Authorizes roadside farm markets to sell wine from up to two farm, special or micro-wineries located within 20 miles

10 Co-sponsors

• John J. Bonacic
• David Carlucci
• Patrick M. Gallivan
• Terry Gipson
• Mark Grisanti
• George D. Maziarz
• Michael F. Nozzolio
• Thomas F. O'Mara
• Patty Ritchie
• James L. Seward

BILL NUMBER:S267

Title of bill

An act to amend the alcoholic beverage control law, in relation to authorizing the sale of wine produced by farm or special wineries or micro-wineries at licensed roadside farm markets

Purpose

The purpose of this bill is to expand agricultural direct marketing assistance and to authorize farm wineries to sell wine by the bottle for off-premises consumption to farm roadside stands that are located within 20 miles of the licensed farm winery, special winery or micro-winery.

Summary of provisions

Section 1: Amends Alcoholic Beverage Control Law section 3 to add a definition for "roadside farm market".

Section 2: Amends Alcoholic Beverage Control Law section 17 to grant the State Liquor Authority the statutory power to regulate roadside farm markets that sell New York produced wines.

Section 4: Amends Alcoholic Beverage Control Law section 75 to create a new license for roadside farm markets that sell New York labeled wine.

Section 5: Amends Alcoholic Beverage Control Law section 76-a to authorize farm wineries to sell wines to authorized roadside farm markets.

Section 6: Amends Alcoholic Beverage Control Law section 76-c to authorize special winery licensees to sell wine to authorized roadside farm markets.

Section 7: Adds a new Alcoholic Beverage Control Law section 76-f to authorize owners of buildings that contain a roadside farm stand to obtain a license to sell New York labeled wine from no more than 2 New York wineries for off-premises consumption. Such roadside farm markets must be located within 20 miles of the winery. The bill limits the hours in which New York state labeled wines can be sold. It also gives the SLA the regulatory authority to precisely define what constitutes a farm stand and mandates that no wine tastings may be conducted at such farm stand.

Section 8: Amends Alcoholic Beverage Control Law section 83 to provide that the annual fee to obtain a roadside farm retailers license shall be $100.00.

Section 9: Amends Alcoholic Beverage Control Law section 99-d with regard to obtaining approvals from the SLA for substantial alterations to roadside farm markets.

Justification

New York farm winery licensees produce a product that is derived from New York grown or produced agricultural products. It only stands to reason that, with proper regulatory supervision provided by the SLA, that these agricultural products should be able to be easily provided to and sold by a limited number designated roadside farm markets. The bill limits the number of wineries that a farm stand can sell their products to two wineries and requires that those farm stands must be designated and recorded in the offices of the SLA. Several farm wineries have suggested that they would offer their products only during certain seasons of the year such as the Fall harvest season or during the Holiday season when Christmas trees are sold by farm stands. This bill will give farmers that own such farm stands another product to sell and thereby help grower incomes in addition to helping to sell New York produced wines. While this bill authorizes the sale of wine by the bottle, it does not authorize such farm stands to conduct wine tastings.

Legislative history

A similar bill, S.5865A of 2004, Passed the Senate S.1397A of 2005/2006 - Passed Senate S343 of 2007/2008 - Passed Senate S.704 of 2009/2010 - Reported to Finance S.4241A of 2011/2012 - Passed Senate

Fiscal implications

This bill will help to increase the sale of New York produced wines and thereby increase excise tax collections and increase employment by New York wineries.

Effective date

180 days after it shall have become law.