Cuomo calls for major changes to state Beverage Control Law

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Gov. Andrew Cuomo visited Rochester Wednesday to push for changes to the state’s 80-year-old Alcoholic Beverage Control Law that Cuomo called “the most bizarre, arcane, frustrating, maddening law.”

“This law has been impossible. For years we’ve been tinkering around the edges,” Cuomo said before a ribbon-cutting ceremony at Three Heads Brewing on Atlantic Ave.

The new $4 million facility includes a 15,000-square-foot space for brewing, a 30-barrel fermenter, and a 2,100-square-foot tasting room.

“We, as brewers applaud the actions of Gov. Cuomo and his administration. His legislation has made it easier for us to do business in New York state and has spurred the growth of the brewing industry,” said Three Heads CEO Dan Nothnagle.

Cuomo’s proposed legislation is the result of a working group formed to develop recommendations to modernize the laws governing the manufacturing, wholesale and retail of alcoholic beverages in the state.

“These laws should have been reformed 80 years ago. They should definitely be reformed this year,” he said, calling on the state Legislature to act on his proposal before the current session ends in about five weeks.

Since 2011, New York state has implemented several significant reforms and expanded programs to grow the craft beverage industry, including creating new farm-based manufacturing licenses, launching a $60 million promotional campaign, and hosting wine, beer and spirits summits across the state.

The state now has nearly 900 wineries, breweries, distilleries and cider makers. Since 2015, 177 new manufacturing licenses have been issued, including 15 cidery licenses, 42 distilleries, 29 winery licenses and 91 brewery licenses. Combined with distribution and retail, producers account for more than $27 billion in economic impact and support tens of thousands of jobs statewide, according to Cuomo’s office.
Cuomo’s proposed legislation would amend the existing law to include the following:

• Expand Sunday sales: Current law limits the on-premises sale of alcohol at restaurants, bars and taverns to before noon on Sunday. The legislation would create a permit to allow the establishments to serve between 8 a.m. and noon on Sundays.
• Modernize the licensing process: Currently, the law prohibits liquor licenses within 200 feet of a church or school. But sometimes those schools and churches support the license application. Cuomo’s proposal wants to give the Liquor Authority the discretion to consider license applications within the 200-foot limit.
• Paperwork reduction: In 2012 Cuomo ended the state’s policy prohibiting multiple manufacturing licenses at the same location because of the burdens it placed on a winery, for example, that wanted to also make whiskey. But businesses holding multiple licenses must still file paperwork and renewals for each separate license. Cuomo’s legislation would combine craft manufacturing licenses into one application to reduce paperwork.
• Authorize the sale of wine in growlers: Current law requires that wine sold for off-premises consumption must be kept in their original container and prohibits wineries from filling growlers. Cuomo’s proposal would allow wineries to fill growlers and let customers take home partially finished bottles of wine.
• Reduce fees for craft beverage sales people: The law now requires sales people employed by a manufacturer or wholesaler to have a permit and a bond. The proposed legislation would reduce the fee for the permit and eliminate the bond requirement.
• Reduced fees for small wholesalers: The proposed legislation would amend the law to create a low-cost importer’s license that would be available to wholesalers who sell only to other wholesalers.