S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8652
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 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 class
   A-1 distiller's licenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1-a of section 61 of the    alcoholic  beverage
 control  law,  as amended by chapter 431 of the laws of 2014, is amended
 to read as follows:
   1-a. (A) A class A-1 distiller's license shall  authorize  the  holder
 thereof  to  operate  a distillery which has a production capacity of no
 more than seventy-five thousand gallons per year for the manufacture  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 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 AND TO SELL AT RETAIL, FOR PERSONAL USE, IN SUCH SEALED CONTAINERS.
 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 privilege 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.
   (B)  A LICENSED A-1 DISTILLERY MAY CONDUCT UPON THE LICENSED PREMISES,
 OR AT APPROVED  LOCATIONS  AS  PERMITTED  IN  SUBDIVISION  SIX  OF  THIS
 SECTION,  CONSUMER  TASTINGS  OF LIQUOR MANUFACTURED BY THE LICENSEE AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15205-03-8

 S. 8652                             2
 
 FROM NO MORE THAN THREE OTHER CLASS A, A-1, B, B-1, C OR D DISTILLERIES,
 SUBJECT TO THE FOLLOWING LIMITATIONS:
   (I)  ONLY  LIQUOR PRODUCED ON SITE OR MANUFACTURED PRIMARILY FROM FARM
 AND FOOD PRODUCTS, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO  HUNDRED
 EIGHTY-TWO  OF  THE  AGRICULTURE  AND  MARKETS LAW, SHALL BE USED IN THE
 TASTINGS;
   (II) AN OFFICIAL AGENT, SERVANT OR EMPLOYEE OF THE LICENSEE  SHALL  BE
 PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE CONSUMER TAST-
 ING OF LIQUOR;
   (III)  NO  CONSUMER  MAY BE PROVIDED, DIRECTLY OR INDIRECTLY: (A) MORE
 THAN THREE SAMPLES OF LIQUOR FOR TASTING IN ONE  CALENDAR  DAY;  OR  (B)
 WITH A SAMPLE OF LIQUOR FOR TASTING EQUAL TO MORE THAN ONE-QUARTER FLUID
 OUNCE;
   (IV)  ANY  LIABILITY  STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
 CONSUMER TASTING OF LIQUOR AUTHORIZED BY THIS PARAGRAPH AND  IN  ACCORD-
 ANCE  WITH  THE  PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL
 OBLIGATIONS LAW SHALL ACCRUE TO THE LICENSEE.
   § 2. This act shall take effect immediately.