Bill S6426-2011

Relates to the sale and production of liquor by farm distilleries

Relates to the sale and production of liquor by farm distilleries.

Details

Actions

  • Oct 3, 2012: SIGNED CHAP.484
  • Sep 21, 2012: DELIVERED TO GOVERNOR
  • Jun 18, 2012: returned to senate
  • Jun 18, 2012: passed assembly
  • Jun 18, 2012: ordered to third reading rules cal.314
  • Jun 18, 2012: substituted for a9863
  • May 31, 2012: referred to economic development
  • May 31, 2012: DELIVERED TO ASSEMBLY
  • May 31, 2012: PASSED SENATE
  • May 21, 2012: ADVANCED TO THIRD READING
  • May 16, 2012: 2ND REPORT CAL.
  • May 15, 2012: 1ST REPORT CAL.770
  • Feb 8, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - May 15, 2012
Ayes (12): Alesi, Fuschillo, Griffo, Johnson, McDonald, Robach, Ritchie, Kennedy, Espaillat, Hassell-Thompson, Parker, Stewart-Cousins

Memo

BILL NUMBER:S6426               REVISED 05/31/12

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the sale and production of liquor by farm distilleries

PURPOSE OR GENERAL IDEA OF BILL: To allow farm distilleries in New York State to provide samples of, and sell, their products at the state fair, county fairs and farmers markets.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends paragraph b of subdivision 2-c of section 61 of the alcoholic beverage control law to provide that licensed farm distilleries may apply to the State Liquor Authority for a permit to sell their products at the state fair, recognized county fairs and at farmers' markets operated on a not-for-profit basis.

Sections 2 & 3: Amend section 61 of the alcoholic beverage control law to provide that licensed farm distilleries may conduct consumer tastings of liquor at the state fair, recognized county fairs and at farmer's markets operated on a not-for-profit basis pursuant to rules or regulations promulgated by the liquor authority.

Section 4: Effective Date.

JUSTIFICATION: Currently small brewers and farm vintners are allowed under state law to sample and sell their wares at agricultural as well as non-agricultural fairs and markets. However, farm distillers, although they are required to primarily use New York State agricultural products in their distillery, are strictly limited to only being able to sample or sell their products at the distillery itself. This legislation would allow farm distillers access to agricultural based fairs and markets to sample and sell their products.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 6426 IN SENATE February 8, 2012 ___________
Introduced by Sen. BONACIC -- 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 the sale and production of liquor by farm distilleries THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b of subdivision 2-c of section 61 of the alco- holic beverage control law, as amended by chapter 454 of the laws of 2008, is amended to read as follows: (b)(i) Retail sales by a licensed farm distillery may be made only to customers who are physically present upon the licensed premises and such sale shall be concluded by the customer's taking, with him or her, of the sealed containers purchased by the customer at the time the customer leaves the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH; (ii) Such retail sales shall not be made where the order is placed by letter, telephone, fax or e-mail, or where the customer otherwise does not place the order while the customer is physically present upon the premises of the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH; (iii) Such retail sales shall not be made where the contemplated sale requires the licensee to transport or ship by common carrier, sealed containers of liquor to a customer[.]; (IV) A LICENSED FARM DISTILLERY MAY APPLY TO THE LIQUOR AUTHORITY FOR A PERMIT TO SELL LIQUOR IN A SEALED CONTAINER FOR OFF-PREMISES CONSUMP- TION AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS' MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS. AS A CONDITION OF THE PERMIT A REPRESENTATIVE FROM THE DISTILLERY MUST BE PRESENT AT THE TIME OF SALE. S 2. The opening paragraph of paragraph c of subdivision 2-c of section 61 of the alcoholic beverage control law, as amended by chapter 454 of the laws of 2008, is amended to read as follows:
A licensed farm distillery may conduct upon the licensed premises, OR AT APPROVED LOCATIONS AS PERMITTED IN SUBDIVISION SIX OF THIS SECTION, consumer tastings of liquor manufactured by the licensee and from no more than three other class A, A-1, B, B-1, C or D distilleries, subject to the following limitations: S 3. Section 61 of the alcoholic beverage control law is amended by adding a new subdivision 6 to read as follows: 6. ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE AS A FARM DISTILLERY UNDER THIS SECTION MAY CONDUCT CONSUMER TASTINGS OF LIQUOR PURSUANT TO RULES OR REGULATIONS PROMULGATED BY THE LIQUOR AUTHORITY, AND SUBJECT TO THE LIMITATIONS SET FORTH IN PARAGRAPH C OF SUBDIVISION TWO-C OF THIS SECTION AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS' MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.

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