S7216-2011 Actions

• Aug 1, 2012: SIGNED CHAP.366
• Jul 20, 2012: DELIVERED TO GOVERNOR
• Jun 21, 2012: returned to senate
• Jun 21, 2012: passed assembly
• Jun 21, 2012: ordered to third reading rules cal.555
• Jun 21, 2012: substituted for a10667
• Jun 13, 2012: referred to economic development
• Jun 13, 2012: DELIVERED TO ASSEMBLY
• Jun 13, 2012: PASSED SENATE
• Jun 13, 2012: ORDERED TO THIRD READING CAL.1247
• Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 5, 2012: REPORTED AND COMMITTED TO FINANCE
• May 2, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S7216-2011 Meetings

S7216-2011 Calendars

S7216-2011 Votes

S7216-2011 Memo

BILL NUMBER:S7216

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.

S7216-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7216
 I N  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 UNDER
 EXPLANATION--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.

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