S T A T E O F N E W Y O R K
________________________________________________________________________
5427
2019-2020 Regular Sessions
I N S E N A T E
April 30, 2019
___________
Introduced by Sens. KAPLAN, LITTLE -- read twice and ordered printed,
and when printed to be committed to the Committee on Commerce, Econom-
ic Development and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
expanding the amount of barrels that a restaurant brewer may sell at
retail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 5, 12, 13, 14, 15, 16, 17, 18 and 19 of
section 64-c of the alcoholic beverage control law, subdivision 5 as
amended by chapter 366 of the laws of 2012, subdivisions 12, 13, 14, 15
and 16 as added by chapter 538 of the laws of 1997, subdivision 17 as
added by chapter 562 of the laws of 2006, subdivision 18 as added by
chapter 181 of the laws of 2008 and subdivision 19 as added by chapter
318 of the laws of 2016, are amended to read as follows:
5. Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant and
sell liquor at retail to be consumed on the premises specifically
licensed. Such license shall also be deemed to include a license to:
(a) sell wine and beer at retail to be consumed under the same terms
and conditions, without the payment of any additional fee; and
(b) sell beer brewed on the premises to other retail licensees, where
such license is held by the same person holding the restaurant-brewer
license, or to commonly owned affiliate licenses, provided that such
beer is sold through a New York state licensed beer wholesaler.
(C) SELL, IN THE AGGREGATE, NO MORE THAN TWO THOUSAND BARRELS OF BEER
BREWED ON THE PREMISES TO OTHER RETAIL LICENSEES, WHERE SUCH OTHER
RETAIL LICENSEES ARE NOT HELD BY THE SAME PERSON HOLDING THE RESTAU-
RANT-BREWER LICENSES OR ARE NOT COMMONLY OWNED AFFILIATE LICENSES,
PROVIDED THAT SUCH BEER IS SOLD THROUGH A NEW YORK STATE LICENSED BEER
WHOLESALER;
(D) SELL, IN THE AGGREGATE, NO MORE THAN TWO THOUSAND BARRELS OF BEER
BREWED ON THE LICENSED PREMISES AT RETAIL TO A PERSON FOR CONSUMPTION IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01446-01-9
S. 5427 2
THEIR HOME AND AT RETAIL IN BULK BY THE KEG, CASK OR BARREL FOR CONSUMP-
TION AND NOT FOR RESALE.
[12. The liquor authority may in its discretion and upon such terms
and conditions as it may prescribe, issue to a licensed restaurant-brew-
er upon his application therefor a supplemental license authorizing the
restaurant-brewer to sell beer brewed on the licensed premises at retail
to a person for consumption in his home, at retail in bulk by the keg,
cask or barrel for consumption and not for resale at a clambake, barbe-
cue, picnic, outing or other similar outdoor gathering at which more
than fifty persons are assembled and at wholesale. Such additional
license shall permit the sale of up to two hundred fifty barrels of beer
per year. No person, who holds multiple licenses under this section and
applies for and receives multiple supplemental licenses, may sell, under
those supplemental licenses, in the aggregate more than one thousand
barrels of beer per year.
13. For the exercise of the privilege granted by such supplemental
license issued under subdivision twelve of this section there is
assessed a fee to be paid by the licensee in the sum of eleven hundred
twenty-five dollars per three-year period plus a one hundred dollar
filing fee and which fee shall be in addition to the fee provided for in
this section for a restaurant-brewer license.
14. An application for a supplemental license under subdivision thir-
teen of this section shall be in such form and shall contain such infor-
mation as shall be required by the liquor authority and shall be accom-
panied by a check or draft in the amount required by subdivision
thirteen of this section.
15.] 12. The fee for an original and a renewal restaurant-brewer
license shall be fifty-eight hundred fifty dollars in the counties of
New York, Kings, Bronx and Queens; forty-three hundred fifty dollars in
the county of Richmond and in cities having a population of more than
one hundred thousand and less than one million; thirty-six hundred
dollars in cities having a population of more than fifty thousand and
less than one hundred thousand; and the sum of twenty-eight hundred
fifty dollars elsewhere. Said license shall run for a period of three
years. In addition to the license fees provided for in this subdivision,
there shall be paid to the authority with each initial application a
filing fee of two hundred dollars and with each renewal application a
filing fee of one hundred dollars.
[16. A restaurant-brewer license issued under this section and a
supplemental license issued under this section shall run concurrently.
17.] 13. (a) A licensee or his or her employee may serve small samples
of beer or malt beverages he or she produces at their licensed estab-
lishments.
(b) Each serving at such tasting shall be served only by the brewer or
his or her 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.
(c) The authority is authorized and directed to promulgate such rules
and regulations, 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.
[18.] 14. Notwithstanding the provisions of subdivision six of this
section or of subdivision thirteen of section one hundred six of this
chapter, the authority may issue a restaurant brewer's license pursuant
to this section for a premises which shall be located wholly within the
S. 5427 3
town of Ulster, county of Ulster, state of New York, bounded and
described as follows:
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Ulster, County of Ulster and the State of New York, bounded and
described as follows:
BEGINNING at a point on the Northeasterly side of City View Terrace,
said point being the Westerly corner of the lands of the State of New
York and a Southwesterly corner of the herein described parcel; THENCE
from said point of beginning along the Northeasterly side of City View
Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet to a
point on the Southeasterly side of Forest Hill Drive; THENCE along the
Southeasterly side of Forest Hill Drive the following course and
distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a
point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
to a point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40
feet to a point; THENCE North 62 degrees 37 minutes 26 seconds East;
115.94 feet to a point; THENCE North 79 degrees 39 minutes 26 seconds
East, 47.82 feet to a point; THENCE North 45 degrees 16 minutes 41
seconds East, 63.33 feet to a recovered bar; THENCE along the bounds of
lands of now or formerly Skytop Village Associates, L. 1916-P. 134, the
following courses and distances, South 37 degrees 08 minutes 02 seconds
East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
02 seconds East, 90.63 feet to a point; THENCE North 77 degrees 23
minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
degrees 29 minutes 58 seconds East, 297.09 feet to a recovered bar;
THENCE South 63 degrees 30 minutes 02 seconds East, 108.50 feet to a
recovered bar; THENCE along the bounds of lands of now or formerly
Robert D. Sabino, L. 1487-P. 397, and along a stone wall, South 32
degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE leav-
ing said stone and along the bounds of lands of now or formerly Stanley
Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds West,
264.62 feet to a point; THENCE along the bounds of lands of Summit Prop-
erties, LLC, L. 2856-P. 82, the following courses and distances, North
41 degrees 29 minutes 34 seconds West, 50.00 feet to a point; THENCE
South 71 degrees 10 minutes 26 seconds West, 89.84 feet to a point;
THENCE South 59 degrees 51 minutes 26 seconds West, 251.72 feet to a
point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20 feet to
a point; THENCE along the bounds of lands of said State of New York, the
following courses and distances, North 56 degrees 41 minutes 34 seconds
West, 168.79 feet to a point; THENCE North 75 degrees 51 minutes 34
seconds West, 254.10 feet to the point and place of beginning. Being the
same premises as conveyed to Skytop Motel, LLC by deed of Stewart Title,
as agent of the grantor, Skytop Motel, Inc., dated April 29, 2003 and
recorded in the office of the Ulster County Clerk on June 10, 2003 as
document no. 2003-00016207, Receipt no. 48178, Bk-D VI-3621, pg-171.
[19.] 15. Notwithstanding the provisions of subdivision six of this
section or of subdivision thirteen of section one hundred six of this
chapter, the authority may issue a restaurant brewer's license pursuant
to this section for a premises which shall be located wholly within the
city of Peekskill, county of Westchester, state of New York, bounded and
described as follows:
Any such premises or business located on all that certain parcel of
land situate in the City of Peekskill, County of Westchester and State
of New York, that is a portion of Parcel I as it is shown on that
S. 5427 4
certain map entitled, "Survey . . at Charles Point . . " which was filed
in the Westchester County Clerk's Office on October 23, 1980 as Map No.
20407 that is bounded and described as follows:
BEGINNING at a point on the easterly shoreline of the Hudson River and
within the bounds of the said Parcel I as it is shown on the said Filed
Map NO. 20407, which point occupies coordinate position:
North 464418.83 (y)
East 607401.00 (x)
of the New York State Coordinate System, East Zone and which point is
distant, the following courses from the southerly corner of the Parcel
shown on Map No. 20407 that occupies coordinate position
North 463520.804 (y)
East 608470.681 (x)
of the aforesaid New York State Coordinate System, East Zone:
North 47 degrees 30' 36" West 856.60 feet,
North 77 degrees 10' 53" West 488.18 feet,
North 41 degrees 17' 53" West 113.32 feet and
North 41 degrees 50' 16" East 169.08 feet;
THENCE from the said point of beginning along the said easterly shore-
line (high water mark) of the east bank of the Hudson River:
Due North 16.17 feet,
North 53 degrees 58' 22" West 13.60 feet,
North 73 degrees 04' 21" West 24.04 feet,
North 63 degrees 26' 06" West 22.36 feet,
North 82 degrees 18' 14" West 37.34 feet,
North 64 degrees 47' 56" West 37.58 feet,
South 82 degrees 52' 30" West 16.12 feet,
North 61 degrees 41' 57" West 14.76 feet and
South 21 degrees 48' 05" West 9.71 feet;
THENCE leaving the high water mark and running across a peninsula of
land and along the division line between Parcel I and Parcel II as shown
on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
another point on the said easterly shoreline (high water mark) of the
East Bank of the Hudson River;
THENCE northerly along the said high water mark, the following cours-
es:
North 3 degrees 00' 46" West 17.54 feet,
North 13 degrees 45' 39" West 50.45 feet,
North 10 degrees 49' 23" West 69.23 feet,
North 0 degrees 47' 22" West 52.48 feet to a point which is the point
of beginning of the hereinafter described 40 foot easement which point
occupies coordinate position
North 464676.48 (y)
East 607189.28 (x)
of the New York State Coordinate System, East Zone;
THENCE continuing along the aforesaid easterly shoreline (high water
mark) of the East Bank of the Hudson, the following courses:
North 10 degrees 18' 17" West 23.91 feet,
North 39 degrees 04' 58" West 21.39 feet,
North 20 degrees 13' 30" West 21.74 feet,
North 39 degrees 02' 08" West 95.27 feet,
North 13 degrees 08' 02" West 30.81 feet,
North 18 degrees 26' 06" West 53.76 feet,
North 28 degrees 10' 43" West 63.53 feet,
North 18 degrees 26' 06" West 50.60 feet,
North 37 degrees 14' 05" West 31.40 feet,
S. 5427 5
North 21 degrees 15' 02" West 96.57 feet,
North 32 degrees 00' 19" West 47.17 feet,
North 1 degree 18' 07" West 44.01 feet and
North 17 degrees 14' 29" East 29.32 feet to a point on the southerly
line of lands under lease to the County of Westchester (Resco Site);
THENCE along the said County of Westchester (Resco Site) lands: Due
East 432.31 feet to a point on the westerly line of an easement and a
right-of-way leading to Charles Point Avenue;
THENCE along the said westerly and southwesterly line of the said
right-of-way leading to Charles Point Avenue: Due South 241.16 feet and
South 27 degrees 13' 00" East 406.90 feet to a point;
THENCE leaving the said easement and running along other lands now or
formerly of The City of Peekskill Industrial Development Agency, South
41 degrees 50' 16" West 270.01 feet to the aforementioned easterly
shoreline (high water mark) of the East Bank of the Hudson River and the
point or place of beginning.
TOGETHER with an easement over all that parcel of land situate in the
City of Peekskill, County of Westchester and State of New York that is
more particularly bounded and described as follows:
BEGINNING at a point on the westerly line of Charles Point Avenue with
the said westerly line is intersected by the line dividing the easement
herein described on the south from lands under lease to the County of
Westchester (Resco Site) on the north which point occupies coordinate
position:
North 464719.99 (y)
East 608004.15 (x)
of the New York State Coordinate System, East Zone;
THENCE from the said point of beginning southerly along the said
westerly line of Charles Point Avenue, South 14 degrees 54' 00" West
103.48 feet to a point;
THENCE westerly along other lands of the City of Peekskill Industrial
Development Agency: Due West 396.44 feet to a point which is the easter-
ly most corner of the lands of Point Associates, the grantee herein;
THENCE along the northeasterly line of the said Point Associates'
land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16
feet to a point on the southerly line of the aforementioned lands leased
to the County of Westchester (Resco Site);
THENCE easterly along the said southerly line Due East 75.00 feet to a
point;
THENCE southeasterly and easterly still along the said lands leased to
the County of Westchester (Resco Site) the following courses:
Due South 223.00 feet,
South 27 degrees 13' 00" East 314.87 feet and
Due East 390.14 feet to the aforementioned westerly line of Charles
Point Avenue and the point or place of BEGINNING.
TOGETHER WITH a non-exclusive easement for utilities, and ingress and
egress over that certain right of way leading from Charles Point Avenue,
now known as John E. Walsh Boulevard, in a westerly and northwesterly
direction to the above described premises and as more fully described in
the Declaration of Easement recorded in Liber 8888 cp 35.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
