S T A T E O F N E W Y O R K
________________________________________________________________________
7293
2023-2024 Regular Sessions
I N A S S E M B L Y
May 17, 2023
___________
Introduced by M. of A. BRONSON, LUPARDO, KELLES -- read once and
referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the manufacture of beer, spirits, cider, wine and mead at
the community college in Broome county and Cornell university, acting
on behalf of the New York state college of agriculture and life
sciences and the New York state agricultural experiment station
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 101 of the alcoholic beverage control law is
amended by adding a new subdivision 9 to read as follows:
9. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
STATE LIQUOR AUTHORITY SHALL ISSUE A LICENSE UNDER SECTION SEVENTY-SIX-A
OF THIS CHAPTER TO CORNELL UNIVERSITY ON BEHALF OF THE NEW YORK STATE
COLLEGE OF AGRICULTURE AND LIFE SCIENCES AND THE NEW YORK STATE AGRICUL-
TURAL EXPERIMENT STATION AS DEFINED IN SECTIONS FIFTY-SEVEN HUNDRED
TWELVE AND FIFTY-SEVEN HUNDRED THIRTEEN OF THE EDUCATION LAW. ISSUANCE
OF SUCH A LICENSE SHALL NOT PRECLUDE OR NULLIFY OTHER LICENSES GRANTED
TO CORNELL UNIVERSITY, WHETHER NOW OR IN THE FUTURE, IN ALL ITS
LOCATIONS IN NEW YORK STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS
CHAPTER. ISSUANCE OF SUCH A LICENSE SHALL NOT RESTRICT THE ABILITY OF
CORNELL UNIVERSITY, OR THE NEW YORK STATE COLLEGE OF AGRICULTURE AND
LIFE SCIENCES AND THE NEW YORK STATE AGRICULTURAL EXPERIMENT STATION TO
CONDUCT RESEARCH, TEACHING, EDUCATION, EXTENSION AND OUTREACH, AND
ECONOMIC DEVELOPMENT ACTIVITIES RELATED TO PRODUCTS THAT ARE NOT REGU-
LATED BY THIS CHAPTER.
(B) CORNELL UNIVERSITY, ACTING ON BEHALF OF THE NEW YORK STATE COLLEGE
OF AGRICULTURE AND LIFE SCIENCES AND THE NEW YORK STATE AGRICULTURAL
EXPERIMENT STATION MAY, BUT SHALL NOT BE REQUIRED TO, PRODUCE WINE,
BEER, DISTILLED SPIRITS, DISTILLATES, CIDER, MEAD AND OTHER FERMENTED
PRODUCTS AS A CONDITION OF SUCH LICENSE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11500-01-3
A. 7293 2
(C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, ADVI-
SORY COUNCIL MEMBER, OFFICER, OR EMPLOYEE OF, OR PURVEYOR TO, CORNELL
UNIVERSITY AND THE NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE
SCIENCES AND THE NEW YORK STATE AGRICULTURAL EXPERIMENT STATION BY
REASON OF SUCH PERSON HOLDING A LICENSE UNDER THIS SUBDIVISION, OR BEING
AFFILIATED WITH A LICENSEE UNDER THIS SUBDIVISION AS A SHAREHOLDER,
PARTNER, OFFICER, DIRECTOR, OR EMPLOYEE.
(D) NO PERSON SHALL BE DISQUALIFIED FROM BEING A DONOR, PATRON,
CONTRIBUTOR OR SPONSOR FROM TIME TO TIME OF CORNELL UNIVERSITY AND THE
NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE SCIENCES AND THE NEW YORK
STATE AGRICULTURAL EXPERIMENT STATION THROUGH CONTRIBUTIONS IN CASH OR
IN KIND, BY REASON OF SUCH PERSON HOLDING A LICENSE UNDER THIS SUBDIVI-
SION, OR BEING AFFILIATED WITH A LICENSEE UNDER THIS SUBDIVISION AS A
SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR EMPLOYEE.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
CORNELL UNIVERSITY, ACTING THROUGH THE NEW YORK STATE COLLEGE OF AGRI-
CULTURE AND LIFE SCIENCES AND THE NEW YORK STATE AGRICULTURAL EXPERIMENT
STATION IS EXPRESSLY AUTHORIZED TO:
(I) MANUFACTURE NEW YORK STATE PRODUCED WINES, BEERS, CIDERS, MEAD,
DISTILLED SPIRITS AND OTHER FERMENTED PRODUCTS FOR EDUCATIONAL, WORK-
FORCE DEVELOPMENT AND RESEARCH PURPOSES TO INCLUDE INDUSTRIAL PRODUCT OR
NON-CONSUMABLE PRODUCT RESEARCH;
(II) OFFER ORGANOLEPTIC TASTINGS, ON THE PREMISES, OF SUCH PRODUCTS
ONLY FOR THE PURPOSES OF EDUCATION, WORKFORCE DEVELOPMENT, AND RESEARCH
AND ANALYSIS. NO FEES MAY BE IMPOSED FOR SUCH TASTINGS, OTHER THAN AS
PART OF THE GENERAL COST OF AN EDUCATIONAL COURSE, WORKSHOP, OR OTHER
INSTRUCTIONAL EVENT;
(III) PROVIDE EDUCATIONAL COURSES, WORKFORCE DEVELOPMENT AND EXPERIEN-
TIAL LEARNING OPPORTUNITIES WITHIN THE NEW YORK STATE COLLEGE OF AGRI-
CULTURE AND LIFE SCIENCES AND THE NEW YORK STATE AGRICULTURAL EXPERIMENT
STATION AND ALLOW SEPARATELY LICENSED ENTITIES TO UTILIZE FACILITIES AND
EQUIPMENT LOCATED AT SUCH PLACES FOR THE PRODUCTION OF SMALL-SCALE,
PILOT BATCHES OF WINE, DISTILLED SPIRITS, CIDER, MEAD, BEER AND OTHER
FERMENTED PRODUCTS NOT FOR FURTHER RETAIL SALE AND FOR RESEARCH PURPOSES
ONLY; AND
(IV) CONDUCT PRODUCT TESTING AND TECHNICAL ANALYSIS INCLUDING, BUT NOT
LIMITED TO, SENSORY ANALYSIS, OF NEW YORK STATE AND NON-NEW YORK STATE
MANUFACTURED WINE, DISTILLED SPIRITS, CIDER, MEAD, BEER, AND OTHER
FERMENTED PRODUCTS IN ACCORDANCE WITH AN INTERNALLY ESTABLISHED FEE
SCHEDULE.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
CORNELL UNIVERSITY MAY: (I) OFFER EDUCATIONAL COURSES, WORKSHOPS OR
OTHER INSTRUCTIONAL EVENTS ON WINE, DISTILLED SPIRITS, CIDER, MEAD, BEER
AND OTHER FERMENTED PRODUCTS THROUGH ANY OF ITS COLLEGES, SCHOOLS OR
UNITS, IN ACCORDANCE WITH INTERNALLY ESTABLISHED FEE SCHEDULES AND UNDER
APPROPRIATE LICENSES; AND (II) AUTHORIZE THE USE OF ITS FACILITIES FOR
CONFERENCES AND EVENTS FROM TIME TO TIME, INCLUDING BY OTHER ENTITIES
AND BY THE GENERAL PUBLIC, IN ACCORDANCE WITH INTERNALLY ESTABLISHED FEE
SCHEDULES AND MAY SELL AND SERVE, OR AUTHORIZE OTHERS TO SELL AND SERVE,
AT SUCH EVENTS WINES, BEERS, CIDERS, MEADS, DISTILLED SPIRITS AND OTHER
FERMENTED PRODUCTS UNDER APPROPRIATE LICENSES.
§ 2. Section 101 of the alcoholic beverage control law is amended by
adding a new subdivision 10 to read as follows:
10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE STATE LIQUOR AUTHORITY SHALL ISSUE A LICENSE UNDER SECTION SEVENTY-
SIX-A OF THIS CHAPTER TO THE COMMUNITY COLLEGE IN BROOME COUNTY, ESTAB-
A. 7293 3
LISHED PURSUANT TO ARTICLE ONE HUNDRED TWENTY-SIX OF THE EDUCATION LAW,
IN THE CITY OF BINGHAMTON, AND THE BROOME COUNTY CULINARY AND EVENTS
CENTER ON THE PREMISES DESCRIBED AS FOLLOWS:
ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BINGHAMTON,
COUNTY OF BROOME, AND STATE OF NEW YORK, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST SIDE OF EXCHANGE STREET AT THE SOUTH-
WEST CORNER OF THE STONE FRONT BUILDING KNOWN AS "POPE BLOCK;" THENCE,
1. SOUTHERLY, ALONG THE EASTERLY LINE OF EXCHANGE STREET, 107.41 FEET
(ONE HUNDRED AND SEVEN FEET AND FIVE INCHES) TO A POINT WHERE THE EAST-
ERLY LINE OF EXCHANGE STREET INTERSECTS THE NORTH LINE OF CONGDON PLACE;
THENCE,
2. EASTERLY, ALONG THE NORTH LINE OF CONGDON PLACE, MAKING A MEASURED
INTERIOR ANGLE OF 93° 01' 02" WITH THE EAST LINE OF EXCHANGE STREET, A
DISTANCE OF 200.43 FEET TO A POINT, SAID POINT BEING 50 FEET WESTERLY
FROM THE WEST LINE OF MYRTLE AVENUE; THENCE,
3. NORTHERLY, ALONG A LINE PARALLEL WITH THE WEST LINE MYRTLE AVENUE,
MAKING AN INTERIOR ANGLE OF 88° 59' 55" WITH THE NORTH LINE OF CONGDON
PLACE, A DISTANCE OF 65.00 FEET TO A POINT; THENCE,
4. WESTERLY, ALONG A LINE PARALLEL WITH THE NORTH LINE OF CONGDON
PLACE, MAKING AN INTERIOR ANGLE OF 91° 00' 05" WITH THE LAST DESCRIBED
LINE, A DISTANCE OF 71.95 FEET TO A POINT; THENCE,
5. NORTHERLY, ALONG A LINE MAKING AN INTERIOR ANGLE OF 271° 03' 58"
WITH THE LAST DESCRIBED LINE A DISTANCE OF 44.08 FEET TO A POINT;
THENCE,
6. WESTERLY, ALONG A LINE MAKING AN INTERIOR ANGLE OF 88° 09' 38" WITH
THE LAST DESCRIBED LINE, A DISTANCE OF 133.93 FEET TO THE POINT OF
BEGINNING, SAID LINE FORMING A MEASURED INTERIOR ANGLE OF 87° 45' 22"
WITH THE EAST LINE OF EXCHANGE STREET.
THE ABOVE DESCRIBED PARCEL IS SHOWN ON A MAP PREPARED BY PASSERO ASSO-
CIATES ENTITLED "BOUNDARY AND TOPOGRAPHIC SURVEY, CARNEGIE LIBRARY, 78
EXCHANGE STREET", PROJECT NO. 201410120.0003, DRAWING NO. TS-1, DATED
APRIL 20, 2016. TOGETHER WITH AND SUBJECT TO 8 FOOT WIDE RIGHT-OF-WAY
FOR INGRESS AND EGRESS ALONG THE EASTERLY SIDE OF THE ABOVE PREMISES,
WHICH WESTERLY 4 FEET OF SAID RIGHT-OF-WAY IS LOCATED ON THE ABOVE PREM-
ISES AND EASTERLY 4 FEET IS LOCATED ON PREMISES TO THE EAST, AS RECITED
IN LIBER 1992 OF DEEDS, PAGE 243.
SNDA (MASTER LEASE) - SUNY BROOME 28865746V4
(B) THE COMMUNITY COLLEGE IN BROOME COUNTY AND BROOME COUNTY CULINARY
AND EVENTS CENTER MAY, BUT SHALL NOT BE REQUIRED TO, PRODUCE WINE, BEER,
DISTILLATES, CIDER AND MEAD AS A CONDITION OF SUCH LICENSE.
(C) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, ADVI-
SORY COUNCIL MEMBER, OFFICER, OR EMPLOYEE OF, OR PURVEYOR TO, THE COMMU-
NITY COLLEGE IN BROOME COUNTY AND BROOME COUNTY CULINARY AND EVENTS
CENTER BY REASON OF SUCH PERSON HOLDING A LICENSE UNDER THIS SUBDIVI-
SION, OR BEING AFFILIATED WITH A LICENSEE UNDER THIS SUBDIVISION AS A
SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR EMPLOYEE.
(D) NO PERSON SHALL BE DISQUALIFIED FROM BEING A DONOR, PATRON,
CONTRIBUTOR OR SPONSOR FROM TIME TO TIME OF THE COMMUNITY COLLEGE IN
BROOME COUNTY AND BROOME COUNTY CULINARY AND EVENTS CENTER THROUGH
CONTRIBUTIONS IN CASH OR IN KIND, BY REASON OF SUCH PERSON HOLDING A
LICENSE UNDER THIS SUBDIVISION, OR BEING AFFILIATED WITH A LICENSEE
UNDER THIS SUBDIVISION AS A SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR
EMPLOYEE.
A. 7293 4
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMUNITY COLLEGE IN THE BROOME COUNTY AND BROOME COUNTY CULINARY AND
EVENTS CENTER IS EXPRESSLY AUTHORIZED TO:
(I) SELL NEW YORK STATE PRODUCED WINES, BEERS, CIDERS, MEADS AND
DISTILLED SPIRITS FOR BOTH ON AND OFF-PREMISES CONSUMPTION;
(II) MANUFACTURE NEW YORK STATE PRODUCED WINES, BEERS, CIDERS, MEADS
AND DISTILLED SPIRITS FOR EDUCATIONAL, WORKFORCE DEVELOPMENT AND
RESEARCH PURPOSES TO INCLUDE INDUSTRIAL PRODUCT OR NON-CONSUMABLE PROD-
UCT INNOVATION RESEARCH;
(III) OFFER TASTINGS, ON THE PREMISES, OF SUCH PRODUCTS ONLY FOR THE
PURPOSES OF EDUCATION, WORKFORCE DEVELOPMENT, AND RESEARCH AND ANALYSIS.
FOR PURPOSES OF THIS SUBDIVISION, TASTINGS MAY ONLY BE CONDUCTED ON THE
PREMISES OF THE COMMUNITY COLLEGE IN BROOME COUNTY AND BROOME COUNTY
CULINARY AND EVENTS CENTER DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION. NO FEES MAY BE IMPOSED FOR SUCH TASTINGS, OTHER THAN AS PART OF
THE GENERAL COST OF AN EDUCATIONAL COURSE, WORKSHOP, OR OTHER INSTRUC-
TIONAL EVENT;
(IV) PROVIDE EDUCATIONAL COURSES, WORKFORCE DEVELOPMENT AND EXPERIEN-
TIAL LEARNING OPPORTUNITIES WITHIN THE COMMUNITY COLLEGE IN BROOME COUN-
TY AND BROOME COUNTY CULINARY AND EVENTS CENTER; AND
(V) PROVIDE BANQUET AND ENTERTAINMENT FACILITIES FOR THE GENERAL
PUBLIC FOR PRIVATE PARTIES IN CONSIDERATION OF SUCH FEES AS ARE ESTAB-
LISHED BY THE COMMUNITY COLLEGE IN BROOME COUNTY AND BROOME COUNTY CULI-
NARY AND EVENTS CENTER FROM TIME TO TIME, AND TO SELL AND SERVE AT SUCH
EVENTS WINES, CIDERS, BEERS, MEAD AND DISTILLED SPIRITS SELECTED BY
PERSONS HIRING THE FACILITIES.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect immediately.