What's happening
This bill allows cider producers and wineries in a specified Orange County location to conduct tastings and retail sales, provided food is available.
Why it matters
Supports local economic development. by allowing cideries and wineries in the specified Orange County location to offer tastings and direct retail sales, which can attract more visitors and boost tourism-related spending in the area.
Expands business flexibility. for producers, enabling them to sell products made at any of their locations, not just those produced on-site, thus potentially increasing their market reach and profitability.
Imposes food service requirements. for on-premises consumption, ensuring compliance with state standards and promoting a more responsible, safer drinking environment by mandating the availability of food alongside alcohol service.
Creates a tailored regulatory carve-out. for a specific property, signaling potential for similar location-based exceptions in the future, which could influence broader policy debates about alcohol licensing and local economic initiatives.
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Who cares
Headline styles
Allow Orange County Winery Licenses
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.410
- Referred to commerce, economic development and small business
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 62–1
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.817
- 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.
Allow Winery, Cidery Licenses
In Assembly Committee · Economic Development · Sponsor Aileen Gunther
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5401
2017-2018 Regular Sessions
IN SENATE
March 24, 2017
Introduced by Sen. LARKIN -- 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 winery and cidery licenses issued for a premises in Orange County
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 58 of the alcoholic beverage control law is amended by adding a new subdivision 3-b to read as follows:
3-b. (a) Notwithstanding any provision of this section to the contrary, a person holding a cider producer license at the premises described in this subdivision may conduct tastings of, and sell at retail for consumption on or off the licensed premises, any cider produced by such person at any other location: All that certain plot, piece or parcel of land situated, lying and being in the Town of Montgomery, County of Orange and being further bounded and described as follows: beginning at a point at the approximate centerline of Albany Post Road, (County Road 14), said point being the northeasterly corner of the herein described parcel; thence along the division line between the herein described parcel and the lands now or formerly of Christopher M. Piscopo as described in Book 12496 of Deeds at Page 354, N 52° 46' 00" W 247.55 feet to the northwesterly corner of the herein described parcel; thence along the division line between the herein described parcel and the lands now or formerly of the Albany Post Orchards, LLC as described in Book 11892 of Deeds at Page 1358; S 39° 05' 00" W 465.81 feet to the southwesterly corner of the herein described parcel; thence along the division line between the herein described parcel and the lands now or formerly of Marie Eckstein, Anita Eckstein and Elaine Putnam, Trustees, Marie Eckstein Revocable Indenture of Trust as described in Book 13291 of Deeds at Page 1985, S 64° 36' 00" E 165.78 feet to the southeasterly corner of the herein described parcel of land the lands now or formerly
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03743-01-7
S. 5401 2
of Frank Moricco, N40° 02' 00" E 220.05 feet and S54° 39' 00" E 181.95 feet to a point in the approximate centerline of Albany Post Road; thence along the approximate centerline of Albany Post Road, N13° 05' 00" E 225.54 feet to the point or place of beginning.
(b) Provided, however, that for tastings and sales for on-premises consumption, the licensee shall regularly keep food available for sale or service to its retail customers for consumption on the premises. A licensee providing the following shall be deemed in compliance with this provision: sandwiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or food items intended to complement the tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking, including but not limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers. All of the provisions of this chapter relative to licenses to sell cider at retail for consumption on and off the premises shall apply so far as applicable to such licensee.
§ 2. Section 76 of the alcoholic beverage control law is amended by adding a new subdivision 4-b to read as follows:
4-b. (a) Notwithstanding any provision of this section to the contrary, a person holding a winery license at the premises described in this subdivision may conduct tastings of, and sell at retail for consumption on or off the licensed premises, any wine produced by such person at any other location: All that certain plot, piece or parcel of land situated, lying and being in the Town of Montgomery, County of Orange and being further bounded and described as follows: beginning at a point at the approximate centerline of Albany Post Road, (County Road 14), said point being the northeasterly corner of the herein described parcel; thence along the division line between the herein described parcel and the lands now or formerly of Christopher M. Piscopo as described in Book 12496 of Deeds at Page 354, N 52° 46' 00" W 247.55 feet to the northwesterly corner of the herein described parcel; thence along the division line between the herein described parcel and the lands now or formerly of the Albany Post Orchards, LLC as described in Book 11892 of Deeds at Page 1358; S 39° 05' 00" W 465.81 feet to the southwesterly corner of the herein described parcel; thence along the division line between the herein described parcel and the lands now or formerly of Marie Eckstein, Anita Eckstein and Elaine Putnam, Trustees, Marie Eckstein Revocable Indenture of Trust as described in Book 13291 of Deeds at Page 1985, S 64° 36' 00" E 165.78 feet to the southeasterly corner of the herein described parcel of land the lands now or formerly of Frank Moricco, N40° 02' 00" E 220.05 feet and S54° 39' 00" E 181.95 feet to a point in the approximate centerline of Albany Post Road; thence along the approximate centerline of Albany Post Road, N13° 05' 00" E 225.54 feet to the point or place of beginning.
(b) Provided, however, that for tastings and sales for on-premises consumption, the licensee shall regularly keep food available for sale or service to its retail customers for consumption on the premises. A licensee providing the following shall be deemed in compliance with this provision: sandwiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or food items intended to complement the tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking, including but not limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers. All of the provisions of this chapter relative to
S. 5401 3
licenses to sell wine at retail for consumption on and off the premises shall apply so far as applicable to such licensee.
§ 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 winery and cidery licenses issued for a premises in Orange County
Purpose
To amend the alcoholic beverage control law to allow for on-premises consumption of cider.
Summary of provisions
Section 1 adds a new subdivision 3-b to section 58 of the alcoholic beverage control law to allow a person holding a cider producer license for a specific premise located in Orange County to conduct tastings of, and sell at retail for consumption on or off the premises, any cider produced by the licensee at any other location. Further, this section provides that for tastings and sales for on-premises consumption, a cider production licensee must regularly make food available for sale or service to retail customers for consumption on the premises. Subdivision 3-b also lists specific foods to be made available that will keep the licensee in compliance with this section.
Section 2 adds a new subdivision 4-b to section 76 of the alcoholic beverage control law to allow a person holding a winery license for a specific premise located in Orange County to conduct tastings of, and sell at retail for consumption on or off the premises, any wine produced by the licensee at any other location. Further, this section provides that for tastings and sales for on-premises consumption, a winery licensee must regularly make food available for sale or service to retail customers for consumption on the premises. Subdivision 4-b also lists specific foods to be made available that will keep the licensee in compliance with this section.
Section 3 sets forth an immediate effective date.
Justification
The heart of the New York Hudson River Valley apple region was selected for the establishment of a new cidery to be dedicated to research and developing innovative cider varieties. Its focus will be on apple varieties grown in or native to New York, and to promote the New York hard cider industry through its visitor center and tasting room. By experimenting with growing new apple varieties and expanding the range of apples best suited for cider-making, the hope is that the cider-making industry will become an even greater force in the Hudson Valley and New York State.
It is anticipated that the cidery will be a significant draw for visitors to the area who will learn about cider-making and the rich history of the Hudson Valley region. On-premises consumption of the wide-variety of hard ciders will enhance the experience of visitors, leading to greater interest in the cider industry in New York State.
Legislative history
2016: S7902-Referred to Commerce, Economic Development, and Small Business
Fiscal implications
None to state.
Effective date
This act shall take effect immediately.
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