Relates to beer and/or malt beverage tasting permits.
Ayes (11): Stachowski, Hassell-Thompson, Parker, Stewart-Cousins, Aubertine, Espada, Foley, Alesi, Robach, Griffo, Volker
Excused (1): Fuschillo
BILL NUMBER: S6816A
TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to beer and/or malt beverage tasting permits
PURPOSE OR GENERAL IDEA OF BILL : This bill is designed to effectuate the legislative intent in the enactment of Chapter 439 of the Laws of 2007 and allow all brewers and distributors of beer and malt beverages to qualify for an annual tastings permit in addition to the daily permits available to them.
SUMMARY OF SPECIFIC PROVISIONS : This bill amends subparagraphs (a) and (b) of paragraph 8 of section 51 of the alcoholic beverage control law to allow all applicants for off premises tasting permits authorized under this section to choose either an annual permit or a three-day permit.
STATEMENT IN SUPPORT OF LEGISLATION : When the Legislature approved what became Chapter 439 of the Laws of 2007 it had the intention of allowing all brewers or manufacturers of beer and malt beverages who distributed their beverages in the State of New York to have the ability to offer tastings at off-premises licensees and to allow all of these entities to have the option of seeking either an annual permit or a three day permit for this purpose. Unfortunately, due to an inadvertent drafting error in the original bill, certain out of state brewers·and manufacturers who do not posses· a brewer's license pursuant to. the Alcoholic Beverage Control Law have been determined to be eligible for only the three day permit. This legislation is designed to correct that issue and allow them access to the annual permit on the same terms and conditions as entities holding a Brewer's license from the State of New York. Enactment of this legislation is also necessary to ensure that there are no unintended violations of the united States Supreme Court holding in the Granholm case that prohibits this type of discrimination among entities involved in liquor distribution.
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS : None.
PRIOR LEGISLATIVE HISTORY : New Bill for 2010
EFFECTIVE DATE : This bill will take effect immediately upon being signed by the Governor.
STATE OF NEW YORK ________________________________________________________________________ 6816--A IN SENATE February 10, 2010 ___________Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business -- 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 beer and/or malt beverage tasting permits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 8 of section 51 of the alcoholic beverage control law, as amended by chapter 439 of the laws of 2007, are amended to read as follows: (a) A licensee or his or her employee, or a brewer or manufacturer as defined in section three of this chapter OR ITS EMPLOYEE OR REPRESEN- TATIVE, or an importer having a basic permit as required by section 1.20 of title 27 of the code of federal regulations OR ITS EMPLOYEE OR REPRE- SENTATIVE, may obtain a permit to serve small samples of beer or malt beverages he or she produces or imports at establishments licensed under section fifty-four or fifty-four-a of this article. Furthermore such permit may also be obtained for serving small samples of beer or malt beverages produced or imported by such licensee, brewer, manufacturer or importer at annual fairs sponsored by agricultural and horticultural societies as defined in section fourteen hundred nine of the not-for- profit corporation law, and for sampling at the licensed premises of the holder of a wholesaler's license under section fifty-three of this arti- cle issued or renewed prior to July first, nineteen hundred sixty, and thereafter renewed or transferred, which authorizes the holder thereof to sell beer at retail to a person for consumption in his or her home. (b) The fee for a temporary brewer tasting permit shall be twenty dollars and shall be issued by the authority and dated for its period of use, which shall not exceed three days.
[A licensee]AN APPLICANT FOR SUCH PERMIT may also apply for an annual brewer tasting permit for a fee of one thousand dollars which shall be issued by the authority. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15869-03-0