Bill Text: NY S07793 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to authorizing custom liquor production for a non-licensed individual by farm distilleries; establishes conditions for such production including that such custom liquor shall not be offered for sale.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A10128A [S07793 Detail]

Download: New_York-2017-S07793-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7793--A
                    IN SENATE
                                    February 26, 2018
                                       ___________
        Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment  and  Small  Business  --  committee  discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  custom liquor production for a non-licensed individual by
          farm distilleries
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Section  61  of  the  alcoholic beverage control law is
     2  amended by adding a new subdivision 8 to read as follows:
     3    8. Notwithstanding any other provision of law to the contrary, a  farm
     4  distillery  licensed  under subdivision two-c of this section may engage
     5  in custom liquor production for  a  non-licensed  individual  under  the
     6  following conditions:
     7    (a)  the  licensee may allow such non-licensed individual to assist in
     8  the production of such custom liquors;
     9    (b) the licensee shall only sell such custom liquor  to  such  non-li-
    10  censed  individual for that individual's personal or family use, and not
    11  for resale;
    12    (c) the brand label of such custom liquor shall clearly state that the
    13  product is not for resale;
    14    (d) such custom liquor shall not  be  offered  for  sale  pursuant  to
    15  section ninety-nine-g of this chapter;
    16    (e)  any  tastings  conducted  pursuant  to  this subdivision shall be
    17  subject to the provisions of paragraph (c) of subdivision two-c of  this
    18  section;
    19    (f)  the  licensee  or  an  employee or agent of the licensee shall be
    20  present at all times when the non-licensed individual  is  assisting  in
    21  the production of the custom liquor;
    22    (g)  the  licensee  shall be responsible for obtaining approval of the
    23  liquor's brand label pursuant to section one  hundred  seven-a  of  this
    24  chapter  and  the  payment  of all taxes due before the custom liquor is
    25  delivered to the non-licensed individual;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14658-06-8
        S. 7793--A                          2
     1    (h) any custom liquor produced under this subdivision must  be  a  New
     2  York labelled liquor as defined in subdivision twenty-c of section three
     3  of this chapter; and
     4    (i) any custom liquor produced under this subdivision shall be counted
     5  toward the maximum production limit set forth in paragraph (f) of subdi-
     6  vision two-c of this section.
     7    §  2.  This  act  shall take effect on the sixtieth day after it shall
     8  have become a law. Effective immediately, the addition, amendment and/or
     9  repeal of any rule or regulation necessary  for  the  implementation  of
    10  this  act  on its effective date are authorized to be made and completed
    11  on or before such effective date.