New York State Assembly

 
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A02902 Summary:

A02902 Actions:

A02902 Committee Votes:

Committee:ECONOMIC DEVELOPMENT   Chair:Bronson      
DATE:02/14/2023AYE/NAY:24/0  Action: Favorable         
Bronson
Aye
Friend
Aye
Magnarelli
Aye
Morinello
Aye
Lupardo
Aye
Lemondes
Aye
Stirpe
Aye
Brown
Aye
Hyndman
Aye
Beephan
Aye
Jones
Aye
Maher
Aye
Stern
Aye
Novakhov
Aye
Buttenschon
Aye
Pirozzolo
Aye
Darling
Aye
Fahy
Aye
Burke
Absent
Lunsford
Aye
Sillitti
Aye
Tapia
Aye
Lucas
Excused
Cunningham
Aye
Simone
Aye
Zaccaro
Aye

A02902 Floor Votes:

A02902 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2902
 
SPONSOR: Cunningham

 
TITLE OF BILL:
 
An act to amend the alcoholic beverage control law, in relation to the
utilization of a pressurized mixing and dispensing system
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to authorize the sale of ready to drink
cocktails.
 
 
SUMMARY OF PROVISIONS:
 
This bill would amend paragraph (b) of section 106 of the ABC law to
allow for the preparation and on-premise consumption of alcohol beverag-
es that are dispensed and served via a pressurized draft system.
 
 
JUSTIFICATION:

The Alcoholic Beverage Control Law prohibits the storage and service of
pre-mixed drinks unless such drink is dispensed through a machine that
continually "agitates" the mixture. This limitation prevents newer tech-
nology that meets higher food safety and sanitation level.
 
Newer systems have been developed that are recyclable, tamper proof,
airtight kegs. Liter bottles are safely added to the unit with mix to
create cocktails, which are then dispensed by a common pressurized draft
system. The benefits of these systems are:
 
*the pressure from CO2 or nitrogen prevents growth of aerobic bacteria,
while also allowing the drink to be constantly and consistently mixed;
 
*the produced mixes have the required preserving agents that onsite
produced beverages lack; and,
 
*the commercially produced beverages are refined to the level that they
are colloid homogenous mixtures that do not require agitation, further-
ing the consistency of the mixed product.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill 2023.
 
 
FISCAL IMPLICATIONS:
 
Undetermined.
 
 
EFFECTIVE DATE:
*30-days after being signed into law

A02902 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2902
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Economic Development
 
        AN ACT to amend the alcoholic beverage control law, in relation  to  the
          utilization of a pressurized mixing and dispensing system
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 2 of section 106 of the  alco-
     2  holic beverage control law, as added by chapter 512 of the laws of 2000,
     3  is amended to read as follows:
     4    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     5  sion, a retail licensee for on-premises consumption may prepare and keep
     6  drinks containing alcoholic beverages  in  dispensing  machines,  having
     7  capacities  of not less than a gallon, which continually mix such drinks
     8  or utilizing a pressurized mixing and dispensing system.
     9    § 2. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08105-03-3

A02902 LFIN:

 
NO LFIN

A02902 Chamber Video/Transcript: