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S4772Senate2017-2018 SessionSame asA128

Create Craft Beverage Council

Official title

“Establishes the New York craft beverage council within the department of economic development”

Sponsor Pamela HelmingSD-54+2 co-sponsorsAffects Economy
Status
In Senate Committee
Commerce, Economic Development And Small Business
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Commerce, Economic Development And Small Business

What's happening

This bill creates the New York Craft Beverage Council to promote and market New York's craft beverage industry statewide and regionally.

Why it matters

  1. Brings industry voices to the table. The council’s board includes representatives from every segment of the craft beverage supply chain—wineries, distilleries, breweries, cideries, liquor stores, distributors, restaurants, and marketing professionals—ensuring the state's promotional strategies reflect real business needs and regional diversity.

  2. Establishes regional input and collaboration. By setting up regional advisory boards for ten distinct regions, the law ensures that local challenges, opportunities, and perspectives are communicated directly to the statewide council, helping tailor marketing and development efforts to different parts of New York.

  3. Aims for coordinated, professional marketing. The council must hire an executive director with expertise in marketing and event planning, and produce a strategic report within a year, signaling a move toward more sophisticated, unified branding and promotion that could elevate New York’s craft beverage profile in and out of state.

  4. Potential for industry self-sustainability. By requiring member dues and unpaid board service (with expense reimbursement), the structure encourages industry buy-in and involvement, which may help ensure the council’s initiatives are sustainable, responsive, and not entirely dependent on state funding.

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Who cares

Headline styles

Create Craft Beverage Council

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Pamela Helming

Senator · Senate District 54

History

  1. Referred to commerce, economic development and small business
  2. Print number 4772a
  3. Amend and recommit to commerce, economic development and small business
  4. Referred to commerce, economic development and small business

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A128Assembly

Create Craft Beverage Council

In Assembly Committee · Economic Development · Sponsor Kevin Cahill

Impact 7 · Significant0% to pass

Full text

4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4772--A

2017-2018 Regular Sessions

IN SENATE

February 28, 2017

Introduced by Sens. HELMING, AKSHAR, VALESKY -- (at request of the Legislative Commission on Rural Resources) -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the economic development law, in relation to establishing the New York craft beverage council

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The economic development law is amended by adding a new article 5-F to read as follows:

ARTICLE 5-F

NEW YORK CRAFT BEVERAGE COUNCIL PROGRAM Section 181-f. Short title.

181-g. Definitions.

181-h. General powers and duties of the commissioner.

181-i. New York craft beverage council.

§ 181-f. Short title. This article shall be known and may be cited as the "New York craft beverage council program".

§ 181-g. Definitions. The following terms shall have the following meanings for the purposes of this section:

1. "Winery" shall mean a business that produces wine.

2. "Distillery" shall mean a business that produces spirits.

3. "Microbrewery" shall mean a business that produces craft brews.

4. "Cidery" shall mean a business that produces cider.

5. "Beer distributor" shall mean a business that sells craft brews to the public and delivers craft brews to retailers.

6. "Brew pub" shall mean a pub or restaurant that brews beer on the premises.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01582-03-7

S. 4772--A 2

7. "Cider" shall mean the partially or fully fermented juice of fresh, whole apples or other pome fruits, containing more than three and twotenths per centum but not more than eight and one-half per centum alcohol by volume.

8. "Farm distillery" shall mean a distillery with a Class D license.

§ 181-h. General powers and duties of the commissioner. The commissioner shall develop and implement a New York craft beverage program. The New York craft beverage council shall develop a marketing strategy pursuant to this program that shall promote New York as a premiere producer of high quality wines, spirits, ciders and craft brews.

§ 181-i. New York craft beverage council. 1. (a) The commissioner, in accordance with this program, shall cause to be developed a New York craft beverage council to be tasked with branding, marketing and promoting fine New York state wines, spirits, ciders and craft beverages. The New York craft beverage council shall be managed by and its powers, functions and duties shall be exercised through a board of directors.

(b) The initial board of directors shall consist of ten members: six of which shall be appointed by the governor; two of which shall be appointed by the temporary president of the senate; and two of which shall be appointed by the speaker of the assembly. Of the ten members, one shall be an officer or owner of a winery, one shall be an officer or owner of a distillery, one shall be an officer or owner of a microbrewery, one shall be an officer or owner of a liquor store, one shall be an officer or owner of a beer distributor, one shall be an officer or owner of a cidery, one shall be an officer or owner of a farm distillery, one shall be an officer or owner of a brew pub, one shall be the owner or officer of a restaurant licensed to sell fine New York wines, spirits, ciders and craft brews, and one shall be a person familiar with the advertising, promotion and marketing of commercial products. The directors so appointed shall serve a term of three years, except that, of the directors so appointed by the governor, temporary president of the senate and speaker of the assembly, the owner or officer of a distillery, the owner or officer of a beer distributor and the owner or officer of a restaurant shall serve for one year, the owner or officer of a brewery, the owner or officer of a liquor store and the owner or officer of a brew pub shall serve for two years, and the owner or officer of a winery, the owner or officer of a cidery, the owner or officer of a farm distillery and the person familiar with advertising, promotion and marketing of commercial products shall serve for three years.

(c) The chair of the urban development corporation shall serve as chair of the council.

(d) Membership will be defined as members in good standing per the bylaws of the New York craft beverage council. Each member will contribute annual dues to the council to be determined by the board of directors.

(e) The executive director of the New York craft beverage council shall have previous experience in marketing craft beverages, event planning and brand management and will be appointed by the board of directors, decided by a majority vote. The executive director will serve as an "at will" employee at the discretion of the board of directors.

(f) If any vacancy other than by expiration of term occurs on the board amongst those first appointed such vacancy shall be filled by appointment for the unexpired term by the appointing authority initially appointing such member. Upon expiration of the initial terms, successors shall be elected by the remaining members of the board for a three year

S. 4772--A 3

term; such directors shall have the qualifications required of the original directors. Members shall continue as such until their successors have been duly elected.

(g) Members of the board of directors shall serve without compensation, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties.

(h) The board shall meet four times annually at the call of the chairman or in his or her absence the vice chairman or on petition of any three members. A majority of the members of the board then in office shall constitute a quorum for the transaction of any business. The board is encouraged to conduct its meetings in a manner which will ensure the active participation of any person having an interest in the craft beverage industry.

(i) The New York craft beverage council is charged with creating brand recognition for fine New York wines, spirits, ciders and craft brews. In doing so they shall work to market New York state labeled craft beverages both within and outside of New York state with the goal of promoting New York craft beverages.

(j) The New York craft beverage council shall, by one year following the effective date of this article, submit a preliminary report to the governor and the legislature with an assessment of marketing and promotion strategies to implement this article.

2. (a) (i) Regional advisory boards shall be established, whose members shall work with the New York craft beverage council. There shall be five regional members of the advisory board for each region established pursuant to this section. For each region, one regional member shall be appointed by the governor, two regional members shall be appointed by the temporary president of the senate, and two regional members shall be appointed by the speaker of the assembly. Regional advisory board members shall have the qualifications required of the board of directors.

(ii) Regional members shall not be considered to be members of the council for purposes of participation in council meetings, except where items relating specifically to that member's region are on the agenda of a council meeting.

(b) For the purposes of this article, there shall be ten regions:

(i) Western New York, consisting of Allegany, Cattaraugus, Chautauqua, Erie and Niagara counties;

(ii) Finger Lakes, consisting of Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties;

(iii) Southern Tier, consisting of Broome, Chemung, Chenango, Delaware, Schuyler, Steuben , Tioga and Tompkins counties;

(iv) Central New York, consisting of Cayuga, Cortland, Madison, Onondaga and Oswego counties;

(v) Mohawk Valley, consisting of Fulton, Herkimer, Montgomery, Oneida, Otsego and Schoharie counties;

(vi) North Country, consisting of Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis and St. Lawrence counties;

(vii) Capital Region, consisting of Albany, Columbia, Greene, Saratoga, Schenectady, Rensselaer, Warren and Washington counties;

(viii) Mid-Hudson, consisting of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties;

(ix) New York City, consisting of Bronx, Kings, New York, Richmond and Queens counties;

(x) Long Island, consisting of Nassau and Suffolk counties.

S. 4772--A 4

(c) Regional advisory board members shall serve without compensation, and shall have their principal residence within the region for which they are appointed. Such regional advisory board members may solicit input from stakeholder interests within their region, including but not limited to local governments, community organizations, chambers of commerce, beverage distributors, wineries, distilleries, cideries, microbreweries, restaurants, and consumers and shall transmit to the council a report containing any recommendations specific to their region one hundred eighty days following the effective date of this section.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the economic development law, in relation to establish- ing the New York craft beverage council

Purpose or general idea of bill

To create and implement a New York Beverage Council within the Depart- ment of Economic Development to promote New York as a premiere producer of high quality wines, spirits, ciders, and craft brews and to enhance brand recognition for New York craft beverages within and outside of NY State for the purpose of increasing sales and production of NY wines, spirits, ciders, and craft brews and increased tax revenue for the people of New York State.

Summary of specific provisions

Section 1: Section 181-f of the Economic Development Law creates a NY Craft Beverage Council Program. § 181-g sets the definitions for this section. § 181-h of the Economic Development Law provides general powers and duties of the commissioner. § 181-i creates a NY Craft Beverage Council consisting of a 9-member board of directors, including five members to be appointed by the governor, two members to be appointed by the temporary president of the senate and two members to be appointed by the speaker of the assembly. The board shall consist of representatives from a winery, a cidery, a distillery, a microbrewery, a liquor store, a beer distributor, a farm distillery, a brew pub, a restaurant licensed to sell New York craft beverages, and a promoter of commercial products. The Chair of the Urban Development Corporation will serve as Chair of the Council, with an executive director to be appointed by the board of directors. The board of directors will elect their successors following the completion of their term. The board will meet four times annually at the call of their chairman or in his absence the vice chairman or on petition of any three members. The New York Craft Beverage Council is charged with creating brand recognition for fine New York wines, spir- its, ciders, and craft brews.

Read the full memo (615 words)

Regional advisory boards will be established for the purposes of collab- orating with the New York craft beverage council and regional stakehold- ers. There will be five regional advisory board members for each of the ten regions of the state.

Section 2 sets the effective date.

Justification

New York State is one of the largest producers of craft beverages in the United States but falls far short of other states in supporting this important industry. The industry today is strong in the tourism areas, but is in need of stronger consumer awareness and demand for the high quality products being produced across the state. In an effort to create an opportunity for the State to generate sales tax revenue along with increasing the number of new jobs within the craft beverage indus- try, and to promote the sale and enjoyment of New York craft beverages, this bill would create the New York Craft Beverage Council. The Council would promote New York craft beverages in concert with the tourism industry, wineries, cideries, distilleries, breweries, retailers and restaurants within and outside of NY State. A marketing campaign to be undertaken will educate New Yorkers and other consumers as to the quality and bene- fits of New York's craft beverages. Specific plans will be developed by the Council and progress reported to the State on an annual basis with.key performance indicators and metrics to measure the success of the efforts.

Legislative history

2017: S.4772 Referred to Commerce, Economic Development and Small Busi- ness 2016: S.6611 Referred to Commerce, Economic Development and Small Busi- ness 2015: S.4118 Committed to Rules 2013, 2014: S.5300/A.7544 Referred to Commerce, Economic Development & Small Business

Fiscal implications

None.

Effective date

Immediately.

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