A01100 Summary:

BILL NOA01100B
 
SAME ASSAME AS S01227-B
 
SPONSORMagee
 
COSPNSRLupardo, Barrett, DiPietro
 
MLTSPNSRLopez
 
Amd 3, 56, 56-a & 83, add 52, 58-d & 77, ABC L
 
Relates to the licensing of custom beermakers, custom cidermakers and custom winemakers; defines terms; sets fees.
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A01100 Actions:

BILL NOA01100B
 
01/08/2015referred to agriculture
06/04/2015reference changed to economic development
06/10/2015amend (t) and recommit to economic development
06/10/2015print number 1100a
06/11/2015reported referred to codes
01/06/2016referred to economic development
02/09/2016reported referred to codes
02/25/2016reported referred to ways and means
06/07/2016amend (t) and recommit to ways and means
06/07/2016print number 1100b
06/14/2016reported referred to rules
06/14/2016reported
06/14/2016rules report cal.327
06/14/2016ordered to third reading rules cal.327
06/15/2016substituted by s1227b
 S01227 AMEND=B CARLUCCI
 01/09/2015REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
 03/30/2015REPORTED AND COMMITTED TO FINANCE
 04/22/20151ST REPORT CAL.400
 04/23/20152ND REPORT CAL.
 04/27/2015ADVANCED TO THIRD READING
 05/18/2015PASSED SENATE
 05/18/2015DELIVERED TO ASSEMBLY
 05/18/2015referred to agriculture
 01/06/2016died in assembly
 01/06/2016returned to senate
 01/06/2016REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
 01/25/2016AMEND (T) AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
 01/25/2016PRINT NUMBER 1227A
 02/09/2016REPORTED AND COMMITTED TO FINANCE
 04/11/20161ST REPORT CAL.574
 04/12/20162ND REPORT CAL.
 05/03/2016ADVANCED TO THIRD READING
 05/04/2016PASSED SENATE
 05/04/2016DELIVERED TO ASSEMBLY
 05/04/2016referred to agriculture
 06/07/2016RECALLED FROM ASSEMBLY
 06/07/2016returned to senate
 06/07/2016VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/07/2016AMENDED ON THIRD READING (T) 1227B
 06/14/2016REPASSED SENATE
 06/14/2016RETURNED TO ASSEMBLY
 06/14/2016referred to ways and means
 06/15/2016substituted for a1100b
 06/15/2016ordered to third reading rules cal.327
 06/15/2016passed assembly
 06/15/2016returned to senate
 11/02/2016DELIVERED TO GOVERNOR
 11/14/2016SIGNED CHAP.422
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A01100 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1100B
 
SPONSOR: Magee (MS)
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to beer centers, cider centers and incubator wine centers   PURPOSE: The purpose of this bill is to create a regulatory mechanism so that custom beermakers' centers, custom cidermakers' centers, and custom vvinemakers' centers (collectively "custom centers") can be established in this State and facilitate the ability of individuals to share space, equipment, and storage to produce quality beer, cider, and wine for home consumption, and not for sale or resale, as is currently allowed for under federal regulations.   SUMMARY OF PROVISIONS: Section 1: Amends the ABC Law section 3 to add definitions for "custom beermakers' center", "custom cidermakers' center", and "custom winemak- ers' center". Section 2: Adds ABC Law section 52 to create a new custom beermakers' center license that authorizes the operation of a custom beermakers' center facility to provide individuals with rental space (to make and store homemade beer), the use of equipment and storage facilities, and/or beer making supplies for the production of beer for personal household use and not for commercial use or resale purposes. It defines beer making supplies as products grown or produced in New York in quan- tity amounts as determined by the State Liquor Authority. A custom beermakers' center licensee would be authorized, if permitted by the Federal Alcohol and Tobacco Tax and Trade Bureau, (TTB) to conduct training classes on how to manufacture beer and conduct certain tastings of beer produced on the premises. Section 3: Provides an annual fee of $320 for custom beermakers' center license. Section 4: Provides for filing fees and refunds. Section 5: Adds a new ABC Law section 58-d to create a new custom cider- makers' center license that authorizes the operation of a custom cider- makers' center facility to provide individuals with rental space (to make homemade wines), the use of equipment and storage facilities, and/or fruit for the production of cider for personal household use and not for resale purposes. It defines fruit as apples or other pome fruits that are grown or produced in New York. A custom cider center licensee would be authorized, if permitted by the Federal TTB, to conduct train- ing classes on how to manufacture cider and conduct certain tastings of cider produced on the premises. The annual fee for an incubator beer center license is $320. Section 6: Adds a new ABC Law section 77 to create a new custom winemak- ers' center license that authorizes the operation of a custom winemak- ers' center facility to provide individuals with rental space, the use of equipment and storage facilities, and/or fruit for the production of wine for personal household use and not for resale purposes. It defines fruit as products grown or produced in New York. A custom winemakers' center licensee would be authorized, if permitted by the Federal TTB, to conduct training classes on how to manufacture wine and conduct certain tastings of wine produced on the premises. Section 7: Amends ABC Law section 83 to provide an annual fee of $320 for a custom winemakers' center license. Section 8 provides an effective date.   EXISTING LAW: Federal law deems that the home production of limited amounts of beer, cider, and wine, for home and personal consumption, to be exempt from federal licensing and registration requirements and taxation (i.e. it does not need to be produced by a bonded facility). Many states have adopted laws to allow for such custom beer/cider/winemakers' centers to be established or have deemed them to be authorized since they are exempt from federal jurisdiction. Under federal regulations, New York can adopt a law to authorize these custom beer/cider/winemakers' centers for them to be allowed to exist in this state.   JUSTIFICATION: This bill should help to facilitate the production of homemade beer, cider and wine. It encourages production of these beverages by allowing licensees to operate a licensed facility where individuals can rent space, equipment, and storage facilities to manufacture them for personal consumption. Further, assistance could be provided to these hobbyist beer, cider, and wine makers. This lowers the overhead costs for home or personal production and provides space for enthusiasts who do not have room where they live to produce homemade beer/cider or wine. In addition, such custom centers can conduct training courses on how to produce beer, cider, or wines. By providing these courses, as well as any ingredients that may be needed, the custom centers would increase the demand for locally grown fruits and beer ingredients, providing additional markets for New York farmers. For many urban and suburban residents, they often do not have appropri- ate space to make homemade beer, cider, or wine in their homes or apart- ments and purchasing equipment is cost prohibitive. Establishing the custom beer, cider or wine makers' centers would provide the kinds of facilities that these residents need. Such centers could also be located in villages and towns that are near local fruit farms or in cities, where there is a growing interest in producing homemade beer, cider, and wine. In addition, this bill may help to encourage expansion of the grape and other fruit growing industries, as well as hops and barley in this State. This is because it would increase the demand for locally grown New York agricultural products. This idea came from apple and grape farmers who wanted to establish such a Center on their farm so that they could increase the sales of their apple and grape crops. In addition, economic activity could be generated from the sale of beer, cider, and wine making supplies and leasing space for the making of homemade products. Further, by encouraging such custom beer, cider, or winemakers' centers to use locally grown or produced products, this may increase the demand for, and sales of, New York's commercially produced alcohol because they use the same products as these custom centers will use. It is hoped that by increasing the number of custom beer, cider and winemakers' centers, this will increase the "talent pool" of beer, cider, and wine makers available for employment in commercial facili- ties. Many home producers have "graduated" to working either full-time or part-time in already established commercial facilities. Further, some of these hobbyist alcoholic beverage makers have even gone on to establish their own breweries, cideries, and wineries to sell their products commercially. It is important to increase the overall skill and experience of beer, cider, and wine makers available for employment in this growing industry. Another benefit of this bill is to authorize current licensed manufac- turers to establish ancillary businesses to increase their overall profit margin. By enacting this bill into law, breweries, cideries, and wineries could increase the utilization of their otherwise idle equip- ment and facilities, increase sales of New York State products that are grown locally, but are not being utilized by commercial operations, and collect rent for their underutilized space within their facilities to individuals wishing to use a custom beer, cider or winemakers' center.   FISCAL IMPLICATIONS: None.   LOCAL FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: 180 days after it shall have become law.
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