Bill Text: NY S01434 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to certain farm wineries, farm breweries, farm distilleries, and farm cideries whose business includes agricultural tourism.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-02-12 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01434 Detail]

Download: New_York-2019-S01434-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1434
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced by Sens. RITCHIE, GALLIVAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Agriculture
        AN  ACT to amend the agriculture and markets law, in relation to certain
          farm wineries, farm breweries, farm distilleries,  and  farm  cideries
          whose business includes agricultural tourism
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of  section  305-a  of  the  agriculture  and
     2  markets law is amended by adding a new paragraph d to read as follows:
     3    d.  For  farm  wineries,  farm  breweries, farm distilleries, and farm
     4  cideries in an approved agricultural district  whose  business  includes
     5  agricultural  tourism as defined in subdivision fifteen of section three
     6  hundred one of this article and who were developed and induced with  the
     7  assistance  of the empire state development corporation, the commission-
     8  er, in consultation with the New York state liquor authority and  empire
     9  state  development  corporation, may make a determination at the request
    10  of a farm winery, farm brewery, farm distillery, or farm  cidery  as  to
    11  whether  marketing activities and other related practices are "unreason-
    12  ably restricted" by proposed changes  in  local  land  use  regulations,
    13  ordinances,  or  local laws or reviewing a permit pertaining to agricul-
    14  tural practices. For  purposes  of  this  section  "farm  operation"  as
    15  defined in subdivision eleven of section three hundred one of this arti-
    16  cle, shall also include food sales, on-farm wedding receptions, parties,
    17  and  special  events  (including, but not limited to, harvest festivals,
    18  charitable events, and wine, beer, cider and distilled spirits tastings)
    19  at which such farm winery, farm brewery, farm distillery, or farm cidery
    20  sells, markets, or offers for sale its crop including, but  not  limited
    21  to  wines,  beers,  cider,  or distilled spirits. "Farm operation" shall
    22  also include the purchasing of crops between farms located in New York.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04977-01-9
        S. 1434                             2
     1    § 2. Subdivision 15 of section 301 of the agriculture and markets law,
     2  as amended by chapter 87 of the laws of 2010,  is  amended  to  read  as
     3  follows:
     4    15.  "Agricultural tourism" means activities, including the production
     5  of maple sap and pure maple  products  made  therefrom,  and  activities
     6  related  to  the purchasing, selling, marketing, and production of wine,
     7  beer, cider, distilled spirits, and other New York state farm  products,
     8  by  farm wineries, farm breweries, farm distilleries, and farm cideries,
     9  conducted by a farmer on-farm for the enjoyment and/or education of  the
    10  public,   which  primarily  promote  the  sale,  marketing,  production,
    11  harvesting or use of the products of the farm and enhance  the  public's
    12  understanding and awareness of farming and farm life.
    13    §  3.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.