Establishes that persons licensed to sell wine may do so on the licensed premises under the auspices of an official agent of a farm winery, winery, wholesaler, importer, or retailer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A278
SPONSOR: Paulin TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
conducting wine tastings on licensed premises
PURPOSE OR GENERAL IDEA OF BILL:
To enable retail licensees to conduct wine tastings.
SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 80 of the alcoholic beverage
control law to include retailers in the list of individuals that may
conduct wine tastings.
Section two provides the effective date.
JUSTIFICATION:
Currently in New York State, farm wineries, wineries, wholesalers, and
importers are allowed to conduct wine tastings. These individuals are
able to charge a fee when conducting such wine tastings. However,
retailers are presently not authorized to conduct tastings. This bill
extends the right to conduct wine tastings and, as a result, to charge a
fee for such tastings to retailers.
LEGISLATIVE HISTORY:
2021 and 2022: A.800, Referred to Economic Development
2019 and 2020: A.334, Referred to Economic Development
2018: A.11129, Referred to Economic Development
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
278
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
conducting wine tastings on licensed premises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 80 of the alcoholic beverage
2 control law, as amended by chapter 221 of the laws of 2011, is amended
3 to read as follows:
4 1. Except as otherwise provided for in this chapter, any person
5 licensed to sell wine pursuant to this article, or section sixty-three
6 [or], section seventy-nine or section one hundred five of this chapter,
7 shall be permitted to conduct wine tastings only upon the licensed prem-
8 ises. Wine tastings which are conducted under the auspices of an offi-
9 cial agent of a farm winery, winery, wholesaler, [or] importer, or
10 retailer and where such agent is physically present at all times during
11 the conduct of the tasting, then, in that event, any liability stemming
12 from a right of action resulting from a wine tasting as authorized here-
13 in, and in accordance with the provisions of sections 11-100 and 11-101
14 of the general obligations law, shall accrue to the farm winery, winery,
15 wholesaler, [or] importer, or retailer.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02211-01-3
