STATE OF NEW YORK
________________________________________________________________________
7186
IN SENATE
January 10, 2020
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the alcoholic beverage control law, in relation to
allowing restaurant-brewers to sell limited quantities of their prod-
uct without the use of a wholesaler
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 64-c of the alcoholic beverage
2 control law, as amended by a chapter of the laws of 2019, amending the
3 alcoholic beverage control law relating to expanding the amount of
4 barrels that a restaurant brewer may sell at retail, as proposed in
5 legislative bills numbers S. 5427 and A. 1971, is amended to read as
6 follows:
7 5. Such restaurant-brewer license shall in form and in substance be a
8 license to the person specifically licensed to operate a restaurant and
9 sell liquor at retail to be consumed on the premises specifically
10 licensed. Such license shall also be deemed to include a license to:
11 (a) sell wine and beer at retail to be consumed under the same terms
12 and conditions, without the payment of any additional fee; [and]
13 (b) sell beer brewed on the premises to other retail licensees, where
14 such other retail license is held by the same person holding the restau-
15 rant-brewer license, or [to] such other retail license is a commonly
16 owned affiliate [licenses] license, provided that such beer is sold
17 through a New York state licensed beer wholesaler[.];
18 (c) sell[, in the aggregate,] no more than two thousand barrels of
19 beer brewed on the premises to other retail licensees, where such other
20 retail [licensees are] license is not held by the same person holding
21 the restaurant-brewer [licenses or are] license, and such other retail
22 license is not a commonly owned affiliate [licenses] license, provided
23 that such beer is sold through a New York state licensed beer whole-
24 saler; provided however such licensee may sell at wholesale without the
25 use of a licensed beer wholesaler up to two hundred fifty barrels of
26 those two thousand barrels to other retail licensees, where such other
27 retail license is not held by the same person holding the restaurant-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01446-02-0
S. 7186 2
1 brewer license, and such other retail license is not a commonly owned
2 affiliate license; and
3 (d) sell[, in the aggregate,] no more than two thousand barrels of
4 beer brewed on the licensed premises at retail to a person for consump-
5 tion in their home and at retail in bulk by the keg, cask or barrel for
6 consumption and not for resale.
7 § 2. This act shall take effect on the same date and in the same
8 manner as a chapter of the laws of 2019, amending the alcoholic beverage
9 control law relating to expanding the amount of barrels that a restau-
10 rant brewer may sell at retail, as proposed in legislative bills numbers
11 S. 5427 and A. 1971, takes effect.
