Bill Text: NY A08976 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to allowing restaurant-brewers to sell limited quantities of their product without the use of a wholesaler.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-17 - SIGNED CHAP.82 [A08976 Detail]

Download: New_York-2019-A08976-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8976

                   IN ASSEMBLY

                                     January 6, 2020
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Economic Development

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          allowing  restaurant-brewers to sell limited quantities of their prod-
          uct without the use of a wholesaler

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  5  of section 64-c of the alcoholic beverage
     2  control law, as amended by a chapter of the laws of 2019,  amending  the
     3  alcoholic  beverage  control  law  relating  to  expanding the amount of
     4  barrels that a restaurant brewer may sell  at  retail,  as  proposed  in
     5  legislative  bills  numbers  S.  5427 and A. 1971, is amended to read as
     6  follows:
     7    5. Such restaurant-brewer license shall in form and in substance be  a
     8  license  to the person specifically licensed to operate a restaurant and
     9  sell liquor at retail  to  be  consumed  on  the  premises  specifically
    10  licensed. Such license shall also be deemed to include a license to:
    11    (a)  sell  wine and beer at retail to be consumed under the same terms
    12  and conditions, without the payment of any additional fee; [and]
    13    (b) sell beer brewed on the premises to other retail licensees,  where
    14  such other retail license is held by the same person holding the restau-
    15  rant-brewer  license,  or  [to]  such other retail license is a commonly
    16  owned affiliate [licenses] license, provided  that  such  beer  is  sold
    17  through a New York state licensed beer wholesaler[.];
    18    (c)  sell[,  in  the  aggregate,] no more than two thousand barrels of
    19  beer brewed on the premises to other retail licensees, where such  other
    20  retail  [licensees  are]  license is not held by the same person holding
    21  the restaurant-brewer [licenses or are] license, and such  other  retail
    22  license  is  not a commonly owned affiliate [licenses] license, provided
    23  that such beer is sold through a New York  state  licensed  beer  whole-
    24  saler;  provided however such licensee may sell at wholesale without the
    25  use of a licensed beer wholesaler up to two  hundred  fifty  barrels  of
    26  those  two  thousand barrels to other retail licensees, where such other
    27  retail license is not held by the same person  holding  the  restaurant-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01446-02-0
        A. 8976                             2

     1  brewer  license,  and  such other retail license is not a commonly owned
     2  affiliate license; and
     3    (d)  sell[,  in  the  aggregate,] no more than two thousand barrels of
     4  beer brewed on the licensed premises at retail to a person for  consump-
     5  tion  in their home and at retail in bulk by the keg, cask or barrel for
     6  consumption and not for resale.
     7    § 2. This act shall take effect on the  same  date  and  in  the  same
     8  manner as a chapter of the laws of 2019, amending the alcoholic beverage
     9  control  law  relating to expanding the amount of barrels that a restau-
    10  rant brewer may sell at retail, as proposed in legislative bills numbers
    11  S. 5427 and A. 1971, takes effect.