER THIS CHAPTER SHALL, UPON THE PAYMENT OF AN ADDITIONAL ANNUAL LICENSE FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS, BE PERMITTED TOEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11137-01-3 S. 5488 2
SELL CIDER AS DEFINED UNDER THIS CHAPTER AT WHOLESALE FROM DULY LICENSED PREMISES, TO DULY LICENSED BEER, WINE AND LIQUOR RETAILERS AND TO OTHER HOLDERS OF LICENSES UNDER THIS CHAPTER, IN BOTTLES, BARRELS OR CASKS, AND TO SELL AND DELIVER CIDER TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH DELIVERY. S 2. Subdivision 2 of section 78 of the alcoholic beverage control law, as amended by chapter 204 of the laws of 1963, is amended to read as follows: 2. Upon payment to the liquor authority of an additional annual fee of one hundred twenty-five dollars, the liquor authority may in its discretion and upon such terms and conditions as it may prescribe, issue to a wholesale wine licensee upon application therefor a certificate authorizing such wholesaler to sell wine at retail in sealed containers to a regularly organized church, synagogue or religious organization for sacramental purposes. A WHOLESALE WINE LICENSEE, AS DEFINED UNDER THIS CHAPTER SHALL, UPON THE PAYMENT OF AN ADDITIONAL ANNUAL LICENSE FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS, BE PERMITTED TO SELL CIDER AS DEFINED UNDER THIS CHAPTER AT WHOLESALE FROM DULY LICENSED PREMISES, TO DULY LICENSED BEER, WINE AND LIQUOR RETAILERS AND TO OTHER HOLDERS OF LICENSES UNDER THIS CHAPTER, IN BOTTLES, BARRELS OR CASKS, AND TO SELL AND DELIVER CIDER TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH DELIVERY. S 3. This act shall take effect immediately.