Directs the state liquor authority to issue a farm winery license to the Concord Grape Belt Heritage Association Inc. Grape Discovery Center in the town of Westfield, county of Chautauqua

Currently available licenses also restrict the ability of the center to solicit the general public for funds, prevent acceptance of contributions from persons holding a license under the Alcoholic Beverage Control Law, and restrict those persons who could serve on the center's Board of Directors.

The further purpose of this legislation, therefore, is to remove, solely for the purposes of the Grape Discovery Center, a public charity, the restrictions on who may be solicited for contributions and who may contribute to the center's support or who may serve on its board of directors.

In furtherance of its promotional objectives, the center would also be permitted to rent out its facilities for private events and to sell and serve wine, malt beverages, and distilled spirits at such events

Summary of provisions

Section 1. Amends section 101 of the Alcoholic Beverage Control Law by adding a new subdivision 8 to allow the Concord Grape Belt Heritage Association Inc Grape Discovery Center, located in the Town of Westfield, to be issued a farm winery license from the State Liquor Authority under section 76-a of this chapter.

Notwithstanding any other provision of law to the contrary, the center is authorized to sell New York State produced wines, beers, and distilled spirits for both on and off-premises consumption, offer tastings on premises, and provide banquet and entertainment facilities At such banquet and entertainment facility events, the center may sell and serve wines, malt beverages, and distilled spirits.

The center is not required to produce wine as a condition of such license.

Furthermore, no person shall be disqualified from acting as a director, officer, or employee of, or purveyor to, the center due to holding a license under this law or being affiliated with a licensee under this law as a shareholder, partner, officer, director, or employee

In addition, no person shall be disqualified from being a lender or lessor to the center, or a donor, patron, contributor, or sponsor, due to holding a license under this law or being affiliated with a licensee under this law as a shareholder, partner, officer, director, or employee. Such persons shall be entitled, regardless of their licensing status under this law, to obtain all the benefits generally approved by the board of directors of the center and offered to donors of similar amounts

Justification

The Grape Discovery Center, located in Westfield, New York, along the southeastern shores of Lake Erie, is at the heart of the largest and oldest Concord grape growing region in the world Having been introduced in the 1870's, the climate, geography, and soil of western New York proved to be highly conducive to the Concord grape's production.

The Concord Grape Belt Heritage Association was formed in 2004 as a non-profit organization of grape growers, juice processors, wineries, and other grape-related businesses and regional organizations with the mission to encourage and support the grape and wine industry, and overall quality of life, in the region. With natural beauty, historic communities, and engaging destinations to explore, the region was designated a New York State Heritage Area in 2006 and in May 2013 the Concord Grape Belt Heritage Association opened the Grape Discovery Center.

The Grape Discovery Center is the official visitor's center for the Lake Erie Concord Grape Belt and acts as a showcase for local grape-related products, as well as a venue for sharing the rich history and culture of the region Including exhibits and displays telling the story of over 150 years of grape-growing along the southeastern shores of Lake Erie in western New York and northwestern Pennsylvania, the Grape Discovery Center is an experiential destination with products and exhibits that seek to support and promote the grape industry through sharing stories and engaging, educating, and informing the public about all things grape

Furthermore, grapes are a vital and fundamental part of the regional economy, with hundreds of growers annually producing 150,000 tons or more of grapes on 30,000 acres of vineyards Value added products like juices, jellies, and dozens of other products are processed locally and sold across the country and around the world. Approximately 2,000 jobs in the area are directly related to grape production, which according to data from a study in 2004 contributed an estimated $340 million to the Chautauqua and Erie County economies in that year. In addition, total fruit and vegetable processing in the area, located there largely due to the presence of the grape industry, supports over 5,000 jobs and contributes over $1 million to the two-county region's annual economy

Currently, the Grape Discovery Center offers guests the opportunity to enjoy wine by the glass, but cannot offer wine for sale by the bottle for off premises consumption without this legislative designation.

The availability of wine for purchase by the bottle at the Grape Discovery Center will allow the thousands of visitors and tourists who come to experience and learn about Lake Erie's wine-making heritage to

take a bottle of local wine home to enjoy. The enhanced experience of visitors and tourists will make the Grape Discovery Center a more attractive and patronized destination, enhancing tourism in the region and aiding in the promotion of all grape-related products and educational material at the Grape Discovery Center. This in turn will promote and support the larger region and expand awareness of the state's wine and agricultural industry.

Additionally, depending on the license obtained by the center under current law, retailers, wholesalers, and wine producers are forbidden from contributing to or participating in the operations of the center or from serving on its Board of Directors. They may also be forbidden from contributing their goods or services to the center These current prohibitions are intended to ensure that no supplier unlawfully induces a person having a retail facility from purchasing from that supplier to the exclusion of other suppliers Because the Grape Discovery Center is a public non-profit charity and not a commercial enterprise, any winery desiring to make their New York-produced products available at the center may do so without exclusion. The center will not restrict the ability of duly licensed retailers from providing their goods and services to the center and should therefore be exempt from these provisions of the law designed to prevent commercial enterprises from making unlawful inducements and exclusions

Legislative history

New bill.

Fiscal implications

Increased tax revenue to the State as a result of greater promotion of New York State-produced goods.

Effective date

This act shall take effect immediately