What's happening
This bill expands and aligns the privileges of New York farm distilleries, breweries, wineries, and cideries, allowing broader retail sales and tastings of New York State alcoholic beverages.
Why it matters
Helps Level the Playing Field for Small Producers. By aligning the privileges of farm distilleries, breweries, wineries, and cideries, the bill reduces regulatory disparities, making it easier for small operations to compete with larger or differently regulated producers.
Expands Consumer Access and Choice. Consumers can now purchase and taste a broader variety of New York State alcoholic beverages (beer, wine, cider, spirits) at more types of farm-based businesses, encouraging cross-promotion and supporting local agriculture.
Supports Rural and Agricultural Economies. By allowing farm producers to sell and serve a wider array of local beverages, the law could drive increased foot traffic, tourism, and sales at rural businesses, potentially boosting local economies and job creation.
Imposes Food Service Requirements for On-Premises Consumption. The law maintains or clarifies that establishments serving alcohol for on-site consumption must regularly offer food, ensuring consumer safety and potentially promoting responsible consumption.
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Who cares
Farm breweries
The bill would broaden on-premises sales of New York state labeled beverages from other licensed producers while requiring food for tastings and on-premises consumption.
Farm wineries
The bill would expand sales of New York state labeled beer, cider and liquor from specified licensed producers and allow on-premises consumption under additional tasting and sales privileges.
Farm cideries and farm distilleries
The bill would clarify beverage sales and food requirements while excluding associated restaurants, hotels and catering establishments from specified tasting and sales privileges.
Restaurants, hotels and caterers operated by farm breweries
The bill would replace their existing beer-and-cider sales authorization with cider-only authority, while allowing applications for licenses to sell other alcoholic beverages.
Headline styles
Expand Farm Alcohol Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1185
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to more closely align the privileges of farm distilleries with other privileges enjoyed by farmers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 25 of section 3 of the alcoholic beverage control law is amended to read as follows:
25. "Retail sale" or "sale at retail" means a sale to a consumer or to any person for any purpose other than for resale. Such sale may occur during a tasting or during any other activities where permitted by law.
§ 2. Subparagraphs (v) and (vii) of paragraph (a) of subdivision 2-c of section 61 of the alcoholic beverage control law, as amended by chapter 103 of the laws of 2017, are amended to read as follows:
(v) To conduct tastings of and sell at retail for consumption on or off the premises New York state labelled beer manufactured by [a licensed brewer] either a brewer licensed in New York state or [licensed farm brewery] a farm brewery licensed in New York state;
(vii) To conduct tastings of and sell at retail for consumption on or off the premises New York state labelled wine manufactured by either a licensed winery licensed in New York state or a licensed farm winery licensed in New York state.
§ 3. Paragraph (e) of subdivision 2-c of section 61 of the alcoholic beverage control law, as amended by chapter 431 of the laws of 2014, is amended to read as follows:
(e) Notwithstanding any other provision of law to the contrary, the holder of a farm distillery license may (i) sell at retail for consumption on the licensed premises[,]: any liquor manufactured by the licensee or any New York state labeled liquor, or any alcoholic beverage for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04894-01-9
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consumption on the licensed premises pursuant to this subdivision. Provided, however, 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 [compliment] 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: cheese, fruits, vegetables, chocolates, breads, mustards and crackers. All of the provisions of this chapter relative to licenses to sell liquor at retail for consumption on the premises shall apply so far as applicable to such licensee; and
(ii) operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises and sell at such place, in addition to any food items or other purchased items, at retail for consumption on the premises, only liquor manufactured by the licensee and any New York state labeled liquor. All of the provisions of this chapter relative to licenses to sell liquor at retail for consumption on [the] such premises shall apply so far as applicable to such licensee. Notwithstanding any other provision of law, the licensee may apply to the authority for a license under this chapter to sell other alcoholic beverages at retail for consumption on the premises at such establishment. The privileges contained in this subdivision shall not extend to the premises of a restaurant, hotel or catering establishment.
§ 4. Paragraphs (e) and (f) of subdivision 2 of section 76-a of the alcoholic beverage control law, paragraph (e) as amended by chapter 328 of the laws of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014, are amended to read as follows:
(e) sell at the licensed premises at retail for consumption on or off the licensed premises: cider and wine manufactured by the licensee or any other licensed farm winery[, and beer and spirits manufactured by any licensed farm brewery or farm distillery, at retail for consumption on or off the licensed premises]; New York state labeled cider manufactured by any of the following so long as it is licensed in New York state by a brewer, farm brewer, winery, cider producer, or a farm cidery; New York state labeled beer manufactured by either a brewer licensed in New York state or a farm brewery licensed in New York state; and New York state labeled liquor manufactured by either a distillery licensed in New York state or a farm distillery licensed in New York state;
(f) operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises and sell at such place, in addition to any food items or other permitted items, at retail for consumption on the premises, wine, cider and wine products manufactured by the licensee and any New York state labeled wine, New York state labeled cider or New York state labeled wine product. All of the provisions of this chapter relative to licenses to sell wine at retail for consumption on the premises shall apply so far as applicable to such licensee. Notwithstanding any other provision of law, the licensed winery may apply to the authority for a license under article four of this chapter to sell other alcoholic beverages at retail for consumption on the premises at such establishment. The privileges contained in paragraphs (e), (f), (g) and (h) of subdivision six of this
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section shall not extend to the premises of a restaurant, hotel or catering establishment.
§ 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a of the alcoholic beverage control law, paragraphs (e) and (f) as amended by chapter 571 of the laws of 2008, paragraph (g) as added by chapter 108 of the laws of 2012 and paragraph (h) as amended by chapter 384 of the laws of 2013, are amended to read as follows:
(e) Sell for consumption on or off the licensed premises New York state labelled liquors manufactured by the holder of a class A-1, B-1, or C distiller's license.
(f) Conduct tastings on the licensed premises of New York state labelled liquors manufactured by the holder of a class A-1, B-1, or C distiller's license or by a farm distillery licensed in New York state. All liquor tastings conducted pursuant to this paragraph shall be conducted in the same manner as tastings of brandy pursuant to section seventy-six-e of this article.
(g) Conduct tastings of and sell at retail for consumption on or off the licensed premises New York state labelled beer manufactured by either a [licensed] brewer licensed in New York state or a farm brewery licensed in New York state.
(h) Conduct tastings of and sell at retail for consumption on or off the licensed premises New York state labelled cider manufactured by [a] any of the following so long as it is licensed in New York state: a brewer licensed in New York state, [licensed] a farm brewery licensed in New York state, a winery, [licensed] farm winery, [licensed] cider producer or [licensed] farm cidery.
§ 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c of the alcoholic beverage control law, paragraph (f) as amended by chapter 431 of the laws of 2014 and paragraphs (h), (i) and (j) as amended by chapter 327 of the laws of 2016, are amended to read as follows:
(f) (i) if at the licensed premises, [conduct] the licensee conducts tastings of, [and sell] or sells at retail for consumption on or off the licensed premises, any cider manufactured by the licensee or any New York state labeled cider, or any alcoholic beverage for consumption on the licensed premises pursuant to paragraph (g), (h), (i), or (j) of this subdivision the licensee shall regularly keep food available for sale or service to its retail customers for consumption on the premises. Provided, [however,] further 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: (A) sandwiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or (B) 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 licensees selling cider at retail shall apply; and
(ii) operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises and sell at such place, in addition to any food items or other permitted items, at retail for consumption on the premises, only cider manufactured by the licensee and any New York state labeled cider. All of the provisions of this chapter relative to licensees to selling cider at retail shall apply. Notwithstanding any other provision of law, the
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licensed farm cidery may apply to the authority for a license under this chapter to sell other alcoholic beverages at retail for consumption on the premises at such establishment, but the privileges contained in paragraph (g), (h), (i), or (j) of this subdivision shall not extend to the premises of the restaurant, hotel, or catering establishment;
(h) conduct tastings of and sell at retail for consumption on or off the premises New York state labeled beer manufactured by [a licensed] either a brewery licensed in New York state or [licensed] a farm brewery licensed in New York state;
(i) conduct tastings of and sell at retail for consumption on or off the licensed premises New York state labelled wine manufactured by either a [licensed] winery licensed in New York state or [licensed] a farm winery licensed in New York state;
(j) conduct tastings of and sell at retail for consumption on or off the premises New York state labelled liquor manufactured by [a licensed] either a distiller licensed in New York state or [licensed] a farm distiller licensed in New York state; provided, however, that no consumer may be provided, directly or indirectly: (i) with more than three samples of liquor for tasting in one calendar day; or (ii) with a sample of liquor for tasting equal to more than one-quarter fluid ounce; and
§ 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of subdivision 2 of section 51-a of the alcoholic beverage control law, paragraph (e) as amended by chapter 328 of the laws of 2016, paragraphs (f), (h), (i), (k) and (l) as added by chapter 108 of the laws of 2012, paragraph (g) as amended by chapter 431 of the laws of 2014 and paragraph (j) as added and paragraphs (k) and (l) as relettered by chapter 384 of the laws of 2013, are amended to read as follows:
(e) [sell at the licensed premises beer and cider manufactured by the licensee or any other licensed farm brewery, and wine and spirits manufactured by any licensed farm winery or farm distillery, at retail for consumption on or off the licensed premises] (i) sell at retail for consumption on or off the licensed premises beer manufactured by the licensee, or New York state labelled beer manufactured by either a brewer licensed in New York state or a farm brewery licensed in New York state;
(ii) to conduct tastings of, and sell at retail for consumption on or off the licensed premises cider manufactured by the licensee, or New York state labelled cider manufactured by either a cidery licensed in New York state or a farm cidery licensed in New York state;
(iii) to conduct tastings of, and sell at retail for consumption on or off the licensed premises New York state labelled wine manufactured by either a winery licensed in New York state or a farm winery licensed in New York state; and
(iv) to conduct tastings of, and sell at retail for consumption on or off the licensed premises New York state labelled spirits manufactured by either a distillery licensed in New York state or a farm distillery licensed in New York state; provided, however, that no consumer may be provided, directly or indirectly: (A) with more than three samples of liquor for tasting in one calendar day; or (B) with a sample of liquor for tasting equal to more than one-quarter fluid ounce;
(f) [conduct tastings at the licensed premises of beer and cider manufactured by the licensee or any other licensed farm brewery;
(g) operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises and sell at such place, at retail for consumption on the premises, beer and cider manufactured by the licensee and any New York state labeled beer
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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 more closely align the privileges of farm distilleries with other privileges enjoyed by farmers
Purpose
To allow farm breweries, cideries, distilleries, and wineries to cross promote each others' products and to share a more similar set of privi- leges under the law.
Summary of provisions
Section 1: Amends subdivision five of section 25 of section 3 of the alcohol and beverage control law.
Section 2: Amends subparagraphs (v), (vi), and (vii) of paragraph (a) of subdivision 2-c of section 61 of the alcoholic beverage control law.
Section 3: Amends subparagraph (e), of subdivision 2-c of section 61 of the alcoholic beverage control law.
Section 4: Amends subparagraphs (e) and (f), of subdivision 2 of section 76-a of the alcoholic beverage control law.
Section 5: Amends subparagraphs (e)-(h) of subdivision 6 of section 76-a of the alcoholic beverage control law.
Section 6: Amends subparagraphs (f), (h), (i), and (j) of subdivision 2 of section 58-c of the alcoholic beverage control law.
Section 7: Amends subparagraphs (e)-(I) of subdivision 2 of section 51-a of the alcoholic beverage control law.
Section 8: States that the act shall take effect ninety days after this bill shall have become law.
Justification
New York State has seen dramatic job growth at small farm breweries, wineries and distilleries over the past seven years thanks to legisla- tive efforts to encourage investment in "buy local" economic development efforts. A major reason for the success of some of the country's best brewery, distillery, and winery trails has been the result of close collaboration and cross promotion by regional farms, wineries, brewer- ies, and distilleries. These trails celebrate the unique cultural herit- age, natural beauty, and agricultural products of their host region by linking all stages of production into one visitor experience. Such collaboration allows locals and tourists alike to experience all the facets of their favorite beverage's creation and more.
However, in New York State the ability for regional producers to collab- orate is limited. The laws that govern the production and retail licenses extended to farm breweries, wineries, cideries, and distiller- ies does not give each type of producer the same ability to sell or otherwise cross promote other New York State labelled or farm produced products. Their ability to cross promote different types of products is also limited to varying degrees depending on the type of licensee. By more closely aligning the privileges extended to each license type with each other, this bill will help New York State's regional and craft alcoholic beverage producers to cross promote and collaborate in new ways that were previously only available to out of state competitors. Allowing individual producers to find new ways to work together to promote and sell each others' products will help each to grow their business and will encourage tourism statewide. Also, because this bill targets farm licensees, any growth in their businesses will also grow the market for those New York State farm products that are needed for the production of alcoholic beverages.
Legislative history
2017-2018: S.5853A
Fiscal implications
To be determined
Effective date
This act shall take effect within 90 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.