S T A T E O F N E W Y O R K
________________________________________________________________________
704
2009-2010 Regular Sessions
I N S E N A T E
January 13, 2009
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Introduced by Sens. LARKIN, BONACIC, FLANAGAN, LEIBELL, MORAHAN, SALAND,
SEWARD, WINNER, YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the sale of wine produced by farm or special wineries or
micro-wineries at licensed roadside farm markets
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 27-a to read as follows:
27-A. "ROADSIDE FARM MARKET" MEANS ANY RETAILER AUTHORIZED TO SELL NEW
YORK STATE LABELLED WINE PURSUANT TO SECTION SEVENTY-SIX-G OF THIS CHAP-
TER.
S 2. Subdivision 3 of section 17 of the alcoholic beverage control
law, as separately amended by section 1 of part L of chapter 62 and
chapter 522 of the laws of 2003, 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 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-G, seventy-nine, eighty-one, and eighty-one-a
of this chapter, 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, seventy-six-f, and seventy-eight of this chapter,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05399-01-9
S. 704 2
provided that the civil penalty 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 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 impend-
ing 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 judg-
ment by default will be entered in the supreme court of the county in
which the licensed premises are located, or other court of civil juris-
diction, 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 judgment. If full payment shall not have been
received by the division within 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 3. Subdivision 4 of section 75 of the alcoholic beverage control
law, as amended by chapter 275 of the laws of 1976, is amended and a new
subdivision 5 is added to read as follows:
4. License to sell wine at retail for consumption on the premises[.];
5. ROADSIDE FARM MARKET LICENSE.
S 4. Section 76-a of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A FARM WINERY
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFACTURED OR
PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO SECTION
SEVENTY-SIX-G OF THIS ARTICLE.
S 5. Section 76-c of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A SPECIAL
WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFAC-
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TURED OR PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO
SECTION SEVENTY-SIX-G OF THIS ARTICLE.
S 6. Section 76-f of the alcoholic beverage control law is amended by
adding a new subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A MICRO-WINERY
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFACTURED OR
PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO SECTION
SEVENTY-SIX-G OF THIS ARTICLE.
S 7. The alcoholic beverage control law is amended by adding a new
section 76-g to read as follows:
S 76-G. ROADSIDE FARM MARKET LICENSE. 1. ANY PERSON OWNING OR OPERAT-
ING A ROADSIDE FARM MARKET MAY APPLY TO THE LIQUOR AUTHORITY FOR A ROAD-
SIDE FARM MARKET LICENSE TO SELL WINE PURSUANT TO THIS SECTION. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED, AND SHALL CONTAIN SUCH
INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE AND SHALL BE ACCOMPA-
NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR
SUCH LICENSE. IF THE LIQUOR AUTHORITY SHALL GRANT THE APPLICATION, IT
SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES,
AND THE LICENSE SHALL REMAIN IN EFFECT FOR ONE YEAR.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ROADSIDE FARM MARKET"
MEANS A BUILDING OR STRUCTURE LOCATED ON A FARM OPERATION, AS DEFINED IN
SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS LAW, EXCEPT FOR A COMMERCIAL HORSE BOARDING OPERATION, IN WHICH
NEW YORK AGRICULTURAL PRODUCTS ARE PRIMARILY SOLD BY PRODUCERS, GROWERS
OR FARMERS OF SUCH AGRICULTURAL PRODUCTS TO THE GENERAL PUBLIC, AND THE
TERM "NEW YORK AGRICULTURAL PRODUCT" MEANS ANY AGRICULTURAL OR AQUACUL-
TURAL PRODUCT OF THE SOIL OR WATER THAT HAS BEEN GROWN, HARVESTED OR
PRODUCED WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS, VEGETA-
BLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY
PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS,
PRESERVES, MAPLE SAP PRODUCTS, APPLE CIDER, FRUIT JUICE, AND CHRISTMAS
TREES.
3. A ROADSIDE FARM MARKET LICENSE SHALL AUTHORIZE THE HOLDER THEREOF
TO SELL WINE MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARM OR
SPECIAL WINERIES OR MICRO-WINERIES THAT ARE LOCATED WITHIN TWENTY MILES
OF THE ROADSIDE FARM MARKET BY THE BOTTLE FOR OFF-PREMISES CONSUMPTION;
PROVIDED THAT SUCH MARKET'S OWNER, OPERATOR OR REPRESENTATIVE SHALL BE
PRESENT AT ALL TIMES DURING WHICH WINE IS BEING OFFERED FOR SALE. SUCH
MARKET SHALL BE DEEMED TO POSSESS A WAREHOUSE PERMIT AND BE PERMITTED TO
WAREHOUSE UP TO TWENTY CASES OF WINE; PROVIDED THAT SUCH MARKET SHALL
ABIDE BY ALL RULES AND REGULATIONS PROMULGATED PURSUANT TO SECTION NINE-
TY-SIX OF THIS CHAPTER AND ANY OTHER RULES AND REGULATIONS PROMULGATED
BY THE LIQUOR AUTHORITY TO IMPLEMENT THE PROVISIONS OF THIS SECTION TO
ENSURE THAT WINE STORED OR KEPT BY SUCH MARKET IS SEGREGATED AND KEPT IN
A SAFE AND SECURE LOCATION WHEN SUCH MARKET IS CLOSED FOR BUSINESS.
4. THE SALE OF WINE PURSUANT TO THIS SECTION SHALL OCCUR ONLY WITHIN
THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FOURTEEN OF SECTION ONE
HUNDRED FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SECTION
EIGHTY OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW, NO WINE TASTINGS
SHALL BE CONDUCTED AT A ROADSIDE FARM MARKET THAT SELLS WINE FOR
OFF-PREMISES CONSUMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION.
5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 8. Section 83 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
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8. THE ANNUAL FEE FOR A ROADSIDE FARM MARKET LICENSE SHALL BE ONE
HUNDRED DOLLARS.
S 9. Subdivision 1 of section 99-d of the alcoholic beverage control
law, as amended by chapter 522 of the laws of 2003, is amended to read
as follows:
1. Before any substantial alteration to a licensed premises may be
undertaken by or on the behalf of any licensee except a micro-winery
[or], a farm winery OR A ROADSIDE FARM MARKET, the licensee shall make
an application to the liquor authority for permission to effect such
alteration. A substantial alteration shall include any enlargement or
contraction of a licensed premises whether indoors or outdoors; any
physical change that reduces the visibility that existed at the time of
licensing; any other physical changes in the interior of a licensed
premises that materially affect the character of the premises; and, in
the case of establishments licensed for consumption on the premises, any
material changes to the dining or kitchen facilities, or any change in
the size or location of any bar within the contemplation of subdivision
four of section one hundred of this chapter at which alcoholic beverages
are dispensed. A minor alteration shall be deemed to be one costing and
valued at less than ten thousand dollars, which does not materially
affect the character of the premises or the physical structure that
existed at the time of licensing. Before commencing work on the alter-
ation, any licensee other than a micro-winery [or], a farm winery OR
ROADSIDE FARM MARKET licensee, shall request permission to effect such
minor alteration and shall submit an affidavit to the liquor authority
by filing the same in person or by certified mail return receipt
requested on forms prescribed by the authority. A winery, micro-winery,
[or], farm winery OR ROADSIDE FARM MARKET licensee is not required to
obtain permission from the authority to make a minor alteration to its
premises. The affidavit shall include but not be limited to a
description of the proposed alteration, the cost and value of the alter-
ation, and the source of money making the alteration possible. Upon
receipt of such affidavit, the authority shall have twenty days in which
to review the proposed alteration and notify the licensee of any
objection to the same by certified mail return receipt requested. If no
such objection is made within such period permission shall be deemed to
have been granted. Work may commence on such alteration if no objection
is received by the twenty-fifth day after filing such affidavit. The
cost of an alteration, for purposes of this subdivision, shall be equal
to the total sum expended to complete the proposed alteration excluding
professional fees.
S 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that any and all rules and
regulations and any other measures necessary to implement any provision
of this act on its effective date may be promulgated and taken, respec-
tively, on or before the effective date of such provision.