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

                                  11393

                          I N  A S S E M B L Y

                              June 9, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger)
  --  read  once  and referred to the Committee on Economic Development,
  Job Creation, Commerce and Industry

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permits for licensed brewers

  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 9 to read as follows:
  9. (A) A LICENSED BREWER MAY OBTAIN A PERMIT TO SERVE SMALL SAMPLES OF
BEER OR MALT BEVERAGES IT PRODUCES  AT  OUTDOOR  OR  INDOOR  GATHERINGS,
FUNCTIONS, OCCASIONS OR EVENTS.
  (B)  THE  FEE  FOR  SUCH  PERMIT  SHALL BE TWENTY DOLLARS AND SHALL BE
ISSUED BY THE AUTHORITY AND DATED FOR ITS PERIOD OF USE, WHICH SHALL NOT
EXCEED THREE DAYS.
  (C) TASTINGS AT SUCH OUTDOOR OR INDOOR  GATHERINGS,  FUNCTIONS,  OCCA-
SIONS  OR  EVENTS  SHALL  BE CONDUCTED ONLY WITHIN THE HOURS FIXED BY OR
PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER,
DURING WHICH ALCOHOLIC BEVERAGES MAY BE LAWFULLY  SOLD  OR  SERVED  UPON
PREMISES  LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
IN THE COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR  OR  INDOOR
GATHERING, FUNCTION, OCCASION OR EVENT IS HELD.
  (D) EACH SERVING AT TASTINGS SHALL BE SERVED ONLY BY THE BREWER OR ITS
EMPLOYEE AND SHALL BE LIMITED TO THREE OUNCES OR LESS OF A BRAND OF BEER
OR  MALT  BEVERAGE  PRODUCED  BY THE BREWER AND NO CONSUMER OF LEGAL AGE
SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
FOR TASTING.
  (E) THE BREWER SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH SAMPLES ARE
ONLY SERVED TO INDIVIDUALS LEGALLY ELIGIBLE TO CONSUME ALCOHOLIC  BEVER-
AGES IN THIS STATE.
  (F)  THE  AUTHORITY MAY ISSUE PERMITS TO MORE THAN ONE LICENSED BREWER
FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNCTION, OCCASION OR EVENT.
  (G) SUCH PERMIT SHALL INCLUDE THE  PRIVILEGE  TO  SELL  BEER  OR  MALT
BEVERAGES  PRODUCED  BY  THE BREWER AT SUCH OUTDOOR OR INDOOR GATHERING,

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

                                                           LBD17672-01-0

A. 11393                            2

FUNCTION, OCCASION OR  EVENT,  IN  SEALED  CONTAINERS  FOR  OFF-PREMISES
CONSUMPTION.
  (H)  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM THE
SAMPLING OR SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED  BY  THIS
SUBDIVISION,  AND  IN  ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100
AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER.
  (I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS  TO
A  BREWER  TO  OBTAIN  SUCH  PERMIT, AND PROMULGATE SUCH RULES AND REGU-
LATIONS,  AS  IT  DEEMS  NECESSARY  OR  APPROPRIATE  TO  IMPLEMENT   THE
PROVISIONS OF THIS SUBDIVISION TO PROTECT THE HEALTH, SAFETY AND WELFARE
OF THE PEOPLE OF THIS STATE.
  S 2. This act shall take effect immediately.