What's happening
This bill allows roadside farm markets in New York to sell and offer tastings of locally labeled liquor, wine, beer, and cider.
Why it matters
Boosts local agriculture and craft beverage industry. By allowing farm markets to sell and offer tastings of locally produced liquor, beer, and cider (in addition to wine), the bill creates more direct-to-consumer sales opportunities for New York’s small producers and strengthens the connection between local farms and craft beverage makers.
Increases visibility and access for small distilleries, breweries, and cideries. The new provisions let roadside markets carry products from up to two nearby (within 20 miles) licensed producers in each beverage category, supporting hyper-local businesses and encouraging consumers to try regional options they might otherwise miss.
Enhances consumer experience at farm markets. Shoppers can now sample a wider variety of local alcoholic beverages, making roadside markets more attractive destinations, potentially increasing foot traffic and overall sales for both agricultural and beverage products.
Implements safeguards and expands permissible inventory. The bill increases the warehousing allowance from 20 to 40 cases of alcoholic beverages (of any type, not just wine), but still requires secure storage and the presence of an owner/operator during sales, maintaining oversight and responsible retailing.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Farm Stands Sell Alcohol
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
1 Co-sponsor
History
- Referred to commerce, economic development and small business
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.815
- Referred to commerce, economic development and small business
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5381
2017-2018 Regular Sessions
IN SENATE
March 23, 2017
Introduced by Sens. BOYLE, VALESKY -- (at request of the State Liquor Authority) -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to allowing tastings and expanding the craft beverage types sold at roadside farm markets
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 76-f of the alcoholic beverage control law, as added by chapter 355 of the laws of 2013, is amended to read as follows:
§ 76-f. Roadside farm market license. 1. Any person owning or operating a roadside farm market may apply to the liquor authority for a roadside farm market license to sell New York state labelled liquor, New York state labelled wine, New York state labelled beer and New York state labelled cider pursuant to this section. Such application shall be in writing and verified, and shall contain such information as the liquor authority shall require and shall be accompanied by a check or draft for the amount required by this article for such license. If the liquor authority shall grant the application, it shall issue a license in such form as shall be determined by its rules, and the license shall remain in effect for one year.
2. For the purposes of this section, the term "roadside farm market" means a building or structure located on a farm operation or within one mile of a farm operation owned or operated by the permit holder, as defined in subdivision eleven of section three hundred one of the agriculture and markets law, except for a commercial horse boarding operation, in which New York agricultural products are primarily sold by producers, growers or farmers of such agricultural products to the general public, and the term "New York agricultural product" means any agricultural or aquacultural product of the soil or water that has been
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10044-01-7
S. 5381 2
grown, harvested or produced within the state, including but not limited to fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, preserves, maple sap products, apple cider, fruit juice, and Christmas trees.
3. A roadside farm market license shall authorize the holder thereof to sell: liquor manufactured or produced by up to two duly licensed farm distilleries, micro-distilleries or micro-rectifiers; wine manufactured or produced by up to two duly licensed farm or special wineries or micro-wineries; beer produced by up to two duly licensed farm or microbreweries; and cider produced by up to two duly licensed farm cideries or cider producers, that are located within twenty miles of the roadside farm market by the bottle for off-premises consumption; provided that such market's owner, operator or representative shall be present at all times during which [wine is] alcoholic beverages are being offered for sale. Such market shall be deemed to possess a warehouse permit and be permitted to warehouse up to [twenty] forty cases of [wine] alcoholic beverages; provided that such market shall abide by all rules and regulations promulgated pursuant to section ninety-six of this chapter and any other rules and regulations promulgated by the liquor authority to implement the provisions of this section to ensure that [wine] alcoholic beverages stored or kept by such market is segregated and kept in a safe and secure location when such market is closed for business.
4. The sale of [wine] alcoholic beverages pursuant to this section shall occur only within the hours fixed by or pursuant to subdivision fourteen of section one hundred five of this chapter. [Notwithstanding the provisions of section eighty of this article or any other provision of law, no wine tastings shall be conducted at a roadside farm market that sells wine for off-premises consumption pursuant to the provisions of this section.]
5. The liquor authority, in consultation with the department of agriculture and markets, shall promulgate any rules and regulations necessary to implement the provisions of this section.
§ 2. Subdivision 27-a of section 3 of the alcoholic beverage control law, as added by chapter 355 of the laws of 2013, is amended to read as follows:
27-a. "Roadside farm market" means any retailer authorized to sell New York state labelled liquor, New York state labelled wine, New York state labelled beer, and New York state labelled cider, pursuant to section seventy-six-f of this chapter.
§ 3. 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 alcoholic beverage control law, in relation to allowing tastings and expanding the craft beverage types sold at roadside farm markets
Purpose
This bill would amend the Alcoholic Beverage Control Law ("ABCL") to allow roadside farm markets that are currently permitted to sell wine produced by farm wineries, special wineries, or micro-wineries, when located within 20 miles of the market, to now offer tastings of the wine and to sell liquor, beer and cider produced by farm and micro-manufacturers located within 20 miles of the market.
Summary of provisions
Section 1 of the bill would amend: (a) ABCL § 76-f(1) to add New York State-labelled liquor, New York State labelled beer, and New York State labelled cider to the list of beverages that may be sold by a roadside farm market; (b) ABCL § 76-f(2) to allow roadside farm markets to be located off of, but within one mile of the farm; (c) ABCL § 76-f(3) to add farm or micro-distilleries, farm or micro-breweries, and farm cideries or cider producers, located within 20 miles of the farm, to the list of manufacturers that may sell their beverages at a roadside farm market; and (d) ABCL § 76-f(4) to rescind the prohibition on tastings being conducted at roadside farm markets.
Section 2 of the bill would amend ABCL § 3(27-a) to add New York State labelled liquor, New York State labelled beer, and New York State labelled cider to the list of alcoholic beverages available for sale in the definition of "roadside farm market."
Section 3 of the bill would make it immediately.
Legislative history
This is a new bill.
Statement in support
This bill would remove the prohibition on wine tastings at Roadside Farm Markets. It would also increase the types of alcoholic beverages able to be sold by Roadside Farm Markets to also include liquor produced by up to two farm or micro-distillers located within 20 miles of the farm, beer produced by up to two farm or micro-breweries located within 20 miles of the farm, and cider produced by up to two licensed farm cideries or cider producers located within 20 miles of the farm. Finally, this bill would also allow the State Liquor Authority to issue Roadside Farm Market licenses for locations up to a mile from the actual farm operation which provides licensees flexibility to choose appropriate locations for their businesses.
Budget implications
None.
Effective date
Effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.