NY State Senate Bill 2013-S7813A

Senate Bill S7813A

Signed By Governor

2013-2014 Legislative Session

Relates to licenses and permits regarding the manufacture of alcoholic beverages; repealer

download bill text pdf

Archive: Last Bill Status Via A10122 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 13, 2014	signed chap.431
Nov 10, 2014	delivered to governor
Jun 19, 2014	returned to assembly passed senate 3rd reading cal.1650 substituted for s7813a
Jun 19, 2014	substituted by a10122 ordered to third reading cal.1650 committee discharged and committed to rules
Jun 16, 2014	print number 7813a
Jun 16, 2014	amend and recommit to investigations and government operations
Jun 11, 2014	referred to investigations and government operations

Votes

- Jun 19, 2014 - Floor Vote
  A10122
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2014
      
      aye (60)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (1)
      
      Diaz
  Jun 19, 2014 - Rules Committee Vote
  S7813A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2014
      
      aye (23)
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Bonacic
      
      excused (1)
      
      Espaillat

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S7813 - Details

See Assembly Version of this Bill:: A10122
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Rpld §51 sub 6-a ¶¶(b) & (d), §52, §58-c sub 2 ¶¶(d) & (e), §76-a sub 3-a, amd §§51, 51-a, 56, 58, 58-c, 61, 76 & 76-a, ABC L

2013-S7813 - Summary

Relates to licenses and permits regarding the manufacture of alcoholic beverages; establishes a supplier's marketing permit to authorize a supplier to conduct tastings and provide samples of alcoholic beverages manufactured by such supplier to consumers; further establishes a supplier's special event permit.

2013-S7813 - Sponsor Memo

                                BILL NUMBER:S7813

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to licenses and permits regarding the manufacture of
alcoholic beverages; and to repeal certain provisions of such law
relating thereto

Purpose:

This bill would amend the Alcoholic Beverage Control Law ("ABCL")
governing licenses and permits issued to alcoholic beverage
manufacturers, by:

(a)eliminating multiple and confusing permits for tastings and retail
sales by New York manufacturers and including such activities as rim
of their license privileges;

(b)increasing the production caps on "farm" and "micro" manufacturers;

(c)allowing farm distilleries to operate branch offices similar to
farm wineries, farm cideries and farm breweries;

(d)creating a marketing permit and special events permit for use by
licensed wholesalers, out-of-state manufacturers and importers;

(e)allowing all manufacturers to conduct tastings and sell, by the

bottle or glass, the alcoholic beverages they manufacture without a
separate license;

(f)lowering the food requirement that must be met by manufacturers to
obtain an on-premises license; and

(g)creating uniform provisions for tastings and sales by the bottle.

Summary of Provisions:

Section 1 of this bill would amend the penalty provisions of ABCL
17(3) to address the creation of three new permits for suppliers and
distributors of alcoholic beverages.

Section 2 of this bill would add a new subdivision 3-a to ABCL § 51 to
allow brewers to conduct tastings and sell beer for on and
off-premises consumption at the brewery.

Section 3 of this bill would amend ABCL § 51(4) to allow brewers to
operate restaurants, hotels, catering establishments and other food
and drinking establishments at the brewery.

Section 4 of this bill would amend ABCL § 51(5) to allow brewers to
conduct off-site tastings and bottle sales without the need for a
separate permit.

Section 5 of this bill would amend ABCL § 51(6-a) to eliminate
duplicative provisions regarding tastings and bottle sales for
brewers.


Section 6 of this bill would repeal ABCL § 51(8) to eliminate
duplicative provisions regarding tastings.

Section 7 of this bill would add ABCL § 51(8) to set minimum
production requirements for brewers.

Section 8 of this bill would amend ABCL § 51-a(2)(g) to allow farm
brewers to operate restaurants, hotels, catering establishments and
other food and drinking establishments at the brewery.

Section 9 of this bill would repeal ABCL § 51-a(2)(h) to eliminate
duplicative provisions regarding off-site bottle sales for farm
breweries.

Section 10 of this bill would amend ABCL § 51-a(3) to allow farm
brewers to conduct off-site tastings and bottle sales without the need
for a separate permit.

Section 11 of this bill would repeal ABCL § 51-a(4) to eliminate
duplicative provisions regarding tastings and bottle sales for farm
breweries.

Section 12 of this bill would amend ABCL § 51-a(10) to set minimum
production requirements for a farm brewer and to increase the maximum
amount of beer and cider that can be produced by a farm brewery.

Section 13 of this bill would repeal ABCL § 52 to eliminate
duplicative provisions regarding bottle sales for brewers.

Section 14 of this bill would amend ABCL § 56(1)(a) to increase the
maximum amount of beer and cider that can be produced by a
micro-brewery.

Section 15 of this bill would amend ABCL § 58(2) to allow cider
producers to conduct off-site tastings and bottle sales without the
need for a separate permit.

Section 16 of this bill would repeal ABCL § 58(3) to eliminate
duplicative provisions regarding tastings and bottle sales for cider
producers.

Section 17 of this bill would repeal ABCL § 58(3-a) to eliminate
duplicative provisions regarding tastings and bottle sales for cider
producers.

Section 18 of this bill would add ABCL § 58(9) to set minimum
production requirements for cider.

Section 19 of this bill would repeal ABCL § 58-c(2)(d) and (e) to
eliminate duplicative provisions regarding bottle sales for farm
cideries.

Section 20 of this bill would amend ABCL § 58-c(2)(f) to allow farm
cideries to conduct tastings, sell by the glass and by the bottle, and
operate restaurants, hotels, catering establishments and other food
and drinking establishments at the cidery.


Section 21 of this bill would amend ABCL § 58-c(2)(g) to allow cider
producers to conduct off-site tastings and bottle sales without the
need for a separate permit.

Section 22 of this bill would repeal ABCL § 58-c(2)(d) to eliminate
duplicative provisions regarding tastings and bottle sales for farm
cideries.

Section 23 of this bill would amend ABCL § 58-c(10) to set minimum
production requirements for cider by a farm cidery and to increase the
maximum amount of cider that can be produced by a farm cidery and sets
minimum production requirements for cider.

Section 24 of this bill would amend ABCL § 61(1-a) to increase the
maximum amount of liquor that can be produced by a micro-distiller.

Section 25 of this bill would amend ABCL § 61(2-b) to increase the
maximum amount of liquor that can be produced by a micro-rectifier.

Section 26 of this bill would repeal ABCL § 61(2-c)(b)(iv) to
eliminate duplicative provisions regarding bottle sales for farm
distilleries.

Section 27 of this bill would amend ABCL § 61(2-c)(e) to allow farm
distillers to conduct tastings, sell by the glass and by the bottle,
and operate restaurants, hotels, catering establishments and other
food and drinking establishments at the distillery.

Section 28 of this bill would amend ABCL § 61(2-c)(f) to increase the
amount of liquor that can be produced by a farm distiller.

Section 29 of this bill would add a new ABCL § 61(2-c)(g) to allow
farm distillers to operate branch offices.

Section 30 of this bill would add a new ABCL § 61(7) to allow all
classes of distillers to conduct off-site tastings and bottle sales
without the need for a separate permit.

Section 31 of this bill would add ABCL § 61(8) to set minimum
production requirements for liquor.

Section 32 of this bill would amend ABCL § 76(3) to allow wineries to
conduct off-site tastings and bottle sales without the need for a
separate permit.

Section 33 of this bill would amend ABCL § 76(4) to allow wineries to
sell by the glass and by the bottle at the winery without a separate
permit.

Section 34 of this bill -would amend ABCL § 76(4-a) to allow wineries
to operate restaurants, hotels, catering establishments and other food
and drinking establishments at the winery.

Section 35 of this bill would repeal ABCL § 76(7) to eliminate
duplicative provisions regarding bottle sales for wineries.


Section 36 of this bill would amend ABCL § 76(10) to eliminate
duplicative provisions regarding bottle sales for wineries.

Section 37 of this bill would add ABCL § 76(7) to set minimum
production requirements for wine.

Section 38 of this bill would amend ABCL § 76-a(2)(f) to allow farm
wineries to operate restaurants, hotels, catering establishments and
other food and drinking establishments at the winery.

Section 39 of this bill would amend ABCL § 76-a(3) to allow farm
wineries to conduct off-site tastings and bottle sales without the
need for a separate permit.

Section 40 of this bill would repeal ABCL § 76-a(3-a) to eliminate
duplicative provisions regarding bottle sales for farm wineries.

Section 41 of this bill would amend ABCL § 76-a(9) to set minimum
production requirements of wine by a farm winery and to increase the
maximum amount of wine that can be produced by a farm winery and sets
minimum production requirements for wine.

Section 42 of this bill would amend ABCL § 97(2) to eliminate
duplicative provisions regarding special events permits for brewers.

Section 43 of this bill would repeal ABCL § 97(4) to eliminate
duplicative provisions regarding special events permits for wineries.

Section 44 of this bill would add a new ABCL § 99-h to create a new
permit for tastings and bottle sales for out-of-state suppliers.

Section 45 of this bill would add a new ABCL § 99-i to create a new
special events permit for out-of-state suppliers.

Section 46 of this bill would add a new ABCL § 99-j to create a new
permit for tastings for licensed wholesalers and out-of-state
distributors.

Section 47 of this bill would add a new ABCL § 102-a to create
standards for tastings of alcoholic beverages.

Section 48 of this bill would add a new ABCL § 102-b to create
standards for off-premises sales by suppliers.

Section 49 of this bill would add a new ABCL § 104(4) to prohibit beer
wholesalers from conducting tastings or sales on behalf of other
licensees and permit holders.

Section 50 of this bill would provide that the bill would take effect
thirty days after it becomes law.

Existing Law:

The current statutory scheme for allowing manufacturers to conduct
tastings and sell alcoholic beverages to consumers, either for on or
off premises consumption is confusing. As noted above, the statutory
provisions are scattered through four different articles of the ABCL.


Manufacturers must obtain multiple permits depending on where the
tasting or sale will take place. To allow in-state and out-of-state
suppliers to market their product, the State Liquor Authority has
relied on its powers under ABCL § 99-b(1)(k) to create a miscellaneous
permit to allow these entities to conduct off-site tastings and bottle
sales.

Justification:

The New York State Law Revision Commission's report on the ABCL
suggested the need for a complete revision of the laws regarding
licensed manufacturers and wholesalers. This bill addresses some
issues raised by the Commission, as well as concerns routinely raised
by manufacturers regarding the overly restrictive and confusing laws
that regulate their activities.

This bill would provide greater economic opportunities for New York
manufacturers by expanding the activities that they can conduct at
their facilities. Manufacturers and wholesalers have expressed concern
about the number of permits that are needed to conduct activities away
from their licensed premises and that existing permits restrict their
ability to market effectively their products to retailers and the
public. This bill would eliminate the various permits and incorporate
into the license privilege for New York manufacturers, the ability to
conduct tastings and sell their product to consumers both "by the
bottle" and "by the glass."

Legislative History:

This is a new bill.

EFFECTIVE DATE:

The thirtieth day after it shall have become law.

2013-S7813 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7813

                            I N  S E N A T E

                              June 11, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO -- (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Investigations and Government Operations

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  licenses and permits regarding the manufacture of alcoholic beverages;
  and to repeal certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  17 of the alcoholic beverage
control law, as amended by chapter 355 of the laws of 2013,  is  amended
to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven, ninety-eight, ninety-nine-d [and],
paragraph f of subdivision one of section ninety-nine-b,  NINETY-NINE-H,
NINETY-NINE-I  AND  NINETY-NINE-J  of  this  chapter, and as against the
holder of any retail license  issued  pursuant  to  sections  fifty-two,
fifty-three-a,   fifty-four,   fifty-four-a,  fifty-five,  fifty-five-a,
sixty-three,  sixty-four,  sixty-four-a,   sixty-four-b,   sixty-four-c,
seventy-six-f,  seventy-nine,  eighty-one and eighty-one-a of this chap-
ter, and the sum of thirty thousand dollars as against the holder  of  a
license  issued  pursuant to sections fifty-three, seventy-six, seventy-
six-a, and seventy-eight of this chapter, provided that the civil penal-
ty against the holder of a wholesale license issued pursuant to  section
fifty-three  of  this  chapter  shall not exceed the sum of ten thousand
dollars where that licensee violates provisions of this  chapter  during
the  course of the sale of beer at retail to a person for consumption at
home, and the sum of one hundred thousand dollars as against the  holder
of  any  license  issued  pursuant  to sections fifty-one, sixty-one and
sixty-two of this chapter. Any civil penalty  so  imposed  shall  be  in
addition  to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve  of  this  chapter.
Provided  that  no  appeal  is  pending  on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12097-01-4

S. 7813                             2

unpaid, in whole or in part, more than  forty-five  days  after  written
demand  for  payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment  shall  be
sent  by  first  class  mail to the licensed premises and by first class
mail to the last known home address of the person who  signed  the  most
recent  license  application.   The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed  on  the
licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that  remains  unpaid
as  of  the  date  of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be  entered
in  the  supreme  court of the county in which the licensed premises are
located, or other  court  of  civil  jurisdiction  or  any  other  place
provided  for  the entry of civil judgments within the state of New York
unless the division receives full payment of  all  civil  penalties  due
within  twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending  default  judgment,
the  division  shall proceed to enter with such court a statement of the
default judgment containing the  amount  of  the  penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  S  2.  Section  51 of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. A LICENSED BREWER MAY CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR
CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY  BEER  MANUFACTURED  BY
THE LICENSEE OR ANY NEW YORK STATE LABELED BEER. PROVIDED, HOWEVER, THAT
FOR  TASTINGS  AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL
REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL  CUSTOM-
ERS  FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING
SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS
OR OTHER SUCH FOODS, WHETHER FRESH,  PROCESSED,  PRE-COOKED  OR  FROZEN;
AND/OR  (II)  FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC
BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED  SELECTION  OF  FOOD  THAT  IS
ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY
CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEES-
ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS.
  S  3.  Subdivision  4  of section 51 of the alcoholic beverage control
law, as amended by chapter 100 of the laws of 1940, is amended  to  read
as follows:
  4.    A  LICENSED  BREWERY  MAY  OPERATE A RESTAURANT, HOTEL, CATERING
ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN  OR  ADJACENT
TO  THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP-
TION ON THE PREMISES, BEER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK
STATE LABELED BEER. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  THE
licensed  brewer may apply to the liquor authority for a license to sell
beer, wine or liquor at retail for consumption on  the  premises  [in  a
restaurant owned by him and conducted and operated by him in or adjacent
to  the  brewery for which he is licensed] AT SUCH ESTABLISHMENT. All of

S. 7813                             3

the provisions of this chapter relative to licenses to sell  beer,  wine
or  liquor  at retail for consumption on the premises shall apply so far
as applicable to such application.
  S  4.  Subdivision  5  of section 51 of the alcoholic beverage control
law, as amended by chapter 258 of the laws of 2009, is amended  to  read
as follows:
  5. A licensed brewer [whose annual production is less than sixty thou-
sand barrels may apply to the liquor authority for a permit to sell beer
in a sealed container for off-premises consumption 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
brewer  must  be  present at the time of sale] MAY, WITHOUT THE NEED FOR
ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF  THE  ACTIVITIES  ALLOWED
UNDER   PERMITS   ISSUED   PURSUANT   TO   SECTIONS   NINETY-NINE-H  AND
NINETY-NINE-I OF THIS CHAPTER.
  S 5. Subdivision 6-a of section 51 of the alcoholic  beverage  control
law,  as  added  by chapter 108 of the laws of 2012 and paragraph (a) as
amended by chapter 384 of the laws  of  2013,  is  amended  to  read  as
follows:
  6-a. A licensed brewer producing New York state labelled beer may[:
  (a)]  sell  such beer to licensed farm distillers, farm wineries, farm
cideries and farm breweries. All such beer sold by the licensee shall be
securely sealed and have attached thereto a label as shall  be  required
by section one hundred seven-a of this chapter[;
  (b) conduct tastings at the licensed premises of such beer;
  (c)  sell  such beer at retail for consumption off the premises at the
state fair, at recognized county fairs and at farmers  markets  operated
on a not-for-profit basis;
  (d)  sell  and conduct tastings of such beer at retail for consumption
on the premises of a restaurant, conference center, inn, bed and  break-
fast or hotel business owned and operated by the licensee in or adjacent
to  its  farm  brewery. A licensee who operates a restaurant, conference
center, inn, bed and breakfast or hotel pursuant to such authority shall
comply with all applicable provisions of this chapter  which  relate  to
licenses to sell beer at retail for consumption on the premises;
  (e)  apply  for  a  permit  to conduct tastings away from the licensed
premises of such beer. Such permit shall be valid throughout  the  state
and may be issued on an annual basis or for individual events. Each such
permit  and  the  exercise  of  the  privilege  granted thereby shall be
subject to such rules and conditions of the authority as it deems neces-
sary. Tastings shall be conducted subject to the following conditions:
  (i) tastings shall be conducted by an official  agent,  representative
or  solicitor  of  the licensee. Such agent, representative or solicitor
shall be physically present at all times during the conduct of the tast-
ings; and
  (ii) any liability stemming from a right of action  resulting  from  a
tasting of beer or cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the licensee.
  (f)  if  it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority for a permit to sell such beer,
for consumption off the  premises,  during  such  tastings  in  premises
licensed  under sections sixty-four, sixty-four-a, eighty-one and eight-
y-one-a of this chapter. Each such permit and the exercise of the privi-
lege granted thereby shall be subject to such rules  and  conditions  of
the authority as it deems necessary].

S. 7813                             4

  S 6. Subdivision 8 of section 51 of the alcoholic beverage control law
is REPEALED.
  S  7.  Section  51 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. A BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER  ANNUAL-
LY.
  S  8.  Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
beverage control law, as added by chapter 108 of the laws  of  2012,  is
amended to read as follows:
  (g)  [sell  and conduct tastings of beer and cider manufactured by the
licensee or any other licensed farm brewery at retail for consumption on
the premises of a restaurant, conference center, inn, bed and  breakfast
or  hotel  business owned and operated by the licensee in or adjacent to
its farm brewery. A  licensee  who  operates  a  restaurant,  conference
center, inn, bed and breakfast or hotel pursuant to such authority shall
comply  with  all  applicable provisions of this chapter which relate to
licenses to sell beer at retail for consumption on the premises] OPERATE
A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND  DRINKING
ESTABLISHMENT  IN  OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH
PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, BEER AND  CIDER  MANU-
FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER OR NEW YORK
STATE  LABELED  CIDER.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
LICENSED FARM BREWERY MAY APPLY TO THE AUTHORITY  FOR  A  LICENSE  UNDER
THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
ON THE PREMISES AT SUCH ESTABLISHMENT;
  S  9.  Paragraph (h) of subdivision 2 of section 51-a of the alcoholic
beverage control law is REPEALED.
  S 10. Subdivision 3 of section 51-a of the alcoholic beverage  control
law,  as added by chapter 108 of the laws of 2012, is amended to read as
follows:
  3. [(a) A farm brewery licensee may apply  for  a  permit  to  conduct
tastings  away  from the licensed premises of beer and cider produced by
the licensee. Such permit shall be valid throughout the state and may be
issued on an annual basis or for individual events. Each such permit and
the exercise of the privilege granted thereby shall be subject  to  such
rules and conditions of the authority as it deems necessary.
  (b) Tastings shall be conducted subject to the following limitations:
  (i)  tastings  shall be conducted by an official agent, representative
or solicitor of one or more farm breweries. Such  agent,  representative
or solicitor shall be physically present at all times during the conduct
of the tastings; and
  (ii)  any  liability  stemming from a right of action resulting from a
tasting of beer or cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the farm brewery.] A LICENSED FARM BREWERY MAY,  WITHOUT
THE  NEED  FOR ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF THE ACTIV-
ITIES ALLOWED UNDER PERMITS ISSUED PURSUANT  TO  SECTIONS  NINETY-NINE-H
AND NINETY-NINE-I OF THIS CHAPTER.
  S  11. Subdivision 4 of section 51-a of the alcoholic beverage control
law is REPEALED.
  S 12. Subdivision 10 of section 51-a of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read  as
follows:
  10.  (A) No farm brewery shall manufacture in excess of [sixty] SEVEN-
TY-FIVE thousand finished barrels of beer AND CIDER annually.

S. 7813                             5

  (B) A FARM BREWERY SHALL MANUFACTURE AT LEAST FIFTY  BARRELS  OF  BEER
AND CIDER ANNUALLY.
  S 13. Section 52 of the alcoholic beverage control law is REPEALED.
  S  14.  Paragraph  (a) of subdivision 1 of section 56 of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012,  is
amended to read as follows:
  (a)  four  thousand  dollars for a brewer's license, unless the annual
production of the brewer is  less  than  [sixty]  SEVENTY-FIVE  thousand
barrels  per  year,  in which case the annual fee shall be three hundred
twenty dollars;
  S 15. Subdivision 2 of section 58 of the  alcoholic  beverage  control
law,  as added by chapter 347 of the laws of 1999, is amended to read as
follows:
  2. [(a) Any person  licensed  pursuant  to  subdivision  one  of  this
section  may conduct cider tastings of New York state labelled ciders in
establishments licensed pursuant to section sixty-three of this  chapter
to  sell  alcoholic  beverages  for off-premises consumption. Such cider
producer or wholesaler may charge a fee of  not  more  than  twenty-five
cents  for  each cider sample tasted. The liquor authority shall promul-
gate rules and regulations relating to the conduct of such tastings.
  (b) Any person licensed pursuant to subdivision one  of  this  section
may  conduct  cider tastings of New York state labelled ciders and apply
to the liquor authority for a permit to  sell  cider  produced  by  such
cider  producer  or  wholesaler,  by the bottle, during such tastings in
establishments licensed pursuant to section sixty-four of  this  chapter
to  sell alcoholic beverages for consumption on the premises. Such cider
producer or wholesaler may charge a fee of  not  more  than  twenty-five
cents  for  each cider sample tasted. The liquor authority shall promul-
gate rules and regulations relating to the conduct of tastings.
  (c) Cider tastings shall be conducted subject to the following limita-
tions:
  (i) cider tastings shall be conducted by an official agent,  represen-
tative  or solicitor of one or more cider producers or wholesalers. Such
agent, representative or solicitor shall be physically  present  at  all
times during the conduct of the tastings; and
  (ii)  any  liability  stemming from a right of action resulting from a
cider tasting as authorized pursuant to this subdivision and in  accord-
ance  with  the  provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the cider producer or wholesaler licen-
see.] A LICENSED CIDER PRODUCER MAY, WITHOUT THE NEED FOR ANY ADDITIONAL
PERMIT OR FEE, ENGAGE IN ANY OF THE  ACTIVITIES  ALLOWED  UNDER  PERMITS
ISSUED  PURSUANT  TO  SECTIONS  NINETY-NINE-H  AND NINETY-NINE-I OF THIS
CHAPTER.
  S 16. Subdivision 3 of section 58 of the  alcoholic  beverage  control
law is REPEALED.
  S  17. Subdivision 3-a of section 58 of the alcoholic beverage control
law is REPEALED.
  S 18. Section 58 of the alcoholic beverage control law is  amended  by
adding a new subdivision 3 to read as follows:
  3.  A CIDER PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF CIDER
ANNUALLY.
  S 19. Paragraphs (d) and (e) of subdivision 2 of section 58-c  of  the
alcoholic beverage control law are REPEALED.
  S  20. Paragraph (f) of subdivision 2 of section 58-c of the alcoholic
beverage control law, as added by chapter 384 of the laws  of  2013,  is
amended to read as follows:

S. 7813                             6

  (f)  [sell  and conduct tastings of cider manufactured by the licensee
or any other licensed farm cidery at retail for consumption on the prem-
ises of a restaurant, conference center, inn, bed and breakfast or hotel
business owned and operated by the licensee in or adjacent to  its  farm
cidery.  A  licensee  who operates a restaurant, conference center, inn,
bed and breakfast or hotel pursuant to such authority shall comply  with
all  applicable  provisions  of this chapter which relate to licenses to
sell cider at retail for consumption on the premises] (I) CONDUCT  TAST-
INGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREM-
ISES,  ANY  CIDER  MANUFACTURED  BY  THE  LICENSEE OR ANY NEW YORK STATE
LABELED CIDER. PROVIDED, HOWEVER, FOR TASTINGS AND SALES FOR ON-PREMISES
CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE  FOR  SALE
OR  SERVICE  TO  ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A
LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS
PROVISION: (A) SANDWICHES, SOUPS OR OTHER  SUCH  FOODS,  WHETHER  FRESH,
PROCESSED,  PRE-COOKED  OR  FROZEN;  AND/OR  (B)  FOOD ITEMS INTENDED TO
COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVER-
SIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE  OF
TABLEWARE  AND  CAN  BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING,
INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS,  VEGETABLES,  CHOCOLATES,
BREADS,  MUSTARDS  AND  CRACKERS;  AND (II) OPERATE A RESTAURANT, HOTEL,
CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT  IN  OR
ADJACENT  TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR
CONSUMPTION ON THE PREMISES, CIDER MANUFACTURED BY THE LICENSEE AND  ANY
NEW  YORK  STATE  LABELED  CIDER. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE LICENSED FARM CIDERY MAY APPLY TO THE AUTHORITY FOR  A  LICENSE
UNDER  THIS  CHAPTER  TO  SELL  OTHER  ALCOHOLIC BEVERAGES AT RETAIL FOR
CONSUMPTION ON THE PREMISES AT SUCH ESTABLISHMENT;
  S 21. Paragraph (g) of subdivision 2 of section 58-c of the  alcoholic
beverage  control  law,  as added by chapter 384 of the laws of 2013, is
amended to read as follows:
  (g) [sell cider manufactured by the licensee  or  any  other  licensed
farm  cidery  at  retail  for consumption off the premises, at the state
fair, at recognized county fairs and at farmers markets  operated  on  a
not-for-profit basis] MAY, WITHOUT THE NEED FOR ANY ADDITIONAL PERMIT OR
FEE, ENGAGE IN ANY OF THE ACTIVITIES ALLOWED UNDER PERMITS ISSUED PURSU-
ANT TO SECTIONS NINETY-NINE-H AND NINETY-NINE-I OF THIS CHAPTER;
  S  22. Subdivision 4 of section 58-c of the alcoholic beverage control
law is REPEALED.
  S 23. Subdivision 10 of section 58-c of the alcoholic beverage control
law, as added by chapter 384 of the laws of 2013, is amended to read  as
follows:
  10.  (A)  No  farm  cidery  shall  manufacture  in excess of [one] TWO
hundred fifty thousand gallons of cider annually.
  (B) A LICENSED FARM CIDERY SHALL PRODUCE AT  LEAST  FIFTY  GALLONS  OF
CIDER ANNUALLY.
  S  24. Subdivision 1-a of section 61 of the alcoholic beverage control
law, as amended by chapter 384 of the laws of 2013, is amended  to  read
as follows:
  1-a.  A class A-1 distiller's license shall authorize the holder ther-
eof  to  operate a distillery which has a production capacity of no more
than [thirty-five] SEVENTY-FIVE thousand gallons per year for the  manu-
facture  of  liquors  by  distillation or redistillation at the premises
specifically designated in  the  license.  Such  a  license  shall  also
authorize  the  sale in bulk by such licensee from the licensed premises
of the products manufactured under such license to any person holding  a

S. 7813                             7

winery  license,  farm  winery  license,  distiller's class A license, a
distiller's class B license or a permittee engaged in the manufacture of
products which are unfit for beverage use. It shall also  authorize  the
sale from the licensed premises and from one other location in the state
of  New  York of liquors manufactured by such licensee to a wholesale or
retail liquor licensee or permittee in sealed  containers  of  not  more
than  one  quart  each. In addition, it shall authorize such licensee to
sell from the licensed premises  New  York  state  labelled  liquors  to
licensed  farm  wineries,  farm  breweries,  farm  distilleries and farm
cideries in sealed containers of not more than one quart for retail sale
for off-premises consumption.  Such license shall also include the priv-
ilege to operate a rectifying plant under the same terms and  conditions
as  the holder of a class B-1 distiller's license without the payment of
any additional fee.
  S 25. Subdivision 2-b of section 61 of the alcoholic beverage  control
law,  as  amended by chapter 571 of the laws of 2008, is amended to read
as follows:
  2-b. A class B-1 distiller's license shall authorize the holder there-
of to operate a rectifying plant which has a production capacity  of  no
more  than  [thirty-five] SEVENTY-FIVE thousand gallons per year for the
manufacture of the products of rectification by purifying  or  combining
alcohol,  spirits,  wine, or beer and the manufacture of cordials by the
redistillation of alcohol or spirits over or with any materials. Such  a
license  shall  also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this  chap-
ter  for  wholesale  liquor  licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and  regulation  of  any  other
state,  territorial  possession  of the United States or foreign country
liquor received in bulk by such wholesalers from other states,  territo-
rial  possessions  of  the  United  States  or a foreign country, and to
rebottle or recondition for wholesale liquor or wine  licensees  or  for
persons  authorized  to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession  of  the
United  States  or  foreign country, liquor or wine manufactured outside
the state, which was purchased  and  received  by  such  wholesalers  in
sealed  containers  not  exceeding  one  quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale  from
the licensed premises of the products manufactured by such licensee to a
wholesale  or  retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to  sell  from
the  licensed  premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
  S 26. Subparagraph (iv) of paragraph (b) of subdivision 2-c of section
61 of the alcoholic beverage control law is REPEALED.
  S 27. Paragraph (e) 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:
  (e) Notwithstanding any other provision of law to  the  contrary,  the
holder  of  a  farm distillery license may [apply to the authority for a
license to sell beer, wine and liquor for consumption on the premises in
a restaurant operated on or adjacent to the  licensed  farm  distillery.
All  the  provisions of this chapter relative to licensees to sell beer,
wine or liquor at retail for consumption on the premises shall apply  so
far  as applicable to such application.] (I) SELL AT RETAIL FOR CONSUMP-

S. 7813                             8

TION ON THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY  THE  LICENSEE
OR  ANY  NEW  YORK STATE LABELED LIQUOR. PROVIDED, HOWEVER, THE LICENSEE
SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE  TO  ITS  RETAIL
CUSTOMERS  FOR  CONSUMPTION  ON  THE  PREMISES. A LICENSEE PROVIDING THE
FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: SANDWICHES,
SOUPS OR OTHER SUCH  FOODS,  WHETHER  FRESH,  PROCESSED,  PRE-COOKED  OR
FROZEN; AND/OR FOOD ITEMS INTENDED TO COMPLIMENT THE TASTING OF ALCOHOL-
IC  BEVERAGES,  WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS
ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY
CONSUMED WHILE STANDING  OR  WALKING,  INCLUDING  BUT  NOT  LIMITED  TO:
CHEESE,  FRUITS,  VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS;
AND
  (II) OPERATE A RESTAURANT, HOTEL,  CATERING  ESTABLISHMENT,  OR  OTHER
FOOD  AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES
AND SELL AT SUCH PLACE, AT  RETAIL  FOR  CONSUMPTION  ON  THE  PREMISES,
LIQUOR  MANUFACTURED  BY  THE  LICENSEE  AND  ANY NEW YORK STATE LABELED
LIQUOR. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  LICENSEE  MAY
APPLY  TO  THE  AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER
ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE  PREMISES  AT  SUCH
ESTABLISHMENT.
  S  28. Paragraph (f) 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:
  (f) No holder of a farm distillery license shall manufacture in excess
of  [thirty-five]  SEVENTY-FIVE  thousand gallons of liquor annually. In
the case of the holder of a class  A,  A-1,  B,  B-1  or  C  distiller's
license  who operates a farm distillery on the same premises, the liquor
manufactured pursuant to  the  farm  distillery  license  shall  not  be
considered  with  respect  to  any  limitation on the volume that may be
manufactured by the class A, A-1, B, B-1 or C distillery.
  S 29. Subdivision 2-c of section 61 of the alcoholic beverage  control
law is amended by adding a new paragraph (g) to read as follows:
  (G)  THE HOLDER OF A LICENSE ISSUED UNDER THIS SUBDIVISION MAY OPERATE
UP TO FIVE BRANCH OFFICES LOCATED AWAY FROM THE  LICENSED  FARM  DISTIL-
LERY.   SUCH LOCATIONS SHALL BE CONSIDERED PART OF THE LICENSED PREMISES
AND ALL ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM DISTILLERY MAY  BE
CONDUCTED  AT  THE  BRANCH  OFFICES.  SUCH  BRANCH  OFFICES SHALL NOT BE
LOCATED WITHIN, SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTE-
RIOR ACCESS TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED  TO  SELL
ALCOHOLIC  BEVERAGES  AT  RETAIL.   PRIOR TO COMMENCING OPERATION OF ANY
SUCH BRANCH OFFICE, THE LICENSEE  SHALL  NOTIFY  THE  AUTHORITY  OF  THE
LOCATION  OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR
THE OPERATION OF SAME.
  S 30. Section 61 of the alcoholic beverage control law is  amended  by
adding a new subdivision 7 to read as follows:
  7.  ANY  PERSON  LICENSED UNDER THIS SECTION MAY, WITHOUT THE NEED FOR
ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF  THE  ACTIVITIES  ALLOWED
UNDER   PERMITS   ISSUED   PURSUANT   TO   SECTIONS   NINETY-NINE-H  AND
NINETY-NINE-I OF THIS CHAPTER.
  S 31. Section 61 of the alcoholic beverage control law is  amended  by
adding a new subdivision 8 to read as follows:
  8.  ANY  PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF LIQUOR PER YEAR.
  S 32. Subdivision 3 of section 76 of the  alcoholic  beverage  control
law,  as  amended by chapter 221 of the laws of 2011, is amended to read
as follows:

S. 7813                             9

  3. [(a) Any person having applied for and  received  a  license  as  a
winery  under  this  section may conduct wine tastings of New York state
labelled wines in establishments licensed under sections sixty-three and
seventy-nine of this chapter to sell wine for off-premises  consumption.
Such  winery  may  charge  a  fee for each wine sample tasted. The state
liquor authority shall promulgate rules and regulations  regarding  such
tastings as provided for in this subdivision.
  (a-1) Any person having applied for and received a license as a winery
under  this section may conduct wine tastings of New York state labelled
wines and apply to the liquor  authority  for  a  permit  to  sell  wine
produced  by  such  winery by the bottle, during such tastings in estab-
lishments  licensed  under  section  sixty-four,  section  sixty-four-a,
section  eighty-one or section eighty-one-a of this chapter to sell wine
for consumption on the premises. Such winery may charge a fee of no more
than twenty-five cents for each wine sample  tasted.  The  state  liquor
authority shall promulgate rules and regulations regarding such tastings
as provided for in this subdivision.
  (b) Tastings shall be conducted subject to the following limitations:
  (i)  wine  tastings shall be conducted by an official agent, represen-
tative or solicitor of one or more wineries. Such agent,  representative
or solicitor shall be physically present at all times during the conduct
of the tastings; and
  (ii)  any  liability  stemming from a right of action resulting from a
wine tasting as authorized herein and in accordance with the  provisions
of  sections  11-100  and  11-101  of the general obligations law, shall
accrue to the winery licensee.
  (c)(i) Any person having applied for  and  received  a  license  as  a
winery  under  this  section may conduct wine tastings of New York state
labelled wines and sell such wine by the bottle,  during  such  tasting,
for off-premises consumption at outdoor or indoor gatherings, functions,
occasions  or  events, within the hours fixed by or pursuant to subdivi-
sion fourteen of section one hundred five of this chapter, sponsored  by
a bona fide charitable organization. For the purposes of this paragraph,
a bona fide charitable organization shall mean and include any bona fide
religious or charitable organization or bona fide educational, fraternal
or  service organization or bona fide organization of veterans or volun-
teer firefighters, which by its charter, certificate  of  incorporation,
constitution,  or  act of the legislature, shall have among its dominant
purposes one or more of the lawful purposes as  defined  in  subdivision
five of section one hundred eighty-six of the general municipal law.
  (ii)  Upon  application,  the  liquor  authority shall issue an annual
permit authorizing such winery to participate in outdoor or indoor gath-
erings, functions, occasions or events sponsored by a charitable  organ-
ization.    The  winery  must  give  the authority written or electronic
notice of the date, time and specific location of each tasting at  least
fifteen  days  prior  to  the tasting. A winery that obtains a permit to
conduct such wine tastings does not need to apply for or obtain a tempo-
rary beer or wine permit pursuant to section ninety-seven of this  chap-
ter or any other permit to conduct such a tasting or to sell wine by the
bottle for off-premises consumption at such tastings.
  (iii)  Such winery may charge a fee for each wine sample tasted. Tast-
ings shall be conducted by an official agent, representative or  solici-
tor  of such winery. The state liquor authority may promulgate rules and
regulations regarding such tastings as provided  for  in  this  subdivi-
sion.]  ANY PERSON LICENSED UNDER THIS SECTION MAY, WITHOUT THE NEED FOR
ANY ADDITIONAL PERMIT OR FEE, ENGAGE IN ANY OF  THE  ACTIVITIES  ALLOWED

S. 7813                            10

UNDER   PERMITS   ISSUED   PURSUANT   TO   SECTIONS   NINETY-NINE-H  AND
NINETY-NINE-I OF THIS CHAPTER.
  S  33.  Subdivision  4 of section 76 of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended  to  read
as follows:
  4.  A licensed winery may [apply to the liquor authority for a license
to sell wine  at  retail  for  consumption  on  the  premises.  All  the
provisions  of  this chapter relative to licenses to sell wine at retail
for consumption on the premises shall apply so far as applicable to such
application] CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION  ON
OR  OFF  THE LICENSED PREMISES, ANY WINE OR WINE PRODUCT MANUFACTURED BY
THE LICENSEE OR ANY NEW YORK  STATE  LABELED  WINE  OR  NEW  YORK  STATE
LABELED  WINE  PRODUCT.    PROVIDED, HOWEVER, FOR TASTINGS AND SALES FOR
ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP  FOOD  AVAIL-
ABLE  FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE
PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN  COMPLI-
ANCE  WITH  THIS  PROVISION:  (I) SANDWICHES, SOUPS OR OTHER SUCH FOODS,
WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II)  FOOD  ITEMS
INTENDED  TO  COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL
MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT
THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING  OR
WALKING,  INCLUDING  BUT  NOT  LIMITED  TO: CHEESES, FRUITS, VEGETABLES,
CHOCOLATES, BREADS, MUSTARDS AND CRACKERS.
  S 34. Subdivision 4-a of section 76 of the alcoholic beverage  control
law,  as  amended by chapter 221 of the laws of 2011, is amended to read
as follows:
  4-a. [Notwithstanding any other provision of law, any winery, licensed
pursuant to subdivision four of this section to sell wine at retail  for
consumption  on  the  premises  in  a  restaurant  in or adjacent to the
winery, may apply to the liquor authority for a license  to  sell  beer,
wine or liquor at retail for consumption on the premises of such restau-
rant. All of the provisions of this chapter relative to licenses to sell
beer,  wine  or  liquor  at retail for consumption on the premises shall
apply so far as applicable to such application] A  LICENSED  WINERY  MAY
OPERATE  A  RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND
DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND  SELL
AT  SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE AND WINE
PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY  NEW  YORK  STATE  LABELED
WINE  OR NEW YORK STATE LABELED WINE PRODUCT.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY  FOR  A
LICENSE  UNDER  ARTICLE  FOUR  OF  THIS  CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT  SUCH  ESTABLISH-
MENT.
  S  35.  Subdivision  7 of section 76 of the alcoholic beverage control
law is REPEALED.
  S 36. Subdivision 10 of section 76 of the alcoholic  beverage  control
law,  as added by chapter 221 of the laws of 2011, is amended to read as
follows:
  10. Notwithstanding any provision of this chapter to the contrary, and
upon payment to the liquor authority of an additional annual fee of  one
hundred  twenty-five dollars, the liquor authority may in its discretion
and upon such terms and conditions as  it  may  prescribe,  issue  to  a
licensed winery upon application therefor a certificate authorizing such
winery to sell wine at retail in sealed containers to a regularly organ-
ized   church,  synagogue  or  religious  organization  for  sacramental
purposes[, and to a householder for consumption in his home].

S. 7813                            11

  S 37. Section 76 of the alcoholic beverage control law is  amended  by
adding a new subdivision 7 to read as follows:
  7.  ANY  PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF WINE PER YEAR.
  S 38. Paragraph (f) of subdivision 2 of section 76-a of the  alcoholic
beverage  control  law,  as added by chapter 221 of the laws of 2011, is
amended to read as follows:
  (f) [sell wine at retail for consumption on the premises of a  restau-
rant,  conference center, inn, bed and breakfast or hotel business owned
and operated by the licensee in or adjacent to the farm winery for which
the licensee is licensed. A licensee who operates a restaurant,  confer-
ence  center, inn, bed and breakfast or hotel pursuant to such authority
shall comply with all applicable provisions of this chapter which relate
to licenses to sell wine at retail  for  consumption  on  the  premises]
OPERATE  A  RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND
DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND  SELL
AT  SUCH  PLACE,  AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE, CIDER
AND WINE PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY  NEW  YORK  STATE
LABELED  WINE,  NEW  YORK  STATE LABELED CIDER OR NEW YORK STATE LABELED
WINE PRODUCT.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  LICENSED
WINERY  MAY  APPLY  TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF
THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
ON THE PREMISES AT SUCH ESTABLISHMENT.
  S 39. Subdivision 3 of section 76-a of the alcoholic beverage  control
law,  as added by chapter 221 of the laws of 2011, is amended to read as
follows:
  3. [(a) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of  New  York  state
labelled  wines  in establishments licensed under section sixty-three of
this chapter and section seventy-nine of this article to sell  wine  for
off-premises  consumption.  Such  farm  winery may charge a fee for each
wine sample tasted. The state liquor authority  shall  promulgate  rules
and regulations regarding such tastings as provided for in this subdivi-
sion.
  (b)  Any  person  having  applied for and received a license as a farm
winery under this section may conduct wine tastings of  New  York  state
labelled  wines  and  apply to the liquor authority for a permit to sell
wine produced by such farm winery, by the bottle, during  such  tastings
in establishments licensed under sections sixty-four and sixty-four-a of
this  chapter  and  section  eighty-one  or section eighty-one-a of this
article to sell wine for consumption on the premises. Such  farm  winery
may  charge a fee of no more than twenty-five cents for each wine sample
tasted. The state liquor authority  shall  promulgate  rules  and  regu-
lations regarding such tastings as provided for in this subdivision.
  (c) Tastings shall be conducted subject to the following limitations:
  (i)  wine  tastings shall be conducted by an official agent, represen-
tative or solicitor of one or more farm wineries. Such agent,  represen-
tative  or solicitor shall be physically present at all times during the
conduct of the tastings; and
  (ii) any liability stemming from a right of action  resulting  from  a
wine  tasting as authorized herein and in accordance with the provisions
of sections 11-100 and 11-101 of  the  general  obligations  law,  shall
accrue to the farm winery.
  (d) (i) Any person having applied for and received a license as a farm
winery  under  this  section may conduct wine tastings of New York state
labelled wines and sell such wine by the bottle,  during  such  tasting,

S. 7813                            12

for off-premises consumption at outdoor or indoor gatherings, functions,
occasions  or  events, within the hours fixed by or pursuant to subdivi-
sion fourteen of section one hundred five of this chapter, sponsored  by
a bona fide charitable organization. For the purposes of this paragraph,
a bona fide charitable organization shall mean and include any bona fide
religious or charitable organization or bona fide educational, fraternal
or  service organization or bona fide organization of veterans or volun-
teer firefighters, which by its charter, certificate  of  incorporation,
constitution,  or  act of the legislature, shall have among its dominant
purposes one or more of the lawful purposes as  defined  in  subdivision
five of section one hundred eighty-six of the general municipal law.
  (ii)  Upon  application,  the  liquor  authority shall issue an annual
permit authorizing such farm winery to participate in  such  outdoor  or
indoor  gatherings, functions, occasions or events sponsored by a chari-
table organization. The farm winery must give the authority  written  or
electronic  notice of the date, time and specific location of each tast-
ing at least fifteen days prior to  the  tasting.  A  farm  winery  that
obtains  a  permit  to conduct such wine tastings does not need to apply
for or obtain a temporary beer or wine permit pursuant to section  nine-
ty-seven  of  this chapter or any other permit to conduct such a tasting
or to sell wine by the bottle for off-premises consumption at such tast-
ings.
  (iii) Such farm winery may charge a fee for each wine  sample  tasted.
Tastings  shall  be  conducted  by  an official agent, representative or
solicitor of such farm winery. The  state  liquor  authority  may  adopt
rules and regulations regarding such tastings as provided in this subdi-
vision.]  ANY  PERSON  LICENSED UNDER THIS SECTION MAY, WITHOUT THE NEED
FOR ANY ADDITIONAL PERMIT OR  FEE,  ENGAGE  IN  ANY  OF  THE  ACTIVITIES
ALLOWED  UNDER  PERMITS  ISSUED  PURSUANT  TO SECTIONS NINETY-NINE-H AND
NINETY-NINE-I OF THIS CHAPTER.
  S 40. Subdivision 3-a  of  section  76-a  of  the  alcoholic  beverage
control law is REPEALED.
  S  41. Subdivision 8 of section 76-a of the alcoholic beverage control
law, as amended by chapter 147 of the laws of 1988 and as renumbered  by
chapter 221 of the laws of 2011, is amended to read as follows:
  8.  (A)  No  licensed farm winery shall manufacture in excess of [one]
TWO hundred fifty thousand finished gallons of wine annually.
  (B) ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT  LEAST
FIFTY GALLONS OF WINE PER YEAR.
  S  42.  Subdivision  2 of section 97 of the alcoholic beverage control
law, as amended by section 19 of part Z of chapter 85  of  the  laws  of
2002, is amended to read as follows:
  2. The liquor authority is hereby authorized to issue an annual permit
to  [brewers  and]  beer  wholesalers authorizing such licensees to sell
beer for consumption at outdoor or indoor gatherings,  functions,  occa-
sions or events, provided that such gatherings are not open to admission
to  the general public nor is admission thereto made contingent upon the
payment of an admission  fee,  donation  or  contribution,  and  further
provided  that such beer is not resold at such gatherings. Every [brewer
or] beer wholesaler to whom a permit shall  be  issued  hereunder  shall
require  every  person  to whom beer shall be sold for use at such gath-
erings to make, execute and file with such [brewer or] beer  wholesaler,
upon  a form to be prescribed by the liquor authority, a statement, that
the beer purchased by such person will not be sold or offered  for  sale
by such person. Such statement shall be accepted for all purposes as the
equivalent  of  an  affidavit,  and  if  false, shall subject the person

S. 7813                            13

making and executing the same to the same penalties as if  he  had  been
duly  sworn.  Such  permit shall be issued in the form prescribed by the
liquor authority and shall run concurrently with the annual term of [the
[brewer's  license  or  of]  the wholesale beer license, and the fee for
such permit shall be sixty-four dollars. Such a permit and the  exercise
of  the  privileges granted thereunder shall be subject to such rules by
the liquor authority as it deems necessary. The provisions hereof  shall
not apply to the sale of beer for consumption in the home.
  S  43.  Subdivision  4 of section 97 of the alcoholic beverage control
law is REPEALED.
  S 44. The alcoholic beverage control law is amended by  adding  a  new
section 99-h to read as follows:
  S 99-H. SUPPLIER'S MARKETING PERMIT.  1. A SUPPLIER'S MARKETING PERMIT
SHALL  AUTHORIZE  A  SUPPLIER TO CONDUCT TASTINGS AND PROVIDE SAMPLES OF
ALCOHOLIC BEVERAGES MANUFACTURED  BY  THE  SUPPLIER  TO  CONSUMERS.  FOR
PURPOSES  OF THIS SECTION, A "SUPPLIER" SHALL MEAN:  A BRAND OWNER OF AN
ALCOHOLIC BEVERAGE; OR AN ENTITY THAT HOLDS A VALID  LICENSE  ISSUED  BY
ANOTHER STATE TO MANUFACTURE ALCOHOLIC BEVERAGES.
  2. TASTINGS CONDUCTED PURSUANT TO SUCH PERMITS SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION ONE HUNDRED TWO-A OF THIS CHAPTER.
  3. SUCH EVENTS MAY TAKE PLACE AT:
  (A) AN ESTABLISHMENT LICENSED UNDER THIS CHAPTER TO SELL AT RETAIL THE
ALCOHOLIC BEVERAGE THAT WILL BE TASTED.
  (B)  THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND FARMERS MARKETS OPER-
ATED ON A NOT-FOR-PROFIT BASIS.
  (C) OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS SPON-
SORED BY A BONA FIDE CHARITABLE ORGANIZATION.
  (D) OTHER INDOOR  OR  OUTDOOR  EVENTS  SPECIFICALLY  APPROVED  BY  THE
AUTHORITY.  IN  DECIDING  WHETHER  TO  APPROVE THE USE OF A PERMIT FOR A
PARTICULAR EVENT, THE AUTHORITY SHALL CONSIDER THE NATURE  AND  LOCATION
OF  THE EVENT, AND THE PLAN OF SUPERVISION SUBMITTED BY THE APPLICANT TO
ENSURE COMPLIANCE WITH THIS CHAPTER.
  4. SUCH PERMITS SHALL AUTHORIZE THE PERMIT HOLDER TO ACCEPT  AN  ORDER
FOR  ALCOHOLIC  BEVERAGES  MANUFACTURED, IMPORTED OR OWNED BY THE PERMIT
HOLDER FROM A LICENSED RETAILER ON BEHALF OF A LICENSED  WHOLESALER  WHO
IS AUTHORIZED TO SELL SUCH PRODUCT AT WHOLESALE.
  5.  SUCH  PERMITS SHALL ALSO AUTHORIZE THE PERMIT HOLDER TO SELL ALCO-
HOLIC BEVERAGES MANUFACTURED, IMPORTED OR OWNED BY THE PERMIT HOLDER  TO
CONSUMERS  AT  RETAIL FOR OFF-PREMISES CONSUMPTION AT TASTINGS CONDUCTED
PURSUANT TO THE PERMIT. ALL SALES SHALL BE  CONDUCTED  PURSUANT  TO  THE
PROVISIONS SET FORTH IN SECTION ONE HUNDRED TWO-B OF THIS CHAPTER.
  6.  SUCH  PERMIT  MAY  ALSO  BE  ISSUED  TO WINE GRAPE GROWERS OR WINE
PRODUCER ORGANIZATIONS OR ASSOCIATIONS, INCORPORATED  WITHIN  THE  STATE
FOR THE PURPOSE OF WINE OR WINE GRAPE PROMOTION. PROVIDED THAT:
  (A)  ANY  SUCH  TASTING  IS CONDUCTED FOR PURPOSES OF EDUCATION IN THE
PRODUCTION AND PROPER USE OF WINE PRODUCTS; AND
  (B) NO ALCOHOLIC BEVERAGES MAY BE SOLD  TO  CONSUMERS  BY  THE  PERMIT
HOLDER.
  7.  A  PERMIT  ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE FOR EITHER
ONE YEAR OR FOR A SINGLE ONE-DAY EVENT. THE ENTIRE PERMIT FEE  SHALL  BE
DUE AND PAYABLE AT THE TIME OF THE APPLICATION.
  (A)  THE  FEE  FOR  AN ANNUAL SUPPLIER'S MARKETING PERMIT SHALL BE ONE
HUNDRED TWENTY DOLLARS.
  (B) THE FEE FOR A SINGLE ONE-DAY  EVENT  SUPPLIER'S  MARKETING  PERMIT
SHALL BE TWENTY-FIVE DOLLARS.

S. 7813                            14

  8. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREBY
MAY  BE SUBJECT TO SUCH RULES AND FURTHER CONDITIONS BY THE AUTHORITY AS
IT DEEMS NECESSARY.
  S  45.  The  alcoholic beverage control law is amended by adding a new
section 99-i to read as follows:
  S 99-I. SUPPLIER'S SPECIAL EVENT PERMIT.    1.  A  SUPPLIER'S  SPECIAL
EVENT  PERMIT SHALL AUTHORIZE A SUPPLIER TO SELL AND/OR SERVE THE PERMIT
HOLDER'S ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AT  OUTDOOR
OR  INDOOR  GATHERINGS,  FUNCTIONS, OCCASIONS OR EVENTS. FOR PURPOSES OF
THIS SECTION, A "SUPPLIER" SHALL MEAN: A BRAND  OWNER  OF  AN  ALCOHOLIC
BEVERAGE;  OR  AN  ENTITY  THAT  HOLDS A VALID LICENSE ISSUED BY ANOTHER
STATE TO MANUFACTURE ALCOHOLIC BEVERAGES.
  2. A PERMIT ISSUED UNDER THIS SECTION MAY  ONLY  BE  USED  DURING  THE
HOURS  FIXED  BY  OR PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED
SIX OF THIS CHAPTER, DURING WHICH ALCOHOLIC BEVERAGES  MAY  LAWFULLY  BE
SOLD  OR  SERVED  UPON  PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AT
RETAIL FOR ON-PREMISES CONSUMPTION IN THE COMMUNITY IN WHICH SUCH  GATH-
ERING, FUNCTION, OCCASION OR EVENT IS HELD.
  3.  A  PERMIT  ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE FOR EITHER
ONE YEAR OR FOR A SINGLE ONE-DAY EVENT. THE ENTIRE PERMIT FEE  SHALL  BE
DUE AND PAYABLE AT THE TIME OF THE APPLICATION.
  (A) THE FEE FOR AN ANNUAL SUPPLIER'S SPECIAL EVENT PERMIT SHALL BE ONE
HUNDRED TWENTY DOLLARS.
  (B)  THE  FEE FOR A SINGLE ONE-DAY SPECIAL EVENT PERMIT SHALL BE TWEN-
TY-FIVE DOLLARS.
  4. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY  NOTWITHSTAND-
ING,  AN APPLICANT SHALL NOT BE ISSUED A PERMIT PURSUANT TO THIS SECTION
FOR EVENTS TO TAKE PLACE UPON ANY PREMISES FOR WHICH THE  AUTHORITY  HAS
ISSUED  ANY  LICENSE, OR HAS ISSUED A PERMIT MORE THAN FOUR TIMES WITHIN
ANY ONE YEAR PERIOD, PROVIDED HOWEVER THAT THE  AUTHORITY  MAY,  IN  ITS
SOLE  DISCRETION,  ISSUE ADDITIONAL SINGLE PERMITS IF IT SHALL DETERMINE
UPON THE ISSUANCE OF EACH THAT (A) THE APPLICATION FOR  SUCH  PERMIT  IS
NOT  AN  ATTEMPT TO CIRCUMVENT LICENSING PROVISIONS OF THIS CHAPTER, AND
(B) THE ISSUANCE OF SUCH PERMIT WOULD NOT BE A DETRIMENT TO THE COMMUNI-
TY OR THE SURROUNDING NEIGHBORHOOD AS SUCH SHALL BE  DETERMINED  BY  THE
AUTHORITY AFTER CONSULTATION WITH MUNICIPAL AUTHORITIES AND POLICE AGEN-
CIES  AND  COMMUNITY  BOARDS  FOR  THE PURPOSE OF REVIEWING COMMUNITY OR
NEIGHBORHOOD OR POLICE AGENCY COMPLAINTS,  OR  VIOLATIONS  OF  STATE  OR
LOCAL LAWS.
  5. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREBY
MAY  BE SUBJECT TO SUCH RULES AND FURTHER CONDITIONS BY THE AUTHORITY AS
IT DEEMS NECESSARY.
  S 46. The alcoholic beverage control law is amended by  adding  a  new
section 99-j to read as follows:
  S  99-J.  DISTRIBUTOR'S  TASTING  PERMIT.   1. A DISTRIBUTOR'S TASTING
PERMIT SHALL AUTHORIZE A DISTRIBUTOR TO  CONDUCT  TASTINGS  AND  PROVIDE
SAMPLES  OF THEIR PRODUCTS TO CONSUMERS. FOR PURPOSES OF THIS SECTION, A
"DISTRIBUTOR" SHALL MEAN: AN  ENTITY  HOLDING  A  LICENSE  ISSUED  UNDER
SECTIONS  FIFTY-THREE,  FIFTY-EIGHT, SIXTY-TWO, OR SEVENTY-EIGHT OF THIS
CHAPTER; OR AN ENTITY THAT HOLDS A BASIC PERMIT AS REQUIRED  BY  SECTION
1.20  OF TITLE 27 OF THE CODE OF FEDERAL REGULATIONS TO IMPORT ALCOHOLIC
BEVERAGES.
  2. TASTINGS CONDUCTED PURSUANT TO SUCH PERMITS SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION ONE HUNDRED TWO-A OF THIS CHAPTER.
  3. SUCH EVENTS MAY TAKE PLACE AT:

S. 7813                            15

  (A) AN ESTABLISHMENT LICENSED UNDER THIS CHAPTER TO SELL AT RETAIL THE
ALCOHOLIC BEVERAGE THAT WILL BE TASTED.
  (B)  THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND FARMERS MARKETS OPER-
ATED ON A NOT-FOR-PROFIT BASIS.
  (C) OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS SPON-
SORED BY A BONA FIDE CHARITABLE ORGANIZATION.
  (D) OTHER INDOOR  OR  OUTDOOR  EVENTS  SPECIFICALLY  APPROVED  BY  THE
AUTHORITY.  IN  DECIDING  WHETHER  TO  APPROVE THE USE OF A PERMIT FOR A
PARTICULAR EVENT, THE AUTHORITY SHALL CONSIDER THE NATURE  AND  LOCATION
OF  THE EVENT, AND THE PLAN OF SUPERVISION SUBMITTED BY THE APPLICANT TO
ENSURE COMPLIANCE WITH THIS CHAPTER.
  4. A DISTRIBUTOR'S TASTING PERMIT ISSUED UNDER THIS ARTICLE  SHALL  BE
EFFECTIVE  FOR  EITHER  ONE  YEAR  OR  FOR A SINGLE ONE-DAY EVENT AT THE
PERMIT FEE PROVIDED FOR IN THIS SUBDIVISION. THE ENTIRE PERMIT FEE SHALL
BE DUE AND PAYABLE AT THE TIME OF THE APPLICATION.
  (A) THE FEE FOR AN ANNUAL PERMIT SHALL BE ONE HUNDRED TWENTY DOLLARS.
  (B) THE FEE FOR A SINGLE ONE-DAY EVENT  PERMIT  SHALL  BE  TWENTY-FIVE
DOLLARS.
  5. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREBY
MAY  BE SUBJECT TO SUCH RULES AND FURTHER CONDITIONS BY THE AUTHORITY AS
IT DEEMS NECESSARY.
  S 47. The alcoholic beverage control law is amended by  adding  a  new
section 102-a to read as follows:
  S  102-A.  TASTINGS  OF  ALCOHOLIC  BEVERAGES.   ANY TASTING CONDUCTED
PURSUANT TO THIS CHAPTER SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
  1. THE SITE OF THE TASTING SHALL BE SUBJECT TO INSPECTION  DURING  THE
TASTING BY THE AUTHORITY.
  2.  A  FEE  OF NO MORE THAN ONE DOLLAR MAY BE CHARGED FOR THE TASTING,
PROVIDED HOWEVER THAT  NO  PERSON  LICENSED  UNDER  SECTION  FIFTY-FOUR,
FIFTY-FOUR-A, SIXTY-THREE, SEVENTY-SIX-F OR SEVENTY-NINE OF THIS CHAPTER
SHALL CHARGE ANY FEE FOR A TASTING.
  3. EACH SAMPLE SHALL BE LIMITED:
  (A)  IN  THE CASE OF BEER, WINE PRODUCTS AND CIDER, TO THREE OUNCES OR
LESS.
  (B) IN THE CASE OF WINE, TO TWO OUNCES.
  (C) IN THE CASE OF LIQUOR, TO ONE-QUARTER  OUNCE.  PROVIDED,  HOWEVER,
THAT THE LIQUOR MAY BE MIXED WITH NO MORE THAN TWO OUNCES OF A NON-ALCO-
HOLIC BEVERAGE.
  4.  NO  TASTING  SHALL  BE  HELD  DURING  THE  HOURS PROHIBITED BY THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED FIVE OF THIS ARTI-
CLE.  PROVIDED, HOWEVER, THAT A LICENSED WINERY OR LICENSED FARM  WINERY
MAY  CONDUCT  TASTINGS OF WINE AND WINE PRODUCTS FOR CONSUMPTION OFF THE
PREMISES BETWEEN THE HOURS OF TEN O'CLOCK IN THE MORNING AND MIDNIGHT ON
SUNDAYS.
  5. THE TASTING SHALL BE CONDUCTED BY THE  LICENSEE  OR  AN  AUTHORIZED
AGENT  OF THE LICENSEE. PROVIDED, HOWEVER, THAT WITH RESPECT TO BEER AND
CIDER TASTINGS, A LICENSED  BEER  WHOLESALER  SHALL  NOT  SERVE  AS  THE
AUTHORIZED  AGENT  FOR  ANOTHER ENTITY, NOR SHALL A LICENSED BEER WHOLE-
SALER BE INVOLVED IN ANY MANNER WITH A BEER OR CIDER  TASTING  CONDUCTED
BY ANOTHER ENTITY.
  6.  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM SUCH
TASTING, AND IN ACCORDANCE WITH THE PROVISIONS OF  SECTIONS  11-100  AND
11-101  OF  THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE LICENSEE OR
PERMIT HOLDER.
  7. ALL ALCOHOLIC BEVERAGES USED  FOR  ANY  TASTING  SHALL  BE  IN  THE
ORIGINAL CONTAINERS AND MUST COMPLY WITH ANY ONE OF THE FOLLOWING:

S. 7813                            16

  (A)  THE  PROVISIONS  OF  THIS  CHAPTER AND THE RULES OF THE AUTHORITY
REGARDING BRAND LABEL REGISTRATION; OR
  (B) HAVE RECEIVED A CERTIFICATE OF LABEL APPROVAL FROM THE FEDERAL TAX
AND TRADE BUREAU; OR
  (C)  HAVE AN EXEMPTION FROM CERTIFICATE OF LABEL APPROVAL REGISTRATION
ISSUED BY THE FEDERAL TAX AND TRADE BUREAU.
  S 48. The alcoholic beverage control law is amended by  adding  a  new
section 102-b to read as follows:
  S  102-B.  SALES FOR OFF-PREMISES CONSUMPTION BY SUPPLIERS.  ANY SALES
FOR CONSUMPTION OFF THE PREMISES CONDUCTED BY  A  LICENSED  MANUFACTURER
SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
  1.  THE  SITE  OF  THE SALES SHALL BE SUBJECT TO INSPECTION DURING THE
TASTING BY THE AUTHORITY.
  2. NO SALE SHALL BE HELD DURING THE HOURS PROHIBITED BY THE PROVISIONS
OF SUBDIVISION FIVE  OF  SECTION  ONE  HUNDRED  FIVE  OF  THIS  ARTICLE.
PROVIDED,  HOWEVER,  THAT  A LICENSED WINERY OR LICENSED FARM WINERY MAY
SELL WINE AND WINE PRODUCTS FOR CONSUMPTION OFF THE PREMISES BETWEEN THE
HOURS OF TEN O'CLOCK IN THE MORNING AND MIDNIGHT ON SUNDAYS.
  3. SALES CONDUCTED PURSUANT TO SECTION NINETY-NINE-H OF  THIS  CHAPTER
SHALL  BE CONDUCTED BY THE LICENSEE OR AN AUTHORIZED AGENT OF THE LICEN-
SEE.  PROVIDED, HOWEVER, THAT WITH RESPECT TO SALES OF BEER OR CIDER,  A
LICENSED  BEER  WHOLESALER  SHALL  NOT SERVE AS THE AUTHORIZED AGENT FOR
ANOTHER ENTITY, NOR SHALL A LICENSED BEER WHOLESALER BE INVOLVED IN  ANY
MANNER WITH A SALE OF BEER OR CIDER CONDUCTED BY ANOTHER ENTITY.
  4.  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM SUCH
SALE, AND IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTIONS  11-100  AND
11-101  OF  THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE LICENSEE OR
PERMIT HOLDER.
  5. ALL CONTAINERS OF LIQUOR AND WINE SOLD SHALL BE SECURELY SEALED AND
HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY THIS CHAPTER.
  6. ALL LIQUOR AND WINE SOLD SHALL BE PROPERLY PRICE POSTED AS REQUIRED
BY THIS CHAPTER.
  7.  EXCEPT  AS   PROVIDED   FOR   IN   SECTIONS   SEVENTY-NINE-C   AND
SEVENTY-NINE-D OF THIS CHAPTER, ANY SUCH RETAIL SALE MAY BE MADE ONLY TO
A  CUSTOMER  WHO IS PHYSICALLY PRESENT AT THE PLACE OF SALE AND SHALL BE
CONCLUDED BY THE CUSTOMER'S TAKING  WITH  HIM,  OR  HER,  THE  ALCOHOLIC
BEVERAGE PURCHASED AT THE TIME THE CUSTOMER LEAVES THE PLACE OF SALE.
  8.   EXCEPT   AS   PROVIDED   FOR   IN   SECTIONS  SEVENTY-NINE-C  AND
SEVENTY-NINE-D OF THIS CHAPTER, NO SUCH RETAIL SALE SHALL BE MADE  WHERE
THE  ORDER  IS  PLACED BY LETTER, TELEPHONE, FAX, INTERNET OR E-MAIL, OR
WHERE THE CUSTOMER OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER
IS PHYSICALLY PRESENT AT THE PLACE OF SALE.
  9.  EXCEPT  AS   PROVIDED   FOR   IN   SECTIONS   SEVENTY-NINE-C   AND
SEVENTY-NINE-D  OF THIS CHAPTER, NO SUCH RETAIL SALE SHALL BE MADE WHERE
THE CONTEMPLATED SALE REQUIRES THE LICENSEE  TO  TRANSPORT  OR  SHIP  BY
COMMON CARRIER, SEALED CONTAINERS OF ALCOHOLIC BEVERAGE TO A CUSTOMER.
  S  49. Section 104 of the alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows:
  4. NO BEER WHOLESALER SHALL SERVE AS AN AGENT FOR ANY  OTHER  LICENSEE
OR  PERMIT HOLDER WITH RESPECT TO CONDUCTING ANY TASTING OR SALE OF BEER
OR CIDER AUTHORIZED BY THIS CHAPTER.
  S 50. This act shall take effect on the thirtieth day after  it  shall
have become a law; provided, however, that the amendments to subdivision
3  of  section  17 of the alcoholic beverage control law made by section
one of this act shall not affect the  expiration  of  such  section  and
shall be deemed to expire therewith.

co-Sponsors

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2013-S7813A (ACTIVE) - Details

See Assembly Version of this Bill:: A10122
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Rpld §51 sub 6-a ¶¶(b) & (d), §52, §58-c sub 2 ¶¶(d) & (e), §76-a sub 3-a, amd §§51, 51-a, 56, 58, 58-c, 61, 76 & 76-a, ABC L

2013-S7813A (ACTIVE) - Summary

2013-S7813A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7813A

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to licenses and permits regarding the manufacture of
alcoholic beverages; and to repeal certain provisions of such law
relating thereto

Purpose:  This bill would amend the Alcoholic Beverage Control Law
("ABCL") governing licenses and permits issued to alcoholic beverage
manufacturers, by:

(a)increasing the production caps on "farm" and "micro" manufacturers;

(b)allowing farm distilleries to operate a branch office;

(c)allowing all manufacturers to conduct tastings and sell, by the
bottle or glass, the alcoholic beverages they manufacture without a
separate license; and

(d)lowering the food requirement that must be met by manufacturers to
obtain an on-premises license.

Summary of Provisions:

Section 1 of this bill would add a new subdivision 3-a to ABCL § 51 to
allow brewers to conduct tastings and sell beer for on and

off-premises consumption at the brewery.

Section 2 of this bill would amend ABCL § 51(4) to allow brewers to
operate restaurants, hotels, catering establishments and other food
and drinking establishments at the brewery.

Section 3 of this bill would repeal ABCL § 51(6-a)(b) and (d).

Section 4 of this bill would add ABCL § 51(9) to set minimum
production requirements for brewers.

Section 5 of this bill would amend ABCL § 51-a(2)(g) to allow farm
brewers to operate restaurants, hotels, catering establishments and
other food and drinking establishments at the brewery.

Section 6 of this bill would amend ABCL § 51-a(10) to set minimum
production requirements for a farm brewer and increase the maximum
amount of beer and cider that can be produced by a farm brewery.

Section 7 of this bill would repeal ABCL § 52 to eliminate duplicative
provisions regarding bottle sales for brewers.

Section 8 of this bill would amend ABCL § 56(1)(a) to increase the
maximum amount of beer and cider that can be produced by a
micro-brewery.

Section 9 of this bill would add ABCL § 58(5) to set minimum
production requirements for cider.


Section 10 of this bill would repeal ABCL § 58-c(2)(d) and (e) to
eliminate duplicative provisions regarding bottle sales for farm
cideries.

Section 11 of this bill would amend ABCL § 58-c(2)(f) to allow farm
cideries to conduct tastings, sell by the glass and by the bottle, and
operate restaurants, hotels, catering establishments and other food
and drinking establishments at the cidery.

Section 12 of this bill would amend ABCL § 58-c(10) to set minimum
production requirements for cider by a farm cidery and to increase the
maximum amount of cider that can be produced by a farm cidery and sets
minimum production requirements for cider.

Section 13 of this bill would amend ABCL § 61(1-a) to increase the
maximum amount of liquor that can be produced by a micro-distiller.

Section 14 of this bill would amend ABCL § 61(2-b) to increase the
maximum amount of liquor that can be produced by a micro-rectifier.

Section 15 of this bill would amend ABCL § 61(2-c)(e) to allow farm
distillers to sell by the glass and by the bottle, and operate
restaurants, hotels, catering establishments and other food and
drinking establishments at the distillery.

Section 16 of this bill would amend ABCL § 61(2-c)(f) to increase the
amount of liquor that can be produced by a farm distiller.

Section 17 of this bill would add a new ABCL § 61(2-c)(g) to allow
farm distillers to operate a branch office.

Section 18 of this bill would add ABCL § 61(7) to set minimum
production requirements for liquor.

Section 19 of this bill would amend ABCL § 76(4) to allow wineries to
sell by the glass and by the bottle at the winery without a separate
permit.

Section 20 of this bill would amend ABCL § 76(4-a) to allow wineries
to operate restaurants, hotels, catering establishments and other food
and drinking establishments at the winery.

Section 21 of this bill would amend ABCL § 76(10) to eliminate
duplicative provisions regarding bottle sales for wineries.

Section 22 of this bill would add ABCL § 76(14) to set minimum
production requirements for wine.

Section 23 of this bill would amend ABCL § 76-a(2)(f) to allow farm
wineries to operate restaurants, hotels, catering establishments and
other food and drinking establishments at the winery.

Section 24 of this bill would repeal ABCL § 76-a(3-a) to eliminate
duplicative provisions regarding bottle sales for farm wineries.

Section 25 of this bill would amend ABCL § 76-a(8) to set minimum
production requirements of wine by a farm winery and to increase the


maximum amount of wine that can be produced by a farm winery and sets
minimum production requirements for wine.

Section 26 of this bill would provide that the hill would take effect
thirty days after it becomes law.

Existing Law:  The current statutory scheme for manufacturers is
overly restrictive. Small manufacturers are incentivized against
growing by laws that increase manufacturers' licensing fees because of
any modest increase in alcohol beverage productions. Additionally,
manufacturers are limited in their ability to market their products.

Justification:  The New York State Law Revision Commission's report on
the ABCL suggested the need for a complete revision of the laws
regarding licensed manufacturers and wholesalers. This bill addresses
some issues raised by the Commission, as well as concerns routinely
raised by manufacturers regarding the overly restrictive and confusing
laws that regulate their activities.

This bill would provide New York manufacturers with greater
opportunities to market their products by expanding the activities
that they can conduct at their facilities, including serving "by the
bottle" and "by the glass" as well as permitting small distilleries to
increase the retail outlets where they can sell, serve and offer
samples of their products. Moreover, this bill would reduce costs for
small manufacturers by permitting them to produce more of their
product at lower fees.

Legislative History: This is a new bill.

Budget Implications:  There will be a minimal loss of revenue with the
elimination of the fees associated with the numerous permits issued to
New York manufacturers anticipated to be less than $100,000 annually.

Effective Date:  This bill would take effect thirty days after it
becomes law.

2013-S7813A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7813--A

                            I N  S E N A T E

                              June 11, 2014
                               ___________

Introduced  by Sens. MARCELLINO, VALESKY, GRIFFO, RITCHIE -- (at request
  of the Governor) -- read twice and ordered printed, and  when  printed
  to  be  committed  to  the  Committee on Investigations and Government
  Operations -- 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
  licenses and permits regarding the manufacture of alcoholic beverages;
  and to repeal certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Section 51 of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 3-a to read as follows:
  3-A.  A  LICENSED BREWER MAY AT THE LICENSED PREMISES CONDUCT TASTINGS
OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED  PREMISES,
ANY  BEER  MANUFACTURED  BY  THE  LICENSEE OR ANY NEW YORK STATE LABELED
BEER. PROVIDED, HOWEVER, THAT FOR TASTINGS  AND  SALES  FOR  ON-PREMISES
CONSUMPTION,  THE  LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE
OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON  THE  PREMISES.  A
LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS
PROVISION:  (I)  SANDWICHES,  SOUPS  OR OTHER SUCH FOODS, WHETHER FRESH,
PROCESSED, PRE-COOKED OR FROZEN; AND/OR  (II)  FOOD  ITEMS  INTENDED  TO
COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVER-
SIFIED  SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF
TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE  STANDING  OR  WALKING,
INCLUDING  BUT  NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES,
BREADS, MUSTARDS AND CRACKERS.  ALL OF THE PROVISIONS  OF  THIS  CHAPTER
RELATIVE  TO  LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF
THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
  S 2. Subdivision 4 of section 51 of  the  alcoholic  beverage  control
law,  as  amended by chapter 100 of the laws of 1940, is amended to read
as follows:
  4.   A LICENSED BREWERY MAY  OPERATE  A  RESTAURANT,  HOTEL,  CATERING
ESTABLISHMENT,  OR  OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT
TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR  CONSUMP-

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

                                                           LBD12097-06-4

S. 7813--A                          2

TION ON THE PREMISES, BEER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK
STATE  LABELED BEER.   ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON  THE  PREMISES  SHALL
APPLY  SO FAR AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE licensed brewer may apply to the liquor  authority
for  a license to sell beer, wine or liquor at retail for consumption on
the premises [in a restaurant owned by him and conducted and operated by
him in or adjacent to the brewery for which  he  is  licensed]  AT  SUCH
ESTABLISHMENT.  All  of  the  provisions  of  this  chapter  relative to
licenses to sell beer, wine or liquor at retail for consumption  on  the
premises shall apply so far as applicable to such application.
  S  3.  Paragraphs  (b) and (d) of subdivision 6-a of section 51 of the
alcoholic beverage control law are REPEALED.
  S 4. Section 51 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  A BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER ANNUAL-
LY.
  S 5. Paragraph (g) of subdivision 2 of section 51-a of  the  alcoholic
beverage  control  law,  as added by chapter 108 of the laws of 2012, is
amended to read as follows:
  (g) [sell and conduct tastings of beer and cider manufactured  by  the
licensee or any other licensed farm brewery at retail for consumption on
the  premises of a restaurant, conference center, inn, bed and breakfast
or hotel business owned and operated by the licensee in or  adjacent  to
its  farm  brewery.  A  licensee  who  operates a restaurant, conference
center, inn, bed and breakfast or hotel pursuant to such authority shall
comply with all applicable provisions of this chapter  which  relate  to
licenses to sell beer at retail for consumption on the premises] OPERATE
A  RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING
ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL  AT  SUCH
PLACE,  AT  RETAIL FOR CONSUMPTION ON THE PREMISES, BEER AND CIDER MANU-
FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER OR NEW YORK
STATE LABELED CIDER.  ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE  TO
LICENSES  TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES
SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW,  THE  LICENSED  FARM BREWERY MAY APPLY TO THE
AUTHORITY FOR A LICENSE UNDER  THIS  CHAPTER  TO  SELL  OTHER  ALCOHOLIC
BEVERAGES  AT  RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH-
MENT;
  S 6. Subdivision 10 of section 51-a of the alcoholic beverage  control
law,  as added by chapter 108 of the laws of 2012, is amended to read as
follows:
  10. (A) No farm brewery shall manufacture in excess of [sixty]  SEVEN-
TY-FIVE thousand finished barrels of beer AND CIDER annually.
  (B)  A  FARM  BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER
AND CIDER ANNUALLY.
  S 7. Section 52 of the alcoholic beverage control law is REPEALED.
  S 8. Paragraph (a) of subdivision 1 of section  56  of  the  alcoholic
beverage  control law, as amended by chapter 108 of the laws of 2012, is
amended to read as follows:
  (a) four thousand dollars for a brewer's license,  unless  the  annual
production  of  the  brewer  is  less than [sixty] SEVENTY-FIVE thousand
barrels per year, in which case the annual fee shall  be  three  hundred
twenty dollars;
  S  9.  Section  58 of the alcoholic beverage control law is amended by
adding a new subdivision 5 to read as follows:

S. 7813--A                          3

  5. A CIDER PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF  CIDER
ANNUALLY.
  S  10.  Paragraphs (d) and (e) of subdivision 2 of section 58-c of the
alcoholic beverage control law are REPEALED.
  S 11. Paragraph (f) of subdivision 2 of section 58-c of the  alcoholic
beverage  control  law,  as added by chapter 384 of the laws of 2013, is
amended to read as follows:
  (f) [sell and conduct tastings of cider manufactured by  the  licensee
or any other licensed farm cidery at retail for consumption on the prem-
ises of a restaurant, conference center, inn, bed and breakfast or hotel
business  owned  and operated by the licensee in or adjacent to its farm
cidery. A licensee who operates a restaurant,  conference  center,  inn,
bed  and breakfast or hotel pursuant to such authority shall comply with
all applicable provisions of this chapter which relate  to  licenses  to
sell  cider  at  retail  for  consumption  on  the  premises] (I) AT THE
LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR  CONSUMP-
TION  ON  OR  OFF  THE  LICENSED PREMISES, ANY CIDER MANUFACTURED BY THE
LICENSEE OR ANY NEW YORK STATE LABELED  CIDER.  PROVIDED,  HOWEVER,  FOR
TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGU-
LARLY  KEEP  FOOD  AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS
FOR CONSUMPTION ON THE PREMISES.  A  LICENSEE  PROVIDING  THE  FOLLOWING
SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (A) SANDWICHES, SOUPS
OR  OTHER  SUCH  FOODS,  WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN;
AND/OR (B) FOOD ITEMS INTENDED TO COMPLEMENT THE  TASTING  OF  ALCOHOLIC
BEVERAGES,  WHICH  SHALL  MEAN  A  DIVERSIFIED SELECTION OF FOOD THAT IS
ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY
CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEES-
ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND  CRACKERS.  ALL
OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES SELLING CIDER AT
RETAIL  SHALL  APPLY;  AND  (II)  OPERATE  A RESTAURANT, HOTEL, CATERING
ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN  OR  ADJACENT
TO  THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP-
TION ON THE PREMISES, CIDER MANUFACTURED BY THE  LICENSEE  AND  ANY  NEW
YORK STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE
TO LICENSEES TO SELLING CIDER AT RETAIL SHALL APPLY. NOTWITHSTANDING ANY
OTHER  PROVISION  OF  LAW,  THE  LICENSED  FARM  CIDERY MAY APPLY TO THE
AUTHORITY FOR A LICENSE UNDER  THIS  CHAPTER  TO  SELL  OTHER  ALCOHOLIC
BEVERAGES  AT  RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH-
MENT;
  S 12. Subdivision 10 of section 58-c of the alcoholic beverage control
law, as added by chapter 384 of the laws of 2013, is amended to read  as
follows:
  10.  (A)  No  farm  cidery  shall  manufacture  in excess of [one] TWO
hundred fifty thousand gallons of cider annually.
  (B) A LICENSED FARM CIDERY SHALL PRODUCE AT  LEAST  FIFTY  GALLONS  OF
CIDER ANNUALLY.
  S  13. Subdivision 1-a of section 61 of the alcoholic beverage control
law, as amended by chapter 384 of the laws of 2013, is amended  to  read
as follows:
  1-a.  A class A-1 distiller's license shall authorize the holder ther-
eof  to  operate a distillery which has a production capacity of no more
than [thirty-five] SEVENTY-FIVE thousand gallons per year for the  manu-
facture  of  liquors  by  distillation or redistillation at the premises
specifically designated in  the  license.  Such  a  license  shall  also
authorize  the  sale in bulk by such licensee from the licensed premises
of the products manufactured under such license to any person holding  a

S. 7813--A                          4

winery  license,  farm  winery  license,  distiller's class A license, a
distiller's class B license or a permittee engaged in the manufacture of
products which are unfit for beverage use. It shall also  authorize  the
sale from the licensed premises and from one other location in the state
of  New  York of liquors manufactured by such licensee to a wholesale or
retail liquor licensee or permittee in sealed  containers  of  not  more
than  one  quart  each. In addition, it shall authorize such licensee to
sell from the licensed premises  New  York  state  labelled  liquors  to
licensed  farm  wineries,  farm  breweries,  farm  distilleries and farm
cideries in sealed containers of not more than one quart for retail sale
for off-premises consumption.  Such license shall also include the priv-
ilege to operate a rectifying plant under the same terms and  conditions
as  the holder of a class B-1 distiller's license without the payment of
any additional fee.
  S 14. Subdivision 2-b of section 61 of the alcoholic beverage  control
law,  as  amended by chapter 571 of the laws of 2008, is amended to read
as follows:
  2-b. A class B-1 distiller's license shall authorize the holder there-
of to operate a rectifying plant which has a production capacity  of  no
more  than  [thirty-five] SEVENTY-FIVE thousand gallons per year for the
manufacture of the products of rectification by purifying  or  combining
alcohol,  spirits,  wine, or beer and the manufacture of cordials by the
redistillation of alcohol or spirits over or with any materials. Such  a
license  shall  also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this  chap-
ter  for  wholesale  liquor  licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and  regulation  of  any  other
state,  territorial  possession  of the United States or foreign country
liquor received in bulk by such wholesalers from other states,  territo-
rial  possessions  of  the  United  States  or a foreign country, and to
rebottle or recondition for wholesale liquor or wine  licensees  or  for
persons  authorized  to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession  of  the
United  States  or  foreign country, liquor or wine manufactured outside
the state, which was purchased  and  received  by  such  wholesalers  in
sealed  containers  not  exceeding  one  quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale  from
the licensed premises of the products manufactured by such licensee to a
wholesale  or  retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to  sell  from
the  licensed  premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
  S 15. Paragraph (e) 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:
  (e) Notwithstanding any other provision of law to  the  contrary,  the
holder  of  a  farm distillery license may [apply to the authority for a
license to sell beer, wine and liquor for consumption on the premises in
a restaurant operated on or adjacent to the  licensed  farm  distillery.
All  the  provisions of this chapter relative to licensees to sell beer,
wine or liquor at retail for consumption on the premises shall apply  so
far  as applicable to such application.] (I) SELL AT RETAIL FOR CONSUMP-
TION ON THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY  THE  LICENSEE
OR  ANY  NEW  YORK STATE LABELED LIQUOR. PROVIDED, HOWEVER, THE LICENSEE

S. 7813--A                          5

SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE  TO  ITS  RETAIL
CUSTOMERS  FOR  CONSUMPTION  ON  THE  PREMISES. A LICENSEE PROVIDING THE
FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: SANDWICHES,
SOUPS  OR  OTHER  SUCH  FOODS,  WHETHER  FRESH, PROCESSED, PRE-COOKED OR
FROZEN; AND/OR FOOD ITEMS INTENDED TO COMPLIMENT THE TASTING OF ALCOHOL-
IC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD  THAT  IS
ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY
CONSUMED  WHILE  STANDING  OR  WALKING,  INCLUDING  BUT  NOT LIMITED TO:
CHEESE, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS  AND  CRACKERS.
ALL  OF  THE  PROVISIONS  OF  THIS  CHAPTER RELATIVE TO LICENSES TO SELL
LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO  FAR  AS
APPLICABLE TO SUCH LICENSEE; AND
  (II)  OPERATE  A  RESTAURANT,  HOTEL, CATERING ESTABLISHMENT, OR OTHER
FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED  PREMISES
AND  SELL  AT  SUCH  PLACE,  AT  RETAIL FOR CONSUMPTION ON THE PREMISES,
LIQUOR MANUFACTURED BY THE LICENSEE  AND  ANY  NEW  YORK  STATE  LABELED
LIQUOR.    ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO
SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR
AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING ANY OTHER PROVISION  OF
LAW,  THE  LICENSEE  MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS
CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR  CONSUMPTION  ON
THE PREMISES AT SUCH ESTABLISHMENT.
  S  16. Paragraph (f) 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:
  (f) No holder of a farm distillery license shall manufacture in excess
of  [thirty-five]  SEVENTY-FIVE  thousand gallons of liquor annually. In
the case of the holder of a class  A,  A-1,  B,  B-1  or  C  distiller's
license  who operates a farm distillery on the same premises, the liquor
manufactured pursuant to  the  farm  distillery  license  shall  not  be
considered  with  respect  to  any  limitation on the volume that may be
manufactured by the class A, A-1, B, B-1 or C distillery.
  S 17. Subdivision 2-c of section 61 of the alcoholic beverage  control
law is amended by adding a new paragraph (g) to read as follows:
  (G)  THE HOLDER OF A LICENSE ISSUED UNDER THIS SUBDIVISION MAY OPERATE
UP TO ONE BRANCH OFFICE LOCATED AWAY FROM THE LICENSED FARM  DISTILLERY.
SUCH  LOCATION SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED  AT  AND  LIMITED  TO  THE  FARM  DISTILLERY  MAY  BE
CONDUCTED  AT THE BRANCH OFFICE. SUCH BRANCH OFFICE SHALL NOT BE LOCATED
WITHIN, SHARE A COMMON ENTRANCE AND EXIT  WITH,  OR  HAVE  ANY  INTERIOR
ACCESS  TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCO-
HOLIC BEVERAGES AT RETAIL.  PRIOR TO COMMENCING OPERATION  OF  ANY  SUCH
BRANCH  OFFICE,  THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION
OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPER-
ATION OF SAME.
  S 18. Section 61 of the alcoholic beverage control law is  amended  by
adding a new subdivision 7 to read as follows:
  7.  ANY  PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF LIQUOR PER YEAR.
  S 19. Subdivision 4 of section 76 of the  alcoholic  beverage  control
law,  as  amended by chapter 221 of the laws of 2011, is amended to read
as follows:
  4. A licensed winery may [apply to the liquor authority for a  license
to  sell  wine  at  retail  for  consumption  on  the  premises. All the
provisions of this chapter relative to licenses to sell wine  at  retail
for consumption on the premises shall apply so far as applicable to such

S. 7813--A                          6

application]  AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT
RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY WINE OR WINE
PRODUCT MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED  WINE
OR NEW YORK STATE LABELED WINE PRODUCT.  PROVIDED, HOWEVER, FOR TASTINGS
AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP
FOOD  AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMP-
TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED
IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR  OTHER  SUCH
FOODS,  WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD
ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC  BEVERAGES,  WHICH
SHALL  MEAN  A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED
WITHOUT THE USE OF TABLEWARE AND  CAN  BE  CONVENIENTLY  CONSUMED  WHILE
STANDING  OR  WALKING,  INCLUDING  BUT  NOT LIMITED TO: CHEESES, FRUITS,
VEGETABLES, CHOCOLATES, BREADS, MUSTARDS  AND  CRACKERS.    ALL  OF  THE
PROVISIONS  OF  THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES SHALL APPLY SO FAR AS  APPLICABLE
TO SUCH LICENSEE.
  S  20. Subdivision 4-a of section 76 of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended  to  read
as follows:
  4-a. [Notwithstanding any other provision of law, any winery, licensed
pursuant  to subdivision four of this section to sell wine at retail for
consumption on the premises in  a  restaurant  in  or  adjacent  to  the
winery,  may  apply  to the liquor authority for a license to sell beer,
wine or liquor at retail for consumption on the premises of such restau-
rant. All of the provisions of this chapter relative to licenses to sell
beer, wine or liquor at retail for consumption  on  the  premises  shall
apply  so  far  as applicable to such application] A LICENSED WINERY MAY
OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER  FOOD  AND
DRINKING  ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL
AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE AND  WINE
PRODUCTS  MANUFACTURED  BY  THE  LICENSEE AND ANY NEW YORK STATE LABELED
WINE OR NEW YORK STATE LABELED WINE PRODUCT.  ALL OF THE  PROVISIONS  OF
THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION
ON  THE  PREMISES  SHALL  APPLY  SO  FAR AS APPLICABLE TO SUCH LICENSEE.
NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  LICENSED  WINERY  MAY
APPLY  TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER
TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES AT SUCH ESTABLISHMENT.
  S 21. Subdivision 10 of section 76 of the alcoholic  beverage  control
law,  as added by chapter 221 of the laws of 2011, is amended to read as
follows:
  10. Notwithstanding any provision of this chapter to the contrary, and
upon payment to the liquor authority of an additional annual fee of  one
hundred  twenty-five dollars, the liquor authority may in its discretion
and upon such terms and conditions as  it  may  prescribe,  issue  to  a
licensed winery upon application therefor a certificate authorizing such
winery to sell wine at retail in sealed containers to a regularly organ-
ized   church,  synagogue  or  religious  organization  for  sacramental
purposes[, and to a householder for consumption in his home].
  S 22. Section 76 of the alcoholic beverage control law is  amended  by
adding a new subdivision 14 to read as follows:
  14.  ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF WINE PER YEAR.

S. 7813--A                          7

  S 23. Paragraph (f) of subdivision 2 of section 76-a of the  alcoholic
beverage  control  law,  as added by chapter 221 of the laws of 2011, is
amended to read as follows:
  (f)  [sell wine at retail for consumption on the premises of a restau-
rant, conference center, inn, bed and breakfast or hotel business  owned
and operated by the licensee in or adjacent to the farm winery for which
the  licensee is licensed. A licensee who operates a restaurant, confer-
ence center, inn, bed and breakfast or hotel pursuant to such  authority
shall comply with all applicable provisions of this chapter which relate
to  licenses  to  sell  wine  at retail for consumption on the premises]
OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER  FOOD  AND
DRINKING  ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL
AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE  PREMISES,  WINE,  CIDER
AND  WINE  PRODUCTS  MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE
LABELED WINE, NEW YORK STATE LABELED CIDER OR  NEW  YORK  STATE  LABELED
WINE  PRODUCT.    ALL  OF  THE  PROVISIONS  OF  THIS CHAPTER RELATIVE TO
LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON  THE  PREMISES  SHALL
APPLY  SO FAR AS APPLICABLE TO SUCH LICENSEE.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY  FOR  A
LICENSE  UNDER  ARTICLE  FOUR  OF  THIS  CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT  SUCH  ESTABLISH-
MENT.
  S  24.  Subdivision  3-a  of  section  76-a  of the alcoholic beverage
control law is REPEALED.
  S 25. Subdivision 8 of section 76-a of the alcoholic beverage  control
law,  as amended by chapter 147 of the laws of 1988 and as renumbered by
chapter 221 of the laws of 2011, is amended to read as follows:
  8. (A) No licensed farm winery shall manufacture in  excess  of  [one]
TWO hundred fifty thousand finished gallons of wine annually.
  (B)  ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF WINE PER YEAR.
  S 26. This act shall take effect on the thirtieth day after  it  shall
have become a law.

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Senate Bill S7813A

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Archive: Last Bill Status Via A10122 - Signed by Governor

Bill Amendments

co-Sponsors

2013-S7813 - Details

2013-S7813 - Summary

2013-S7813 - Sponsor Memo

2013-S7813 - Bill Text download pdf

co-Sponsors

2013-S7813A (ACTIVE) - Details

2013-S7813A (ACTIVE) - Summary

2013-S7813A (ACTIVE) - Sponsor Memo

2013-S7813A (ACTIVE) - Bill Text download pdf

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