STATE OF NEW YORK
________________________________________________________________________
6012--A
2007-2008 Regular Sessions
IN SENATE
June 1, 2007
___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- 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
establishing a farm distillery license
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 11-a to read as follows:
3 11-a. "Farm distillery" means and includes any place or premises
4 located on a farm in New York state in which liquor is manufactured and
5 sold, or any other place or premises in New York state in which liquor
6 is manufactured primarily from farm and food products, as defined in
7 subdivision two of section two hundred eighty-two of the agriculture and
8 markets law, and such liquor is sold.
9 § 2. Section 60 of the alcoholic beverage control law is amended by
10 adding a new subdivision 2-c to read as follows:
11 2-c. Distiller's license, class D.
12 § 3. Section 61 of the alcoholic beverage control law is amended by
13 adding a new subdivision 2-c to read as follows:
14 2-c. (a) A class D distiller's license shall authorize the holder of
15 such license, upon the premises of a farm distillery (i) to manufacture
16 liquor primarily from farm and food products, as defined in subdivision
17 two of section two hundred eighty-two of the agriculture and markets
18 law; (ii) to put such liquor into containers of not more than one quart
19 each, which containers shall then be sealed; (iii) to sell at wholesale,
20 for resale, such sealed containers of liquor to wholesale and retail
21 licensees and permittees; (iv) to sell in bulk, liquor manufactured by
22 such licensee to a winery or farm winery licensee, or to the holder of a
23 class A, A-1, B, B-1 or C distiller's license, or to a permittee engaged
24 in the manufacture of products which are unfit for beverage use; and (v)
25 to sell at retail, for personal use and not for resale, such sealed
26 containers of liquor to a customer visiting the licensed distillery,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13470-04-7
S. 6012--A 2
1 such sale to be made while the retail customer is physically present
2 upon the premises of the licensed distillery, and such sale to be
3 concluded by the customer's taking with him or her all of the sealed
4 containers of liquor purchased by the customer at the time the customer
5 leaves the licensed distillery.
6 (b) (i) The holder of a class D distiller's license shall not sell at
7 retail, for personal use and not for resale, sealed containers of liquor
8 manufactured by the licensee to a customer where the order is placed by
9 letter, telephone, fax or e-mail, or where the customer otherwise does
10 not place the order while the customer is physically present upon the
11 premises of the licensed distillery.
12 (ii) The holder of a class D distiller's license shall not sell at
13 retail, for personal use and not for resale, sealed containers of liquor
14 manufactured by the licensee to a customer where the contemplated sale
15 requires the licensee to transport or ship by common carrier, sealed
16 containers of liquor to a customer who will not take with him or her all
17 of the sealed containers of liquor purchased by the customer at the time
18 the customer leaves the licensed distillery.
19 (c) The holder of a class D distiller's license may conduct upon the
20 premises of the licensed distillery consumer tastings of liquor manufac-
21 tured thereon, subject to the following limitations:
22 (i) An official agent, servant or employee of the licensee shall be
23 physically present at all times during the conduct of the consumer tast-
24 ing of liquor.
25 (ii) No official agent, servant or employee of the licensee may
26 provide, directly or indirectly: (A) more than a total of three samples
27 of liquor for tasting to a person in one calendar day; or (B) a sample
28 of liquor for tasting equal to more than one-quarter fluid ounce.
29 (iii) Any liability stemming from a right of action resulting from a
30 consumer tasting of liquor authorized by this paragraph and in accord-
31 ance with the provisions of sections 11-100 and 11-101 of the general
32 obligations law, shall accrue to the licensee.
33 (d) Notwithstanding any other provision of this chapter, the holder of
34 a class D distiller's license that simultaneously holds a winery or farm
35 winery license on the same premises, place or parcel of land may share
36 and use the same tasting room facilities or tasting area to simultane-
37 ously conduct wine and liquor tastings of the wines and liquors that
38 such licensee is authorized to offer tastings and sales.
39 (e) Notwithstanding any other provision of law to the contrary, the
40 holder of a class D distiller's license may apply to the liquor authori-
41 ty for a license to sell beer, wine or liquor for consumption on the
42 premises in a restaurant operated as part of, or adjacent to, the
43 licensed farm distillery. All the provisions of this chapter relative to
44 licenses to sell beer, wine or liquor at retail for consumption on the
45 premises shall apply so far as applicable to such application.
46 (f) No holder of a class D distiller's license shall manufacture in
47 excess of thirty-five thousand gallons of liquor annually.
48 § 4. Section 66 of the alcoholic beverage control law is amended by
49 adding a new subdivision 2-c to read as follows:
50 2-c. The annual fee for distiller's license, class D, shall be one
51 hundred twenty-eight dollars.
52 § 5. This act shall take effect on the ninetieth day after it shall
53 have become a law. Provided that the state liquor authority is imme-
54 diately authorized and directed to promulgate any rules and regulations
55 necessary to implement the provisions of this act on its effective date.
END
