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.