S6426-2011 - NY Senate Open Legislation - Relates to the sale and production of liquor by farm distilleries

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

Sponsor: BONACIC / Co-sponsor(s): GRIFFO, O'MARA, VALESKY
Law Section: Alcoholic Beverage Control Law / Law: Amd S61, ABC L

S6426-2011 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

S6426-2011 Meetings

Commerce, Economic Development and Small Business: May 15, 2012

S6426-2011 Calendars

Active List: May 31, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012

S6426-2011 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

VOTE: FLOOR VOTE: - May 31, 2012

Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Fuschillo
Excused (4): Diaz, Hassell-Thomps, Johnson, Stavisky

S6426-2011 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.

S6426-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6426
 I N  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14327-03-2
        S. 6426                             2
 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.

S6426-2011: Relates to the sale and production of liquor by farm distilleries