Bill Text: NY A06404 | 2017-2018 | General Assembly | Amended

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Bill Title: Expands the number of barrels that a restaurant brewer may sell at retail.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-03-20 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [A06404 Detail]

Download: New_York-2017-A06404-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6404--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2017
                                       ___________
        Introduced by M. of A. ZEBROWSKI, COOK, LUPARDO, THIELE, D'URSO, PALMES-
          ANO,  LUPINACCI, HARRIS, BLAKE, CROUCH, STECK -- Multi-Sponsored by --
          M. of A. GIGLIO, MAGEE, McLAUGHLIN,  M. L. MILLER  --  read  once  and
          referred  to  the  Committee  on  Economic  Development  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          expanding the amount of barrels that a restaurant brewer may  sell  at
          retail
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 5, 12, 13, 14,  15,  16,  17,  18  and  19  of
     2  section  64-c  of  the  alcoholic beverage control law, subdivision 5 as
     3  amended by chapter 366 of the laws of 2012, subdivisions 12, 13, 14,  15
     4  and  16  as  added by chapter 538 of the laws of 1997, subdivision 17 as
     5  added by chapter 562 of the laws of 2006, subdivision  18  as  added  by
     6  chapter  181  of the laws of 2008 and subdivision 19 as added by chapter
     7  318 of the laws of 2016, are amended to read as follows:
     8    5. Such restaurant-brewer license shall in form and in substance be  a
     9  license  to the person specifically licensed to operate a restaurant and
    10  sell liquor at retail  to  be  consumed  on  the  premises  specifically
    11  licensed. Such license shall also be deemed to include a license to:
    12    (a)  sell  wine and beer at retail to be consumed under the same terms
    13  and conditions, without the payment of any additional fee; and
    14    (b) sell beer brewed on the premises to other retail licensees,  where
    15  such  license  is  held by the same person holding the restaurant-brewer
    16  license, or to commonly owned affiliate  licenses,  provided  that  such
    17  beer is sold through a New York state licensed beer wholesaler.
    18    (c)  sell, in the aggregate, no more than two thousand barrels of beer
    19  brewed on the premises to  other  retail  licensees,  where  such  other
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08983-04-7
        A. 6404--B                          2
     1  retail  licensees  are  not  held by the same person holding the restau-
     2  rant-brewer licenses or  are  not  commonly  owned  affiliate  licenses,
     3  provided  that  such beer is sold through a New York state licensed beer
     4  wholesaler;
     5    (d)  sell, in the aggregate, no more than two thousand barrels of beer
     6  brewed on the licensed premises at retail to a person for consumption in
     7  their home and at retail in bulk by the keg, cask or barrel for consump-
     8  tion and not for resale.
     9    [12. The liquor authority may in its discretion and  upon  such  terms
    10  and conditions as it may prescribe, issue to a licensed restaurant-brew-
    11  er  upon his application therefor a supplemental license authorizing the
    12  restaurant-brewer to sell beer brewed on the licensed premises at retail
    13  to a person for consumption in his home, at retail in bulk by  the  keg,
    14  cask  or barrel for consumption and not for resale at a clambake, barbe-
    15  cue, picnic, outing or other similar outdoor  gathering  at  which  more
    16  than  fifty  persons  are  assembled  and  at wholesale. Such additional
    17  license shall permit the sale of up to two hundred fifty barrels of beer
    18  per year. No person, who holds multiple licenses under this section  and
    19  applies for and receives multiple supplemental licenses, may sell, under
    20  those  supplemental  licenses,  in  the aggregate more than one thousand
    21  barrels of beer per year.
    22    13. For the exercise of the privilege  granted  by  such  supplemental
    23  license  issued  under  subdivision  twelve  of  this  section  there is
    24  assessed a fee to be paid by the licensee in the sum of  eleven  hundred
    25  twenty-five  dollars  per  three-year  period  plus a one hundred dollar
    26  filing fee and which fee shall be in addition to the fee provided for in
    27  this section for a restaurant-brewer license.
    28    14. An application for a supplemental license under subdivision  thir-
    29  teen of this section shall be in such form and shall contain such infor-
    30  mation  as shall be required by the liquor authority and shall be accom-
    31  panied by a check  or  draft  in  the  amount  required  by  subdivision
    32  thirteen of this section.
    33    15.]  12.  The  fee  for  an  original and a renewal restaurant-brewer
    34  license shall be fifty-eight hundred fifty dollars in  the  counties  of
    35  New  York, Kings, Bronx and Queens; forty-three hundred fifty dollars in
    36  the county of Richmond and in cities having a population  of  more  than
    37  one  hundred  thousand  and  less  than  one million; thirty-six hundred
    38  dollars in cities having a population of more than  fifty  thousand  and
    39  less  than  one  hundred  thousand;  and the sum of twenty-eight hundred
    40  fifty dollars elsewhere. Said license shall run for a  period  of  three
    41  years. In addition to the license fees provided for in this subdivision,
    42  there  shall  be  paid  to the authority with each initial application a
    43  filing fee of two hundred dollars and with each  renewal  application  a
    44  filing fee of one hundred dollars.
    45    [16.  A  restaurant-brewer  license  issued  under  this section and a
    46  supplemental license issued under this section shall run concurrently.
    47    17.] 13. (a) A licensee or his or her employee may serve small samples
    48  of beer or malt beverages he or she produces at  their  licensed  estab-
    49  lishments.
    50    (b) Each serving at such tasting shall be served only by the brewer or
    51  his  or  her  employee and shall be limited to three ounces or less of a
    52  brand of beer or malt beverage produced by the brewer and no consumer of
    53  legal age shall be provided or given more  than  two  servings  of  such
    54  brands offered for tasting.
    55    (c)  The authority is authorized and directed to promulgate such rules
    56  and regulations, as it deems necessary or appropriate to  implement  the
        A. 6404--B                          3
     1  provisions of this subdivision to protect the health, safety and welfare
     2  of the people of this state.
     3    [18.]  14.  Notwithstanding  the provisions of subdivision six of this
     4  section or of subdivision thirteen of section one hundred  six  of  this
     5  chapter,  the authority may issue a restaurant brewer's license pursuant
     6  to this section for a premises which shall be located wholly within  the
     7  town  of  Ulster,  county  of  Ulster,  state  of  New York, bounded and
     8  described as follows:
     9    ALL that certain plot, piece or parcel of land with the buildings  and
    10  improvements  thereon  erected,  situate, lying and being in the Town of
    11  Ulster, County of  Ulster  and  the  State  of  New  York,  bounded  and
    12  described as follows:
    13    BEGINNING  at  a point on the Northeasterly side of City View Terrace,
    14  said point being the Westerly corner of the lands of the  State  of  New
    15  York  and  a Southwesterly corner of the herein described parcel; THENCE
    16  from said point of beginning along the Northeasterly side of  City  View
    17  Terrace,  North  43 degrees 36 minutes 03 seconds West, 109.02 feet to a
    18  point on the Southeasterly side of Forest Hill Drive; THENCE  along  the
    19  Southeasterly  side  of  Forest  Hill  Drive  the  following  course and
    20  distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to  a
    21  point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
    22  a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
    23  to  a  point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40
    24  feet to a point; THENCE North 62 degrees 37  minutes  26  seconds  East;
    25  115.94  feet  to  a point; THENCE North 79 degrees 39 minutes 26 seconds
    26  East, 47.82 feet to a point; THENCE  North  45  degrees  16  minutes  41
    27  seconds  East, 63.33 feet to a recovered bar; THENCE along the bounds of
    28  lands of now or formerly Skytop Village Associates, L. 1916-P. 134,  the
    29  following  courses and distances, South 37 degrees 08 minutes 02 seconds
    30  East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
    31  02 seconds East, 90.63 feet to a  point;  THENCE  North  77  degrees  23
    32  minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
    33  degrees  29  minutes  58  seconds  East, 297.09 feet to a recovered bar;
    34  THENCE South 63 degrees 30 minutes 02 seconds East,  108.50  feet  to  a
    35  recovered  bar;  THENCE  along  the  bounds  of lands of now or formerly
    36  Robert D. Sabino, L. 1487-P. 397, and  along  a  stone  wall,  South  32
    37  degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE leav-
    38  ing  said stone and along the bounds of lands of now or formerly Stanley
    39  Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26  seconds  West,
    40  264.62 feet to a point; THENCE along the bounds of lands of Summit Prop-
    41  erties,  LLC,  L. 2856-P. 82, the following courses and distances, North
    42  41 degrees 29 minutes 34 seconds West, 50.00 feet  to  a  point;  THENCE
    43  South  71  degrees  10  minutes  26 seconds West, 89.84 feet to a point;
    44  THENCE South 59 degrees 51 minutes 26 seconds West,  251.72  feet  to  a
    45  point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20 feet to
    46  a point; THENCE along the bounds of lands of said State of New York, the
    47  following  courses and distances, North 56 degrees 41 minutes 34 seconds
    48  West, 168.79 feet to a point; THENCE North  75  degrees  51  minutes  34
    49  seconds West, 254.10 feet to the point and place of beginning. Being the
    50  same premises as conveyed to Skytop Motel, LLC by deed of Stewart Title,
    51  as  agent  of  the grantor, Skytop Motel, Inc., dated April 29, 2003 and
    52  recorded in the office of the Ulster County Clerk on June  10,  2003  as
    53  document no. 2003-00016207, Receipt no. 48178, Bk-D VI-3621, pg-171.
    54    [19.]  15.  Notwithstanding  the provisions of subdivision six of this
    55  section or of subdivision thirteen of section one hundred  six  of  this
    56  chapter,  the authority may issue a restaurant brewer's license pursuant
        A. 6404--B                          4
     1  to this section for a premises which shall be located wholly within  the
     2  city of Peekskill, county of Westchester, state of New York, bounded and
     3  described as follows:
     4    Any  such  premises  or business located on all that certain parcel of
     5  land situate in the City of Peekskill, County of Westchester  and  State
     6  of  New  York,  that  is  a  portion  of Parcel I as it is shown on that
     7  certain map entitled, "Survey . . at Charles Point . . " which was filed
     8  in the Westchester County Clerk's Office on October 23, 1980 as Map  No.
     9  20407 that is bounded and described as follows:
    10    BEGINNING at a point on the easterly shoreline of the Hudson River and
    11  within  the bounds of the said Parcel I as it is shown on the said Filed
    12  Map NO. 20407, which point occupies coordinate position:
    13    North 464418.83 (y)
    14    East 607401.00 (x)
    15    of the New York State Coordinate System, East Zone and which point  is
    16  distant,  the  following courses from the southerly corner of the Parcel
    17  shown on Map No. 20407 that occupies coordinate position
    18    North 463520.804 (y)
    19    East 608470.681 (x)
    20    of the aforesaid New York State Coordinate System, East Zone:
    21    North 47 degrees 30' 36" West 856.60 feet,
    22    North 77 degrees 10' 53" West 488.18 feet,
    23    North 41 degrees 17' 53" West 113.32 feet and
    24    North 41 degrees 50' 16" East 169.08 feet;
    25    THENCE from the said point of beginning along the said easterly shore-
    26  line (high water mark) of the east bank of the Hudson River:
    27    Due North 16.17 feet,
    28    North 53 degrees 58' 22" West 13.60 feet,
    29    North 73 degrees 04' 21" West 24.04 feet,
    30    North 63 degrees 26' 06" West 22.36 feet,
    31    North 82 degrees 18' 14" West 37.34 feet,
    32    North 64 degrees 47' 56" West 37.58 feet,
    33    South 82 degrees 52' 30" West 16.12 feet,
    34    North 61 degrees 41' 57" West 14.76 feet and
    35    South 21 degrees 48' 05" West 9.71 feet;
    36    THENCE leaving the high water mark and running across a  peninsula  of
    37  land and along the division line between Parcel I and Parcel II as shown
    38  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
    39  another  point  on  the said easterly shoreline (high water mark) of the
    40  East Bank of the Hudson River;
    41    THENCE northerly along the said high water mark, the following  cours-
    42  es:
    43    North 3 degrees 00' 46" West 17.54 feet,
    44    North 13 degrees 45' 39" West 50.45 feet,
    45    North 10 degrees 49' 23" West 69.23 feet,
    46    North  0 degrees 47' 22" West 52.48 feet to a point which is the point
    47  of beginning of the hereinafter described 40 foot easement  which  point
    48  occupies coordinate position
    49    North 464676.48 (y)
    50    East 607189.28 (x)
    51    of the New York State Coordinate System, East Zone;
    52    THENCE  continuing  along the aforesaid easterly shoreline (high water
    53  mark) of the East Bank of the Hudson, the following courses:
    54    North 10 degrees 18' 17" West 23.91 feet,
    55    North 39 degrees 04' 58" West 21.39 feet,
    56    North 20 degrees 13' 30" West 21.74 feet,
        A. 6404--B                          5
     1    North 39 degrees 02' 08" West 95.27 feet,
     2    North 13 degrees 08' 02" West 30.81 feet,
     3    North 18 degrees 26' 06" West 53.76 feet,
     4    North 28 degrees 10' 43" West 63.53 feet,
     5    North 18 degrees 26' 06" West 50.60 feet,
     6    North 37 degrees 14' 05" West 31.40 feet,
     7    North 21 degrees 15' 02" West 96.57 feet,
     8    North 32 degrees 00' 19" West 47.17 feet,
     9    North 1 degree 18' 07" West 44.01 feet and
    10    North  17  degrees 14' 29" East 29.32 feet to a point on the southerly
    11  line of lands under lease to the County of Westchester (Resco Site);
    12    THENCE along the said County of Westchester (Resco  Site)  lands:  Due
    13  East  432.31  feet  to a point on the westerly line of an easement and a
    14  right-of-way leading to Charles Point Avenue;
    15    THENCE along the said westerly and  southwesterly  line  of  the  said
    16  right-of-way  leading to Charles Point Avenue: Due South 241.16 feet and
    17  South 27 degrees 13' 00" East 406.90 feet to a point;
    18    THENCE leaving the said easement and running along other lands now  or
    19  formerly  of  The City of Peekskill Industrial Development Agency, South
    20  41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly
    21  shoreline (high water mark) of the East Bank of the Hudson River and the
    22  point or place of beginning.
    23    TOGETHER  with an easement over all that parcel of land situate in the
    24  City of Peekskill, County of Westchester and State of New York  that  is
    25  more particularly bounded and described as follows:
    26    BEGINNING at a point on the westerly line of Charles Point Avenue with
    27  the  said westerly line is intersected by the line dividing the easement
    28  herein described on the south from lands under lease to  the  County  of
    29  Westchester  (Resco  Site)  on the north which point occupies coordinate
    30  position:
    31    North 464719.99 (y)
    32    East 608004.15 (x)
    33    of the New York State Coordinate System, East Zone;
    34    THENCE from the said point  of  beginning  southerly  along  the  said
    35  westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West
    36  103.48 feet to a point;
    37    THENCE westerly along other lands of the City of Peekskill  Industrial
    38  Development Agency: Due West 396.44 feet to a point which is the easter-
    39  ly most corner of the lands of Point Associates, the grantee herein;
    40    THENCE  along  the  northeasterly  line  of the said Point Associates'
    41  land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16
    42  feet to a point on the southerly line of the aforementioned lands leased
    43  to the County of Westchester (Resco Site);
    44    THENCE easterly along the said southerly line Due East 75.00 feet to a
    45  point;
    46    THENCE southeasterly and easterly still along the said lands leased to
    47  the County of Westchester (Resco Site) the following courses:
    48    Due South 223.00 feet,
    49    South 27 degrees 13' 00" East 314.87 feet and
    50    Due  East  390.14  feet to the aforementioned westerly line of Charles
    51  Point Avenue and the point or place of BEGINNING.
    52    TOGETHER WITH a non-exclusive easement for utilities, and ingress  and
    53  egress over that certain right of way leading from Charles Point Avenue,
    54  now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly
    55  direction to the above described premises and as more fully described in
    56  the Declaration of Easement recorded in Liber 8888 cp 35.
        A. 6404--B                          6
     1    § 2. This act shall take effect on the thirtieth day  after  it  shall
     2  have  become  a  law; provided, however effective immediately, the addi-
     3  tion, amendment and/or repeal of any rule or  regulation  necessary  for
     4  the  implementation of this act on its effective date are authorized and
     5  directed to be made and completed on or before such effective date.