What's happening
This bill allows a specific restaurant brewery in Southeast, Putnam County, NY to also be licensed as a beer wholesaler.
Why it matters
Creates a special exception to New York’s “tied-house” laws. for a single restaurant brewery in Southeast, Putnam County, allowing it to hold both a retail (restaurant-brewery) and a wholesale beer license—something generally prohibited to prevent anti-competitive practices and industry consolidation.
May boost local economic development and tourism. by enabling the specific brewery to expand its business model, distribute its products more widely, and potentially create new jobs or attract more visitors to the area.
Establishes a legislative precedent for site-specific licensing exceptions,. signaling to other businesses and municipalities that similar statutory carve-outs may be possible, potentially leading to more requests for unique treatment elsewhere in the state.
Raises questions about fairness and broader policy consistency,. as granting this privilege to one property could create perceived or actual competitive advantages over other breweries or wholesalers who are still subject to the general prohibitions under state law.
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Who cares
Headline styles
Allow Restaurant Brewery to Distribute
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to commerce, economic development and small business
- Reported and committed to rules
- 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.
Let Restaurant Brewer Sell Wholesale
In Assembly Committee · Economic Development · Sponsor Kevin M. Byrne
Full text
19 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5581
2017-2018 Regular Sessions
IN SENATE
April 18, 2017
Introduced by Sen. MURPHY -- 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 authorizing a certain premises, licensed as a restaurant brewery, to also be licensed as a beer wholesaler
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 64-c of the alcoholic beverage control law is amended by adding a new subdivision 20 to read as follows:
20. Notwithstanding the provisions of subdivision six of this section or of subdivision thirteen of section one hundred six of this chapter, the authority may issue a restaurant brewer's license pursuant to this section for a premises which shall be located wholly within the town of Southeast, in the county of Putnam, bounded and described as follows:
ALL that certain plot, piece or parcel of land, situate in the Town of Southeast, County of Putnam and State of New York.
BEGINNING at a point on the northerly side of Argonne Road (a/k/a as Old Route #6) where the same is intersected the southwest corner of lands N/F Putnam County Italian-American Social Club, Inc. and which point is the most easterly point of the parcel hereto described:
THENCE from said point of beginning along the dividing line between the southerly side of lands N/F Partners Management, LLC. And the northerly side of Argonne Road, also known as Old Route #6, North 81 degrees 20 minutes 10seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to the southeast corner of lands N/F Kane;
THENCE along the southerly line of the parcel herein and the proposed northerly side of Argonne Road, (a/k/a as Old Route #6) South 88 degrees 43 minutes 17 seconds East 195.02 to the point and place of BEGINNING; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09783-01-7
S. 5581 2
ALL that certain plot, piece or parcel of land, situate, lying and being in the town of Southeast, County of Putnam and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Old Highway from Brewster to US Route #6 leading to Danbury at the southwest corner of land N/F Putnam County Italian-American Social Club, Inc.;
THENCE along said Old Highway, North 81 degrees 20 minutes 10 seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to a point;
THENCE North 06 degrees 49 minutes 20 seconds West 83.25 feet to a point on the southerly side of NY State Highway #5203 also known as NY Route #22 & US Route #6;
THENCE along said State Highway, North 67 degrees 06 minutes 10 seconds East 35.06 feet to a point and North 76 degrees 43 minutes 20 seconds East 240.80 feet to a point and land N/F Putnam County Italian- American Social Club, Inc.
THENCE along said land, South 21 degrees 37 minutes 10 seconds West 167.77 feet to the North side of Old Highway aforesaid at the point or place of BEGINNING.
§ 2. Subparagraph (x) of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as added by chapter 303 of the laws of 2016, is amended to read as follows:
(x) Notwithstanding any other provision of law to the contrary, the state liquor authority may issue a license under section fifty-one-a of this chapter to the owner and/or operator of the parcel described in this subparagraph. The legal description for the parcel so identified as the site is as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the city of Syracuse, County of Onondaga and State of New York being more particularly described as follows:
Beginning at a point in the easterly line of North Clinton Street, said point being approximately 518.65 feet southerly along the easterly line of North Clinton Street from its intersection with the southerly line of Division Street; thence N. 76° 43' 56" E. a distance of 133.65 feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a point; thence N. 71° 07' 02" E a distance of 16.99 feet to a point in the westerly line of Genant Drive; thence southeasterly along the westerly line of Genant Drive on a curve to the right with a radius of 643.94 feet, an arc length of 77.63 feet and a chord of S. 16° 43' 54" E. with a distance of 77.58' to the point of tangency; thence S. 13° 17' 52" E. a distance of 265.92 feet to a point; thence on a curve to the right with a radius of 55 feet, an arc length of 57.02 feet and a chord of S. 16° 23' 37" W. with a distance of 54.53 feet to the point of tangency; thence S. 59° 31' 29" W. a distance of 24.64 feet to a point; thence S. 71° 26' 56" W. a distance of 142.18 feet to a point in the easterly line of N. Clinton Street; thence N. 28° 09' 10" W. a distance of 364.86 feet to the point and place of beginning. Said parcel being approximately 1.99 acres. The aforesaid described parcel is also shown as Lot "1B" (331 Genant Drive) according to a map entitled "A Map of Resubdivision of a portion of Block D in the Original Village of Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State of New York, Known as 431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as Map No. 9408.
S. 5581 3
EXCEPTING AND RESERVING THEREFROM, a permanent easement and right-ofway benefiting Niagara Mohawk Power Corporation, its successors and assigns, upon and across that portion of the above described premises more particularly described as follows:
Beginning at a point in the easterly line of North Clinton Street, said point being approximately 518.65 feet southerly along the easterly line of North Clinton Street from its intersection with the southerly line of Division Street; thence N. 76° 43' 56" E. a distance of 133.65 feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a point; thence N. 71° 07' 02" E a distance of 16.99 feet to a point in the westerly line of Genant Drive; thence southeasterly along the westerly line of Genant Drive on a curve to the right with a radius of 643.94 feet, an arc length of 68.17 feet to a point which is the northeast corner of the Multi-Story Brick Building located on Lot "1B" (311 Genant Drive) as shown on a map entitled "A Map of a Resubdivision of a portion Of Block D in the Original Village of Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State of New York, known as 431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed in the Onondaga County Clerk's Office on May 28, 2002 as Map No. 9408 (the "Subdivision Map"); thence along the northerly line of said Multi-Story Brick Building S. 76° 52' 55" W. a distance 283.21 feet to the easterly line of North Clinton Street; thence N. 27° 59' 42" W. a distance of 9.8' to the point and place of beginning. Said easement and right-of-way shall be a permanent easement appurtenant, creating a property right which shall run with the land, for the purpose of ingress and egress by Niagara Mohawk Power Corporation, its successors and assigns to the benefited parcel, identified as the Ash Street Substation located on lot 1A (431 Genant Drive) as shown on the Subdivision Map, and to access, maintain, repair, replace and remove the transformer and containment pad and the two vaults, shown on the Subdivision Map, and any appurtenant facilities or other property of Niagara Mohawk Power Corporation located within said easement, provided that the Multi-Story Brick Building, stairs and two air conditioning units shown on the Subdivision Map and located in the easement area are part of the real property conveyed herein and shall not be deemed to be property of Niagara Mohawk Power Corporation.
ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its successors and assigns, from the parcel(s) described in this deed, the permanent right-of-way and easement to operate, maintain, replace and/or remove any and all existing gas and electric facilities, and all appurtenant facilities thereto, as are now erected upon the premises above described, including the full right, privileges and authority to cross lands of the party of the second part to gain access to said facilities, and also including the full right, privileges and authority to cut and remove all trees, structures, and other obstructions within the permanent right-of-way, together with the right to cut and remove any trees outside the permanent right-of-way which in the sole opinion of Niagara Mohawk Power Corporation, its successors and assigns, are deemed likely to interfere with or pose a hazard to the facilities, provided that the Multi-Story Brick Building, stairs and two air conditioning units shown on the Subdivision Map shall not be removed or modified by Niagara Mohawk Power Corporation, its successors and assigns, pursuant to this Right-of-Way and Easement.
ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its successors and assigns, the permanent right-of-way and easement to oper-
S. 5581 4
ate, maintain, build, construct, replace and/or remove electric and gas distribution facilities within ten (10) feet of the edge of any highway(s) abutting the premises herein deemed necessary by said Niagara Mohawk Power Corporation, its successors and assigns, said easement to include the full right, privilege and authority to cut and remove all trees, structures, and obstructions within said easement deemed necessary by Niagara Mohawk Power Corporation, provided that the Multi-Story Brick Building shown on the Subdivision Map shall not be removed or modified by Niagara Mohawk Power Corporation, its successors and assigns, pursuant to this right-of-way and easement[.]; or
§ 3. Subparagraph (x) of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as added by chapter 318 of the laws of 2016, is amended and a new subparagraph (xii) is added to read as follows:
[(x)] (xi) ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Greenburgh, County of Westchester and State of New York, being bounded and described as follows:
BEGINNING at a point on the easterly side of Saw Mill River Road where the same is intersected by the division line between premises hereinafter described and lands now or formerly of One Riverdale Ave. Development Co., Inc., said point being North 11 Degrees 23' 24" West 22.83 feet from the former North East corner of Saw Mill River Road and Hunter Lane;
THENCE along said division line, North 82 Degrees 18' 00" East 647.08 feet to land now or formerly of One Riverdale Ave. Development Co., Inc.;
THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of lands now or formerly of Hodes Daniels;
THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet, South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West 120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east side of Saw Mill River Road;
THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGIN- NING[.]; or
(xii) Notwithstanding any other provision of law to the contrary, the state liquor authority may issue a license under section fifty-three of this chapter to the owner and/or operator of the parcel described in this subparagraph. The legal description for the parcel so identified as the site is as follows:
ALL that certain plot, piece or parcel of land, situate in the Town of Southeast, County of Putnam and State of New York.
BEGINNING at a point on the northerly side of Argonne Road (a/k/a as Old Route #6) where the same is intersected the southwest corner of lands N/F Putnam County Italian-American Social Club, Inc. and which point is the most easterly point of the parcel hereto described:
THENCE from said point of beginning along the dividing line between the southerly side of lands N/F Partners Management, LLC. And the northerly side of Argonne Road, also known as Old Route #6, North 81 degrees 20 minutes 10 seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to the southeast corner of lands N/F Kane;
THENCE along the southerly line of the parcel herein and the proposed northerly side of Argonne Road, (a/k/a as Old Route #6) South 88 degrees 43 minutes 17 seconds East 195.02 to the point and place of BEGINNING; and
S. 5581 5
All that certain plot, piece or parcel of land, situate, lying and being in the town of Southeast, County of Putnam and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Old Highway from Brewster to US Route #6 leading to Danbury at the southwest corner of land N/F Putnam County Italian-American Social Club, Inc.;
THENCE along said Old Highway, North 81 degrees 20 minutes 10 seconds West 89.89 feet and South 85 degrees 03 minutes 00 seconds West 106.50 feet to a point;
THENCE North 06 degrees 49 minutes 20 seconds West 83.25 feet to a point on the southerly side of NY State Highway #5203 also known as NY Route #22 & US Route #6;
THENCE along said State Highway, North 67 degrees 06 minutes 10 seconds East 35.06 feet to a point and North 76 degrees 43 minutes 20 seconds East 240.80 feet to a point and land N/F Putnam County Italian- American Social Club, Inc.
THENCE along said land, South 21 degrees 37 minutes 10 seconds West 167.77 feet to the North side of Old Highway aforesaid at the point or place of BEGINNING.
§ 4. Subdivision 13 of section 106 of the alcoholic beverage control law, as separately amended by chapters 303 and 318 of the laws of 2016, is amended to read as follows:
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 authorizing a certain premises, licensed as a restaurant brewery, to also be licensed as a beer wholesaler
Purpose
This bill would authorize a certain restaurant brewer in the Village of Brewster, in Putnam County, to also hold a beer wholesalers license
Summary of provisions
Section one amends section 64-c of the Alcoholic Beverage Control Law to exempt a property in the town of southeast from the State's "three-tier" law.
Section two amends section subparagraph (x) of paragraph (a) of subdivision 1 of section 101 of the Alcoholic Beverage Control Law to exempt a property in the town of Southeast from the State's "three-tier" law. This will allow the owner to apply for a farm brewery license.
Section three amends section subparagraph (x) of paragraph (a) of subdivision 1 of section 101 of the Alcoholic Beverage Control Law to add a new subparagraph (xii) to exempt a property in the town of Southeast from the State's "three-tier" law. This will allow the owner to apply for a manufacturers or wholesalers license.
Section four amends subdivision 13 of section 106 of the Alcoholic Beverage Control Law to exempt a property in the town of Southeast with a retail liquor license from the State's "three-tier" law.
Section five establishes the effective date.
Justification
The current provisions of the Alcoholic Beverage Control Law prohibits manufacturers or wholesalers from having an interest, directly or indirectly, in any premise where alcohol is sold at retail. These provisions, established in 1934 following the repeal of Prohibition, created a "three-tier" system in the State to promote competition and growth of the industry. While this structure allowed the industry to flourish into what it is today, it now creates many obstacles to economic development, especially with the emergence of the craft beverage industry.
This bill would allow the owner of Bull & Barrel Brewery, located in Brewster in the town of Southeast, to utilize its current manufacturing facility to increase retail sales of its various types of craft beers. Bull & Barrel is one of the top destinations for dining and entertainment in the area providing patrons of all ages with a full dining menu, brewing tasting and tours, country western bands, line dancing and a banquet room for private parties. Patrons are able to enjoy their meal while viewing the active brewing process. This unique atmosphere has become a cultural pillar of the town, and has assisted in the economic revitalization of the area by employing over 100 individuals and attracting visitors to the local community.
The contributions Bull & Barrel have made to the economic revitalization of Brewster have been immense, and providing this exemption will allow the business to better meet the goals of Brewster's Urban Renewal Plan. Initiated after the closure of several businesses in the area, the plan seeks to increase tourism, population and quality of life for those in the downtown area. Bull & Barrel's business model achieves each of these goals, and providing this exemption will allow them to further promote the economic growth of the Brewster area.
Legislative history
New Bill
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
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