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S5181Senate2009-2010 Session

Relates to licenses to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

Sponsor Hugh T. FarleySD-44Affects Economy
Status
In Senate Committee
Commerce, Economic Development And Small Business
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Commerce, Economic Development And Small Business

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Who cares

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Sponsors

Primary sponsor
Hugh T. Farley

Senator · Senate District 44

No co-sponsors yet.

History

  1. Referred to commerce, economic development and small business
  2. Referred to commerce, economic development and small business

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the alcoholic beverage control law, in relation to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

Purpose

To provide some flexibility in the ABC Law and enable persons to have interests in both brew-pubs and licensed restaurants.

Summary of provisions

Adds a new subdivision 7-a to Section 64-c of the Alcoholic Beverage Control Law, and amends subdivision 10, to allow a person to hold both a restaurant-brewer license (section 64-c) and an on-premises license (section 64), provided that the total number of licenses held by such person does not exceed six.

Existing law

Current law generally limits ownership interests between alcohol manufacturers and alcohol retailers.

Justification

Since the end of Prohibition, New York State law has generally restricted owners of an alcohol manufacturer license and an alcohol retail license from having an interest in each other (known as the "tied house" restrictions).

These restrictions have carried over into the service business, with the result that a person is not able to own both a brew-pub (a manufacturer) and a licensed restaurant (a retail facility).

Given the many similarities in the operation of a restaurant facility and a brew-pub facility, there should be some flexibility to allow a successful owner of a restaurant to be able to acquire or establish a brew-pub, and vice versa.

Efforts have been underway to propose a comprehensive update of the Alcoholic Beverage Control Law, and these types of ownership issues will likely be evaluated as part of any such review. In the meantime, this bill takes a modest approach to allow some flexibility between ownership of a brew-pub and a licensed restaurant.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.