Bill Text: NY S05440 | 2009-2010 | General Assembly | Amended
Bill Title: Allows a licensed winery or farm winery to sell wine for consumption upon the premises of a food festival except for an event conducted within a city with a population of one million or more.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-07-21 - VETOED MEMO.6711 [S05440 Detail]
Download: New_York-2009-S05440-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5440--C
Cal. No. 79
2009-2010 Regular Sessions
I N S E N A T E
May 5, 2009
___________
Introduced by Sens. VALESKY, AUBERTINE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Commerce,
Economic Development and Small Business -- reported favorably from
said committee and committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Commerce, Economic Development and Small Business
in accordance with Senate Rule 6, sec. 8 -- reported favorably from
said committee and committed to the Committee on Finance -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, passed by Senate and delivered to the
Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the alcoholic beverage control law, in relation to
allowing a licensed winery or farm winery to sell wine for consumption
upon the premises of a food festival
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 97 of the alcoholic beverage
2 control law, as amended by section 19 of part Z of chapter 85 of the
3 laws of 2002, is amended to read as follows:
4 1. (A) The liquor authority is hereby authorized to issue temporary
5 permits effective for a period not to exceed twenty-four consecutive
6 hours to authorize the sale of beer and wine manufactured in New York
7 state at outdoor or indoor gatherings, functions, occasions or events,
8 within the hours fixed by or pursuant to subdivision five of section one
9 hundred six of this chapter, during which alcoholic beverages may
10 lawfully be sold or served upon premises licensed to sell alcoholic
11 beverages at retail for on-premises consumption in the community in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11717-09-0
S. 5440--C 2
1 which is located the premises in which such gathering, function, occa-
2 sion or event is held. The fee for such permit shall be twenty-six
3 dollars. Such permit and the exercise of the privilege granted thereby
4 shall be subject to such rules of the liquor authority as it deems
5 necessary.
6 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
7 SION, AND EXCEPT FOR AN EVENT CONDUCTED WITHIN A CITY WITH A POPULATION
8 OF ONE MILLION OR MORE, THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE
9 TEMPORARY PERMITS TO A LICENSED WINERY OR FARM WINERY TO SELL WINE FOR
10 CONSUMPTION UPON THE PREMISES OF A FOOD FESTIVAL AT WHICH FOOD IS WIDELY
11 AVAILABLE, PROVIDED THAT SUCH WINERY APPLIES FOR, IS GRANTED AND MAIN-
12 TAINS REGISTRATION AS A PARTICIPANT IN SUCH FESTIVAL OR EVENT AND SUCH
13 WINE IS SOLD AND DISPENSED IN AMOUNTS OF EIGHT OUNCES OR LESS BY VOLUME
14 AND FURTHER PROVIDED THAT CONSUMPTION OF SUCH WINE SHALL BE ALLOWED TO
15 OCCUR ANYWHERE UPON THE PREMISES OF SUCH FESTIVAL OR EVENT UPON THE
16 WRITTEN PERMISSION OF THE CITY, TOWN OR VILLAGE IN WHICH SUCH FESTIVAL
17 EVENT IS HELD. NO FEE SHALL BE CHARGED FOR PERMITS ISSUED PURSUANT TO
18 THIS PARAGRAPH.
19 S 2. This act shall take effect immediately.
