NY State Senate Bill 2017-S4768A

Senate Bill S4768A

2017-2018 Legislative Session

Relates to adding koji based distilled spirits to the license to sell wine at retail for consumption on the premises

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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
Jun 20, 2018	committed to rules
Mar 15, 2018	advanced to third reading
Mar 14, 2018	2nd report cal.
Mar 13, 2018	1st report cal.636
Jan 03, 2018	referred to commerce, economic development and small business
Jun 21, 2017	committed to rules
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.813
Mar 31, 2017	print number 4768a
Mar 31, 2017	amend and recommit to commerce, economic development and small business
Feb 28, 2017	referred to commerce, economic development and small business

Votes

- Mar 13, 2018 - Commerce, Economic Development And Small Business Committee Vote
  S4768A
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Mar 13, 2018
      
      aye (8)
      
      Bailey
      
      Boyle
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Kennedy
      
      Robach
      
      Sanders Jr.
      
      aye wr (3)
      
      Felder
      
      Griffo
      
      Persaud
  May 9, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S4768A
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 9, 2017
      
      aye (8)
      
      Bailey
      
      Boyle
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Kennedy
      
      Persaud
      
      Robach
      
      aye wr (3)
      
      Felder
      
      Griffo
      
      Sanders Jr.

Bill Amendments

Original

A (Active)

2017-S4768 - Details

See Assembly Version of this Bill:: A7594
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §81, ABC L

2017-S4768 - Summary

Adds koji (a fungus) based distilled spirits to the license to sell wine at retail for consumption on the premises.

2017-S4768 - Sponsor Memo

                                 BILL NUMBER:  S4768

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to koji

 PURPOSE :

To include koji based distilled spirits among the products eligible to
sold under a license to sell wine for on premises consumption.

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision 3 of section 81 of the Alcoholic
Beverage Control law to include koji based distilled spirits within
the beverages that can be sold under a license to sell wine for on
premises consumption, along with beer and soju. Further it defines the
term "koji based distilled spirits" as "any spirit at or low than
twenty-four percent alcohol by volume, in which aspergillus oryzae, a
filamentous fungus, is utilized in the saccharification in the
production of the mash used to produce the spirit, and which has not
used germinated cereal grains that have been dried in a process known
as malting for starch conservation."

Section 2: Effective date.

 EXISTING LAW :

Currently the possessor of a license to sell wine for on premises
consumption under section 81 of the Alcoholic Beverage Control law is
also entitled to sell beer and soju as well. Soju is defined in law as
"an imported Korean alcoholic beverage that contains not more than
twenty-four per centum alcohol, by volume, and is derived from
agricultural products."

 JUSTIFICATION :

By limiting the definition of "Soju" under current law to imported
products, in state distillers are denied the opportunity to offer
their own koji based distilled spirits. With the growth of farm and
craft distilleries in recent years, it is important to ensure they are
not operating at a competitive disadvantage.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4768 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4768
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN ACT to amend the alcoholic beverage control law, in relation to koji
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of  section  81  of  the  alcoholic  beverage
 control  law,  as amended by chapter 627 of the laws of 2002, is amended
 to read as follows:
   3. Such license shall in form and in substance be  a  license  to  the
 person specifically licensed to sell wine at retail, to be consumed upon
 the  premises. Such license shall also be deemed to include a license to
 sell beer [and], soju AND KOJI BASED DISTILLED SPIRITS at retail  to  be
 consumed  under the same terms and conditions without the payment of any
 additional fee. For the purposes of this subdivision, "soju" shall  mean
 an  imported Korean alcoholic beverage that contains not more than twen-
 ty-four per centum alcohol, by volume, and is derived from  agricultural
 products, AND "KOJI BASED DISTILLED SPIRITS" SHALL MEAN ANY SPIRIT AT OR
 LOWER  THAN  TWENTY-FOUR PERCENT ALCOHOL BY VOLUME, IN WHICH ASPERGILLUS
 ORYZAE, A FILAMENTOUS FUNGUS, IS UTILIZED IN THE SACCHARIFICATION IN THE
 PRODUCTION OF THE MASH USED TO PRODUCE THE SPIRIT,  AND  WHICH  HAS  NOT
 USED GERMINATED CEREAL GRAINS THAT HAVE BEEN DRIED IN A PROCESS KNOWN AS
 MALTING FOR STARCH CONSERVATION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08309-01-7

2017-S4768A (ACTIVE) - Details

See Assembly Version of this Bill:: A7594
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §81, ABC L

2017-S4768A (ACTIVE) - Summary

Adds koji (a fungus) based distilled spirits to the license to sell wine at retail for consumption on the premises.

2017-S4768A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4768A

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
koji

 PURPOSE :

To include koji based distilled spirits among the products eligible to
sold under a license to sell wine for on premises consumption.

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision 3 of section 81 of the Alcoholic
Beverage Control law to include koji based distilled spirits within
the beverages that can be sold under a license to sell wine for on
premises consumption, along with beer and soju. Further it defines the
term "koji based distilled spirits" as "any spirit, produced by a
holder of a class D distiller's license, at or low than twenty-four
percent alcohol by volume, in which aspergillus oryzae, a filamentous
fungus, is utilized in the saccharification in the production of the
mash used to produce the spirit, and which has not used germinated
cereal grains that have been dried in a process known as malting for
starch conservation."

Section 2: Effective date.

 EXISTING LAW :

Currently the possessor of a license to sell wine for on premises
consumption under section 81 of the Alcoholic Beverage Control law is
also entitled to sell beer and soju as well. Soju is defined in law as
"an imported Korean alcoholic beverage that contains not more than
twenty-four per centum alcohol, by volume, and is derived from
agricultural products."

 JUSTIFICATION :

By limiting the definition of "Soju" under current law to imported
products, in state distillers are denied the opportunity to offer
their own koji based distilled spirits. With the growth of farm and
craft distilleries in recent years, it is important to ensure they are
not operating at a competitive disadvantage.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4768A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4768--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment  and  Small  Business  --  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 koji

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section  81 of the alcoholic beverage
 control law, as amended by chapter 627 of the laws of 2002,  is  amended
 to read as follows:
   3.  Such  license  shall  in form and in substance be a license to the
 person specifically licensed to sell wine at retail, to be consumed upon
 the premises. Such license shall also be deemed to include a license  to
 sell  beer  [and], soju AND KOJI BASED DISTILLED SPIRITS at retail to be
 consumed under the same terms and conditions without the payment of  any
 additional  fee. For the purposes of this subdivision, "soju" shall mean
 an imported Korean alcoholic beverage that contains not more than  twen-
 ty-four  per centum alcohol, by volume, and is derived from agricultural
 products, AND "KOJI BASED DISTILLED  SPIRITS"  SHALL  MEAN  ANY  SPIRIT,
 PRODUCED  BY A HOLDER OF A CLASS D DISTILLER'S LICENSE, AT OR LOWER THAN
 TWENTY-FOUR PERCENT ALCOHOL BY VOLUME, IN WHICH  ASPERGILLUS  ORYZAE,  A
 FILAMENTOUS   FUNGUS,   IS  UTILIZED  IN  THE  SACCHARIFICATION  IN  THE
 PRODUCTION OF THE MASH USED TO PRODUCE THE SPIRIT,  AND  WHICH  HAS  NOT
 USED GERMINATED CEREAL GRAINS THAT HAVE BEEN DRIED IN A PROCESS KNOWN AS
 MALTING FOR STARCH CONSERVATION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08309-02-7

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