Permits persons with retail and wholesale licenses to provide beer samples at licensed premises or establishments

BILL NUMBER:S3109A

Title of bill

An act to amend the alcoholic beverage control law, in relation to permitting licensees to provide beer samples

Purpose or general idea of bill

Enactment of this legislation would permit persons with licenses to sell beer or wine products for consumption off premises to provide beer samples.

Summary of specific provisions

Section 1 amends section 54 of the alcoholic beverage control law by adding a new subdivision 6 permitting a licensee or any employee of such licensee provided the licensee does not sell gasoline, to serve samples of beer or malt beverages sold at the establishment, mandating that such sample shall consist of no more than four one ounce samples. The penalties for the violation(s) of this provision are also spelled out: first offense is a fine of one hundred dollars; a second offense is a fine of five hundred dollars and a third offense would be the penal sum of the bond filed by the licensee.

Section 2 amends section 54-a of the alcoholic beverage control law by adding a new subdivision 4 permitting a licensee or any employee of such to serve samples of beer or malt beverages sold at the establishment, mandating that such sample shall consist of no more than four one ounce samples. The penalties for the violation(s) of this provision are also spelled out: first offense is a fine of one hundred dollars; a second offense is a fine of five hundred dollars and a third offense would be the penal sum of the bond filed by the licensee.

Section 3 amends section 53 of the alcoholic beverage control law by chapter 361 if the laws of 1994 to allow any person to apply to the liquor authority for a license to sell beer at wholesale.

A licensee or employee of licensee may serve at the licensed premises provided the licensee does not sell gasoline and that the sample of beer or malt beverages sold at wholesale shall not be served at the licensed premises after 10p.m. on any day.

The penalties for the violation(s) of this provision are also spelled out: first offense is a fine of one hundred dollars; a second offense is a fine of five hundred dollars and a third offense would be the penal sum of the bond filed by the licensee.

Justification

With the growing number of micro brewers and an increasing demand for beer produced by small boutique brewers, customers have indicated a willingness to go beyond the beer products offered by the country's

largest brewers and try the products produced by their local brewer. These new beers often are only available as a draught product and sold in one gallon or similar size bottles, so while customers are willing to try something new, they may often balk at buying one gallon of a beer they have no idea as to its taste.

Similarly, customers would have the opportunity to taste a sample of any beer offered in a store should the proprietor be willing to offer such samples. Customers would he limited to four, one ounce servings during any visit.

By permitting a licensee (or an employee) of store to offer a sample of the product customers, the brewers and the seller will all benefit.

Prior legislative history

2009-2010: S.3246/A.7151, Referred to Economic Development

Fiscal implications

None to New York State.

Local fiscal implications

None.

Effective date

This act shall take effect immediately, but be subject to the implementation of rules and regulations by the State Liquor Authority.