S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5438
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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
   providing distillers with the same  privileges  currently  enjoyed  by
   other New York manufacturers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 61 of the alcoholic beverage control law is amended
 by adding a new subdivision 9 to read as follows:
   9. (A) THE HOLDER OF A LICENSE ISSUED UNDER  SUBDIVISION  ONE,  ONE-A,
 TWO,  TWO-A  OR  TWO-B  OF  THIS  SECTION MAY, AT THE LICENSED PREMISES,
 CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON  OR  OFF  THE
 LICENSED  PREMISES,  ANY  LIQUOR MANUFACTURED BY THE LICENSEE OR ANY NEW
 YORK STATE LABELED LIQUOR. 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 CUSTOMERS FOR  CONSUMP-
 TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED
 IN COMPLIANCE WITH THIS SUBDIVISION: (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.  ALL  OF  THE
 PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL LIQUOR AT RETAIL
 FOR CONSUMPTION ON AND OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE
 TO SUCH LICENSEE.
   (B)(I)  SALES FOR OFF-PREMISES CONSUMPTION MAY BE MADE ONLY TO CUSTOM-
 ERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH  SALE
 SHALL  BE  CONCLUDED  BY  THE CUSTOMER'S TAKING, WITH HIM OR HER, OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10366-01-1

 S. 5438                             2
 
 SEALED CONTAINERS PURCHASED BY THE CUSTOMER AT  THE  TIME  THE  CUSTOMER
 LEAVES THE LICENSED PREMISES.
   (II)  SALES  FOR  OFF-PREMISES CONSUMPTION SHALL NOT BE MADE WHERE THE
 ORDER IS PLACED BY LETTER,  TELEPHONE,  FAX  OR  E-MAIL,  OR  WHERE  THE
 CUSTOMER  OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYS-
 ICALLY PRESENT UPON THE PREMISES OF THE LICENSED PREMISES.
   (III) SALES FOR OFF-PREMISES CONSUMPTION SHALL NOT BE MADE  WHERE  THE
 CONTEMPLATED  SALE  REQUIRES THE LICENSEE TO TRANSPORT OR SHIP BY COMMON
 CARRIER, SEALED CONTAINERS OF LIQUOR TO A CUSTOMER.
   § 2. Section 61 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 10 to read as follows:
   10.  (A)  THE HOLDER OF A LICENSE ISSUED UNDER SUBDIVISION ONE, ONE-A,
 TWO, TWO-A, OR TWO-B OF THIS SECTION 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, LIQUOR MANUFACTURED BY THE LICENSEE AND ANY
 NEW  YORK  STATE  LABELED  LIQUOR. ALL OF THE PROVISIONS OF THIS CHAPTER
 RELATIVE TO LICENSES TO SELL LIQUOR AT RETAIL  FOR  CONSUMPTION  ON  THE
 PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  THE HOLDER OF A
 LICENSE ISSUED UNDER SUBDIVISION ONE, ONE-A, TWO, TWO-A OR TWO-B OF THIS
 SECTION MAY APPLY TO THE LIQUOR AUTHORITY FOR A LICENSE  TO  SELL  BEER,
 WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH RESTAU-
 RANT,  HOTEL,  CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTAB-
 LISHMENT.  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.
   §  3.  Paragraph (g) of subdivision 2-c of section 61 of the alcoholic
 beverage control law, as added by chapter 431 of the laws  of  2014,  is
 amended to read as follows:
   (g)  The holder of a license issued under this subdivision may operate
 up to [one] FIVE branch [office] OFFICES located away from the  licensed
 farm  distillery.  Such [location] 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 office. Such branch
 [office] OFFICES shall not be located within, share  a  common  entrance
 and  exit  with,  or  have  any  interior  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.
   § 4. Paragraphs (a) and (b) of subdivision 5 of section 101-b  of  the
 alcoholic beverage control law, as amended by chapter 522 of the laws of
 2003, are amended to read as follows:
   (a) (i) Notwithstanding any other provision of law, each such schedule
 required  by paragraph (a) of subdivision three of this section which is
 filed by a micro-winery, winery, or farm winery, OR A CLASS A,  A-1,  B,
 B-1,  C, OR D DISTILLER shall be filed annually on or before the twenty-
 fifth day of November. The prices and discounts set forth therein  shall
 become  effective  on  the  first  day of the second succeeding calendar
 month and shall remain in effect for  such  twelve  succeeding  calendar
 months,  unless  a  price change filing is made pursuant to subparagraph
 (ii) of this paragraph.
   (ii) A micro-winery, winery, or farm winery, OR A  CLASS  A,  A-1,  B,
 B-1,  C, OR D DISTILLER licensee may file a price schedule change at any
 time between the required  annual  filings.  Each  such  price  schedule

 S. 5438                             3
 
 change  shall  be  filed on or before the twenty-fifth day of each month
 for a change in prices to become effective  on  the  first  day  of  the
 second  succeeding  calendar  month and shall remain in effect until the
 effective date of the next filing.
   (b) (i) Notwithstanding any other provision of law, each such schedule
 required  by paragraph (b) of subdivision three of this section which is
 filed by a micro-winery, winery, or farm winery licensee, OR A CLASS  A,
 A-1,  B, B-1, C, OR D DISTILLER shall be filed annually on or before the
 fifth day of December. The prices and discounts set forth therein  shall
 become  effective  on  the first day of the calendar month following the
 filing thereof, and shall remain in effect for  such  twelve  succeeding
 calendar  months,  unless  a  price  change  filing  is made pursuant to
 subparagraph (ii) of this paragraph.
   (ii) A micro-winery, winery, or farm winery, OR A  CLASS  A,  A-1,  B,
 B-1,  C, OR D DISTILLER licensee may file a price schedule change at any
 time between the required  annual  filings.  Each  such  price  schedule
 change  shall  be  filed  on or before the fifth day of each month for a
 change in prices to become effective on the first day  of  the  calendar
 month  following the filing thereof and shall remain in effect until the
 effective date of the next filing.
   § 5. This act shall take effect immediately,  provided  that  for  the
 purposes  of  subparagraph  (i) of paragraph (a) and subparagraph (i) of
 paragraph (b) of subdivision 5 of section 101-b of the alcoholic  bever-
 age control law, as amended by section four of this act, the price sche-
 dule filing effective at the time this act shall have become a law shall
 be the licensee's annual filing for 2021.