Relates to where beer may be sold relating to brewpubs.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, 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, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Huntley, Krueger
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to beer and brewpubs
PURPOSE: To allow an individual who holds a license to sell beer brewed by their brewery at retail establishments they own.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 allows an individual who holds a license to sell beer brewed by their brewery at retail establishments they own. This section caps the amount at 20,000 barrels of beer per year.
Section 2 is the effective date.
JUSTIFICATION: There are breweries throughout the state that would like to brew their own beer, and be able to sell their beer at other locations that they own. Under current New York law they are not allowed to do so. This legislation would clarify and correct this issue.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7216 IN SENATE May 2, 2012 ___________Introduced by Sen. GRISANTI -- 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 beer and brewpubs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 5, 8 and 10 of section 64-c of the alcoholic beverage control law, as added by chapter 538 of the laws of 1997, are amended to read as follows: 5. Such restaurant-brewer license shall in form and in substance be a license to the person specifically licensed to operate a restaurant and sell liquor at retail to be consumed on the premises specifically licensed. Such license shall also be deemed to include a license to: (A) sell wine and beer at retail to be consumed under the same terms and conditions, without the payment of any additional fee; AND (B) SELL BEER BREWED ON THE PREMISES TO OTHER RETAIL LICENSEES, WHERE SUCH LICENSE IS HELD BY THE SAME PERSON HOLDING THE RESTAURANT-BREWER LICENSE, OR TO COMMONLY OWNED AFFILIATE LICENSES, PROVIDED THAT SUCH BEER IS SOLD THROUGH A NEW YORK STATE LICENSED BEER WHOLESALER. 8.
[Not more than five thousand barrels of beer per year may be brewed on any premises licensed under this section nor may any person who holds multiple licenses]A PERSON HOLDING ONE OR MORE LICENSES under this section MAY brew, in the aggregate, NO more than twenty thousand barrels of beer per year. 10. [Except as provided in subdivisions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this section, no person licensed under this section may be interested directly or indirectly in any other prem- ises in this state where alcoholic beverages are manufactured or sold. Any person who has an interest in premises eligible for conversion under subdivision nine of this section shall not be issued any license under this section unless and until a conversion application has been filed with and approved by the authority.](A) FOR PURPOSES OF SECTIONS ONE HUNDRED ONE AND ONE HUNDRED SIX OF THIS CHAPTER, A PERSON LICENSED UNDEREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15528-01-2 S. 7216 2
THIS SECTION SHALL BE DEEMED A "RETAILER" AS THAT TERM IS DEFINED WITHIN SECTION THREE OF THIS CHAPTER. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A PERSON LICENSED UNDER THIS SECTION MAY ALSO BE LICENSED (OR INTERESTED DIRECTLY OR INDIRECTLY IN A LICENSE) TO SELL LIQUOR AT RETAIL TO BE CONSUMED ON OR OFF THE PREMISES UNDER SECTION FIFTY-FOUR, FIFTY-FOUR-A, FIFTY-FIVE, FIFTY-FIVE-A, SEVENTY-NINE OR EIGHTY-ONE OF THIS CHAPTER OR SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, SIXTY- FOUR-B AND SIXTY-FOUR-D OF THIS ARTICLE. (B) NO MANUFACTURER OR WHOLESALER OF ALCOHOLIC BEVERAGES MAY BE GRANT- ED A LICENSE TO OPERATE A RESTAURANT-BREWER PURSUANT TO THIS SECTION. ANY PERSON WHO HAS AN INTEREST IN PREMISES ELIGIBLE FOR CONVERSION UNDER SUBDIVISION NINE OF THIS SECTION SHALL NOT BE ISSUED ANY LICENSE UNDER THIS SECTION UNLESS AND UNTIL A CONVERSION APPLICATION HAS BEEN FILED WITH AND APPROVED BY THE AUTHORITY. S 2. This act shall take effect immediately.