BILL NUMBER: S4905
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
licensing restrictions for manufacturers and wholesalers of alcoholic
beverages on licensees who sell at retail and for on-premises consump-
tion
 
PURPOSE:
To add parcels of land to the list of premises which are exempt from the
provisions of law which generally restrict manufacturers, wholesalers
and retailers from sharing an interest in a liquor license.
 
SUMMARY OF PROVISIONS:
This legislation makes technical amendments to the Alcoholic Beverage
Control Law to expand an existing tied house exemption in Saratoga and
Albany County.
 
JUSTIFICATION:
Since the 1930s, when Prohibition was repealed, New York State law has
restricted owners of alcohol manufacturer's licenses, wholesale licenses
and retail licenses from having an interest in each other. Known as the
"tied-house" laws, efforts have been made to modernize the law by
addressing these types of archaic ownership issues. In the meantime,
this bill exempts specific locations from these provisions of law to
Enable.
These provisions have been amended on occasion by exempting certain
properties to support local economic development goals. Exemptions, such
as the one provided by this bill, are narrowly tailored to prevent undue
market influence by identifying select parcels using metes and bounds
descriptions. A licensee can only make use of this kind of exemption if
each of its New York-based alcohol manufacturing, wholesale and retail
business parcels are exempted. The amendments in this legislation will
allow Common Roots Brewing Company, Inc., a family owned and operated
business located out of South Glens Falls, New York, to own and operate
their existing brewery at 58 Saratoga Avenue in South Glens Falls, open
a currently in construction brewery and related facilities across the
street in South Glens Falls, and also allow for the acquisition of Alba-
ny based C.H. Evans Brewing Co., Inc., one of New York's oldest brewer-
ies, by the Common Roots Brewing family of businesses. The legislation
will allow for the continuance of on premises licensing and services at
the locations, which will drive economic development and growth for
South Glens Falls and the Quackenbush neighborhood in Albany.
 
LEGISLATIVE HISTORY:
2023-24: S.7467
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This legislation will take effect immediately.

Statutes affected:
S4905: 106 alcoholic beverage control law, 106(13) alcoholic beverage control law