NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9694A
SPONSOR: Buttenschon TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
authorizing a temporary permit for a brewer to sell or offer beer at
certain locations
PURPOSE:
To allow F.X. Matt Brewing Company, located in the City of Utica, in the
County of Oneida, to serve beer at their annual Boilermaker race and
festival.
SUMMARY OF PROVISIONS:
Section one amends section 97 of the alcoholic beverage control law to
add a new subdivision 5 to allow a brewer, once a year and after obtain-
ing a permit under this section, to sell or offer at no cost, beer
beginning at 8:00 a.m. and ending at the hours fixed by or pursuant to
subdivision 5 of section 106 of this chapter, at two locations in the
City of Utica, County of Oneida.
Section two amends section 106 subdivision 5 of the alcoholic beverage
control law to further clarify, and cross reference in this section,
that the temporary permit established in section one is not governed by
existing law.
Section three amends section 117-a of the alcoholic beverage control law
adding a new subdivision 6 to further clarify, and cross reference in
this section, the authorization provided for in section one.
Section four provides for an immediate effective date.
EXISTING LAW:
This authority has existed for years but was inadvertently repealed in
Chapter 524 of the Laws of 2023.
JUSTIFICATION:
F.X. Matt Brewing Company, a local brewery based in Utica, holds an
annual Boilermaker race through the City of Utica on the second Sunday
in July each year. After the completion of the Boilermaker race, F.X.
Matt Brewing Company distributes both alcoholic and non-alcoholic bever-
ages at no cost to the spectators and participants in the race.
Held in the parking lot of the brewery, this event provides F.X. Matt
Brewing Company the opportunity to showcase their products to the local
community and visitors from across New York State. The Boilermaker race
and festival serves as a vehicle for economic development for the Mohawk
Valley and provides revenue for local businesses in Utica and across
Central New York.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9694--A
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing a temporary permit for a brewer to sell or offer beer at
certain locations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 97 of the alcoholic beverage control law is amended
2 by adding a new subdivision 5 to read as follows:
3 5. The authority is authorized to allow a brewer, once per annum, and
4 after the property owner obtains a permit under this section, to sell or
5 offer at no cost beer, beginning at eight antemeridian and ending at the
6 hours fixed by or pursuant to subdivision five of section one hundred
7 six of this chapter, at the following two locations in the city of
8 Utica, county of Oneida, and bounded and described as follows:
9 PARCEL I
10 Beginning at the northwest corner of the beer storage building at the
11 corner of Edward Street and Wasmer Street and proceeding northerly for a
12 distance of 76 feet 1 inch; thence 128 feet 5 inches easterly along
13 Wasmer Street; thence continuing along said Wasmer Street northeasterly
14 for a distance of 202 feet 10 inches to the corner of Wasmer Street and
15 Hamilton Street.
16 Thence northerly along Hamilton Street for a distance of 46 feet 8 inch-
17 es to the intersection of Columbia Street. Thence northwesterly along
18 Columbia Street for a distance of 233 feet 6 inches. Thence southwester-
19 ly for a distance of 77 feet 7 inches to a fence. Thence northwesterly
20 for a distance of 62 feet and thence southwesterly a distance of 10 feet
21 6 inches to the southeastern corner of the brewery garage.
22 Thence, following the garage's perimeter: first in a southwesterly
23 direction for a distance of 133 feet 2 inches to the southwest corner of
24 the garage; thence in a northwesterly direction for a distance of 22
25 feet 5 inches; and thence in a northeasterly direction for a distance of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15005-10-4
A. 9694--A 2
1 11 feet 2 inches, then in a northwesterly direction for a distance of
2 100 feet, to a fence just before the sidewalk on Schuyler Street; thence
3 southwesterly for a distance of 234 feet 5 inches to the Brewery main
4 complex.
5 Thence following the perimeter of the brewery complex buildings south-
6 east for a distance of 82 feet 8 inches, northeasterly for a distance of
7 81 feet 11 inches; thence southeasterly for a distance of 85 feet 3
8 inches; thence northeasterly for a distance of 21 feet 6 inches; and
9 thence southeasterly for a distance of 96 feet 8 inches to the north-
10 western corner of the shipping office.
11 From the northwestern corner of the shipping office, southeasterly for a
12 distance of 33 feet 9 inches; thence southwesterly for a distance of 37
13 feet 8 inches; thence southeasterly for a distance of 65 feet 8 inches;
14 thence southerly for a distance of 27 feet 4 inches; thence easterly for
15 a distance of 33 feet, to the point or place of beginning.
16 PARCEL II
17 Beginning at the iron fence which is 26 feet northwest of the southwest
18 corner of the tour center on Court Street; thence 66 feet, 7 inches
19 northeast, 11 feet 7 inches northwest to the west corner of the tour
20 center parking lot stairs. Proceeding northeasterly 71 feet 10 inches,
21 thence northwesterly 19 feet 10 inches to the southeastern corner of the
22 boiler room building. Thence northwesterly 161 feet; south by southwest
23 80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to
24 the point or place of beginning.
25 § 2. Paragraph (a) of subdivision 5 of section 106 of the alcoholic
26 beverage control law, as amended by section 1 of part FF of chapter 55
27 of the laws of 2020, is amended to read as follows:
28 (a) Except as provided in paragraph (c) of this subdivision, on
29 Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to
30 a permit issued under section ninety-nine-h or subdivision five of
31 section ninety-seven of this chapter.
32 § 3. Section 117-a of the alcoholic beverage control law is amended by
33 adding a new subdivision 6 to read as follows:
34 6. The provisions of this section shall not apply to the holder of a
35 temporary permit under subdivision five of section ninety-seven of this
36 chapter.
37 § 4. This act shall take effect immediately.
