RSS

Category Archives: Legislation/Regulation

New state laws aid farm breweries/wineries

18 Jul

UTICA — Governor Andrew Cuomo’s signature was affixed to a trio of bills today that will help support farm breweries and wineries in the state.

The setting, appropriately enough, was the F.X. Matt Brewery here.

Here, in summary, is what happens now:

• Farm breweries will be allowed to sell New York State-labeled wine at their retail outlets. In addition, farm wineries will be permitted to sell New York State-labeled beer for off-premises consumption.

• Farm breweries will be able to to obtain licenses to operate restaurants, conference centers, inns, bed and breakfasts or hotels on or adjacent to the farm brewery.

• Both farm breweries and farm wineries will be allowed to conduct tastings of New York State-produced beer and wine at their premises.

• Farm breweries will be allowed to sell beer-making equipment and supplies, food complementing beer and wine, souvenir items, and additional products similar to those allowed under the Farm Winery Act.

In addition, brewers in the state producing 60 million or fewer gallons annually will get a refundable tax credit and be exempted from the $150 annual brand label fee.

As noted by the New York Farm Bureau, New York was the national leader in growing hops in the 1800s. In recent years, more attention has been paid to that niche. Hop production has risen 400% in the past two years to about 60 acres statewide. A provision in the legislation calls for 90% of the hops and 90% of the ingredients in the local beer to be New York grown by 2024.

“This legislation is important for our members, as it makes simple financial sense,” said Dean Norton, Farm Bureau president. “Farm breweries are a growing segment of agriculture in New York and new markets are needed to sell their products and continue their progress. Since farm breweries can use crops from New York farms to craft their products, the agricultural industry overall receives an economic benefit as well.”

Check out my New York Drinks Events Calendar, the most comprehensive anywhere.

 
Leave a comment

Posted by on July 18, 2012 in Brewery, Legislation/Regulation

 

Roadside-market wine sales bill advances

12 Apr

ALBANY — The New York State Assembly is in the spotlight for supporters of a bill that would allow wines produced by farms, wineries or micro-wineries to be sold at roadside farm markets.

The Senate already has passed S.4242-A, but that was back on February 13. The same day it was delivered to the Assembly and 11 days later it was referred to its Committee on Economic Development as A9387-2011. And, there it sits nearly two months later.

In a joint statement, State Sen. William J. Larkin Jr. (R-C, 39th District), and Mike Oates, President and CEO of the Hudson Valley Economic Development Corp., said passage of the bill would mean “more local products will be available to shoppers in the area, opening up a new avenue of business for companies that are an integral part of a proud tradition of excellence right here in the Hudson Valley.

“In addition to the many wineries and vineyards in our region, the bill has the full support of the Hudson Valley Food and Beverage Alliance, a group that promotes and represents the wide range of organizations in the food and beverage industry that call our area home. Leading the way in this sector is the winemaking industry, which traces its roots in this region back hundreds of years.”

If the bill passes the Assembly and is signed into law by Governor Andrew Cuomo, it would allow the sale of specific wine products at roadside farm markets, as long as the stand is within 20 miles of where the wine is produced.

The stands would be under the supervision of the State Liquor Authority They would be allowed to sell wines from a maximum of two wineries each. Only wines by the bottle would be allowed for sale, and no tastings could be conducted.

Check out my New York Drinks Events Calendar, the most comprehensive anywhere.

 
Leave a comment

Posted by on April 12, 2012 in Legislation/Regulation, Marketing

 

U.S.-Brazil spirits pact a quality move

10 Apr

Scotch whisky has long been regarded as being made in only one place. Scotland.

That is largely due to the vigilance of the Scotch Whisky Association (SWA), a feisty trade group that rigorously monitors the world spirits industry to be sure no one is trying to pass off their wares as “true Scotch whisky” without it being precisely that.

The same cannot be said for many other types of spirits, unlike such things as bourbon and tequila, which have specific government-enacted regulations about their creation.

I was chatting over cocktails the other day with Gavin Hewitt, chief executive of the SWA and a man who knows a thing or three about global trade. He has headed the organization since 2003 and concurrently has been president of the European Spirits Organisation since last November. Before that, he was the British ambassador successively to Croatia, Finland and Belgium, and worked in a number of other diplomatic postings around the world.

Our topic was regulation in the manufacture and quality of various spirits, and cachaça, the distilled sugar cane liquor, was cited as a prominent example, particular with the upcoming visit to the White House of Brazilian President Dilma Rousseff.

Cachaça is the base for the caipirinha cocktail (right) that has so enamored tourists to South America in recent years that they demanded it when they returned home. That demand has been answered in many of the better cocktail lounges and bars throughout the U.S.

In my view, that means those consumers should be able to know the source of the cachaça is held to certain standards in purity and safety rather than being just anything tossed together and put in a pretty bottle. After judging several cane spirit competitions, I can attest to the fact that the latter has been the case too often and that quality has often been wildly erratic. Hewitt concurred.

“We do need some sort of uniformity in quality for such spirits,” he said. “I’m not in favor of government or industry over-regulation, but there is the matter of safety and value for the money.”

There are as many as 2,000 different names for cachaça in the vernacular, according to one authoritative Brazilian publication. Many cropped up over the years as illicit distillers sought to call their distilled sugar cane something that would not attract the attention of government tax collectors and regulators or even back in the days when the spirit was banned.

Now, the matter of quality seems well on its way to being addressed. In recent days, the U.S. and Brazil have exchanged letters of intent to increase trade in cachaça — the bulk of which is made in Brazil — and bourbon and Tennessee whiskey. This was part of President Rousseff’s visit and various trade agreements discussed at the time between the two huge nations.

[Go here for the rest of the story.]

Check out my New York Drinks Events Calendar, the most comprehensive anywhere.

 
Leave a comment

Posted by on April 10, 2012 in Cachaça, Legislation/Regulation, Marketing

 

Wine-in-markets debate re-heats

20 Mar

• I posted a story back in mid-February on another of my blogs (one that covers the Capital Region) concerning the resurrection of the debate over selling wine in grocery markets, something the state now prohibits. The quick responses, pro and con, from a batch of readers prompted me to re-post the story here to see what a broader cross-section of New York readers think. The original postings are included.

It may have failed in successive budget tries under Governor David Paterson and been ignored by Governor Andrew Cuomo who has been quoted as saying the potential benefits won’t outweigh the potential costs, but the idea of allowing food markets to sell wine won’t go away.

Rather than pushing Individually for such a change, the New York Wine Industry Association, New York State Wine Grape Growers Association, New York Farm Bureau, Business Council of New York State, Food Industry Alliance of New York State, New York State Restaurant Association and allied businesses are jointly calling on the governor to change his stance.

“New York Farm Bureau has long supported the sale of wine in grocery stores because of the enormous opportunities that it would provide to New York’s wineries and grape growers,” said Dean Norton, bureau president.

“Studies have shown that making this common sense modification in state law would create more than 6,000 jobs in wineries and related industries and produce more than $70 million in new sales tax revenue. It’s long past time that we remove this barrier to consumer choice and job creation and become the 36th state to make this important change.”

The alliance cites the marked change in the number of businesses allowed to sell wine in 1974 compared to today, as well as the marked increase in the number of wineries in the same period.

They use the 1974 benchmark because that is the year a push began to get then-Governor Hugh Carey to reformulate the state’s winery license law to make it easier for farm wineries to operate more profitably. In 1976, he did so.

In 1974 there were 4,500 liquor stores in the state through which the then-existing 19 wineries could sell their farm product to consumers. Now, there are fewer than 2,500 liquor stores through which more than 378 New York wineries can sell their farm product to consumers. Thus, the alliance contends, wineries no longer have enough retail outlets to reach consumers.

Opponents continue to insist that mom and pop liquor stores would be severely harmed if other businesses are allowed to sell New York and other wines.

FIRST COMMENTS FROM READERS (feel free to add your own):

• Skipjack: Since our Governor has such a great record for getting things done, its time for him to step up and get the law changed to allow wine to be sold in grocery stores like the vast majority of New Yorkers want.

• Bill Dowd: Ed (# 15): Thanks for the two links to help people compare two vastly differing points of view. It is interesting, as you say.

What also is “interesting” is that you complain that the New York Wine Industry Association has only one agenda. The same can be said of the group you appear to support. It has as its sole agenda item blocking sales of wine in supermarkets.

• Ed: I find it interesting that someone who is usually as knowledgeable as Dowd would cite the “New York Wine Industry Association.” A simple check of their website (http://nywia.com/web/) reveals that they are a group with 1 agenda item – putting wine in grocery stores. The true New York wine industry is solidly behind New York’s wine stores (for a list of wineries please see http://www.lastmainstreetstore.com/go.cfm?do=Page.Show&pid=4). Interesting.

• Ann: It’s ridiculous that this state doesn’t allow the sale of wine in grocery stores. It would help out the local wineries tremendously.

• Skipjack: I don’t understand why liquor stores get this kind of protectionism. It’s like telling Price Chopper that they can’t sell flowers because it hurts florists, or they can’t sell artisan bread or cakes because it hurts bakeries. The majority of citizens in NY want the ability to buy wine in grocery stores, but the liquor lobby don’t like it because they fear it will drive prices down (which it may). That’s why this issue has been coming up for the past ten years (at LEAST).

I also disagree that grocery stores will only sell crap wine. I travel to CA frequently and the selection there in grocery stores is BETTER than most liquor stores in NY (and the prices are WAY better). I agree that wine should be sold in grocery stores, but some of the restrictions placed on liquor stores should be lifted. Liquor stores should be able to have more than one location and they should be allowed to buy beer. When shopping for a party, I hate having to get spirits and wine in one store, and then go to a beverage or grocery store for beer. What’s up with that? And why can’t I pick up salt, limes, ice and NA margarita mix at a liquor store?

I also disagree that allowing wine sold in grocery stores will close down mom and pop. Yes, some will close if they can’t offer better service/selection/price than grocery stores. Sometimes a business deserves to fail. Would you frequent a restaurant with high prices and bad food just because they are independently owned? Most people wouldn’t.
I will no doubt continue to spend the bulk of my wine dollars at Empire Wine because of their great selection and prices, but it would be great to pick up a bottle of wine on occasion at BJ’s or Price Chopper. Time for NY to move into the 21st Century.

• Rhianna: IF wine is to be allowed in NY grocery and chains are going to move into the state, THEN the state needs to allow *DUAL LICENSING* in independent retail, i.e. off-premise (retail) stores with on-premise authorization. Independent retailers will need the competitive ability to compete with big grocery by allowing to sell wines by-the-glass, i.e. a wine bar with retail store under one roof; a retail store with a wine/beer bar capability.

If insurance is a problem, allow a dual license to include only beer & wine for on-premise consumption if retail is attached (not liquor) – though liquor should still be allowed to be sold in retail side (under same roof). Look to Florida state for guidance. FL allows dual licensing for beer & wine (on and off premise under one roof) for only a few hundred dollars. It is also allowed with the addition of liquor, but liquor add-on license is several hundred thousand dollars and there are only x amount delegated per district.

• Lee: The laws in NY are about protecting different lobbying groups and have nothing to do with protecting New Yorkers. It is just another type of “prohibition” based upon who has the money to get their will done in Albany.

• Dostoevsky: There are real reasons why states should want to impose limits and controls on the sale of alcoholic beverages. You might not agree with them but you should at least know what they are. Here is an unbiased, third party report that discusses those reasons: “2012 ISSUE BRIEFS FOR STATES – Brief Explanations of Common Alcohol Regulatory Issues Facing State and Local Communities.” It can be downloaded from http://goo.gl/NSNig.

• Anthony: Here is the smell test — None of the proposals that have been offered give the liquor stores the the ability to offset the massive losses with other items. Cheese and crackers are not going to keep these stores in business. If we are going to allow wine to be sold everywhere that beer is sold, then we should allow beer to be sold everywhere wine is sold. But the grocery stores want exclusivity on the Holy Grail of beverages and won’t give that up. Thats why it doesn’t pass the smell test.

• MIkeD: I hope NY can learn from Tennessee’s mistakes. All the Associations in the world won’t get it done. The people must be heard, not the heads of industry.

http://www.tennessean.com/article/20120208/OPINION03/302080099/Grocers-outfoxed-despite-popularity-wine-sales?odyssey=mod|newswell|text|Opinion|s

• Mike: We all know the supermarkets will only carry Gallo, Yellowtail, Cavit and all the other mass produced wines. So where is the benefit to the New York state wine producers? The only beneficiaries will be large out of state businesses.

• fiorot at westchesterwinemakers: Harry makes me laugh. Preserving a business? Protect a business from whom? Me thinks Harry is not a Capitalist who believes in free markets. Maybe we shouldn’t allow French wines in the country since we have California Wine. As consumers and taxpayers we do not have any interest in shielding one set of businesses from others at our expense and with the loss of healthy competition. Monopolistic practices must end. Free the Wine!

• Whiner: Sorry, Harry, but your idea is in violation of the US Constitution.

• Eric Orange: But as soon as you do that, Harry, it becomes an issue of protectionism and interstate commerce.

• mabel: I like Harry’s idea. I hate seeing mom and pop stores (which describes most liquor stores) being bulldozed by big-box stores (which describes most supermarkets), but I think we need to support our state’s amazing wineries as well. And like Sarah, I’d love to be able to pick up a nice table wine when I’m buying my other groceries. 🙂

• Harry Cook: I would support the concept of allowing grocery stores, eyc. to sell only NYS grown and bottled wines. That would tend to preserve the liquor/wine specialty businesses while encouraging the further development of the NY wine industry through expanded retail outlets.

• Sarah Hinman Ryan: I lived in Seattle for almost seven years and every supermarket sold wine but there were still liquor stores all over the place. It was really nice to be able to pick up a bottle of something decent while buying the makings of dinner.

Check out my New York Drinks Events Calendar, the most comprehensive anywhere.

 
1 Comment

Posted by on March 20, 2012 in Legislation/Regulation, Marketing, Wine

 

Changes for Farm Breweries, Wineries, Distilleries

06 Mar

ALBANY — Governor Andrew M. Cuomo may not be the poster boy for grocery stores that would like to be able to sell wine, something he has dismissed out of hand, but he may have won some friends among the state’s craft brewers, winemakers and distillers.

Cuomo today proposed legislation that would create a “Farm Brewery” license. It would allow craft brewers who use products grown in the state to operate in a similar fashion to the state’s wineries which have flourished under the 1976 Farm Winery Bill, leading to increased demand for locally-grown farm products as well as expanded economic development and tourism.

He also proposed legislation to exempt Farm Wineries and Farm Distilleries from the current costly tax filing requirement.

“These bills provide a boost for breweries, farmers, wineries, and communities across New York State,” Cuomo said. “This legislation will give our state’s growing craft beer industry the tools needed to create jobs, promote agriculture, and encourage environmentally friendly economic development across New York State.”

His bill to promote the economic growth of the craft brewery industry includes:

Increasing Retail Outlets for New York Products: The legislation would allow Farm Breweries to sell New York State-labeled wine at their retail outlets. In addition, Farm Wineries would be permitted to sell New York State-labeled beer for off-premises consumption.

Allowing Farm Breweries to Open Restaurants: The legislation would allow Farm Breweries to obtain licenses to operate restaurants, conference centers, inns, bed and breakfasts or hotels on or adjacent to the farm brewery.

Increasing Tastings: The legislation would allow both Farm Breweries and Farm Wineries to conduct tastings of New York State-produced beer and wine at their premises.

Selling Related Products: The legislation would allow Farm Breweries to sell beer making equipment and supplies, food complementing beer and wine, souvenir items, and additional products similar to those allowed under the Farm Winery statute.

To hold a Farm Brewery license, a producer’s beer must be made primarily from locally-grown farm products. Until the end of 2017, at least 20% of the hops and 40% of all other ingredients must be grown or produced in the state. From January 1, 2018, to December 31, 2022, no less than 60% of the hops and 75% of all other ingredients must be grown or produced in the state. After January 1, 2023, no less than 90% of the hops and 90% of all other ingredients must be grown or produced in the state.

The beer manufactured under these guidelines would be designated a “New York State labeled beer.” The legislation is modeled after the 1976 “Farm Winery Act,” which spurred the growth of wine production in the state, including the creation of 237 farm wineries and tripling the number of wineries, which in total now have hit the 316 mark.

Also today, the governor proposed exemptions for Farm Wineries and Farm Distilleries from a costly and burdensome tax filing requirement. Currently, all beer, wine, and liquor wholesalers in the state are required to report sales made to restaurants, bars, and other retailers. However, because Farm Wineries and Farm Distilleries are small, often family-owned operations, they have struggled to afford the costs of complying with this annual reporting.

According to the Governor’s Office, “The burden imposed on them by this filing requirement outweighs the benefit received by the State Tax Department, as purchases from Farm Wineries and Farm Distilleries account for a very small percentage of the state’s total beer and wine sales. These businesses are already required by law to maintain sales records which the Tax Department may obtain upon request, making the additional mandatory filing requirement not necessary.”

Here is some of the pertinent reactions to the proposals:

• Dean Norton, New York Farm Bureau president: “We’ve seen tremendous growth opportunities for our farmers from alcoholic beverage license categories that are specifically linked to locally produced farm goods – from the growth of farm wineries to the relatively recent trend of farm distilleries. This is an opportunity for local farmers to bring New York back to being the premier hops growing state that we once were, creating added value markets and new jobs in our State.”

• Dennis Rosen, State Liquor Authority chairman: “This legislation will provide a significant benefit to local farmers, by helping to create a sustained demand for their products. Ultimately, by providing incentives for farm breweries to expand, these businesses will become, much like farm wineries, destination locations that will promote economic development and tourism within their communities. This bill will boost agriculture and breweries, as well as create jobs and increased economic development across New York.”

• Darrel Aubertine, Department of Agriculture and Markets commissioner: “This bill will exempt Farm Wineries and Farm Distilleries from burdensome tax filing requirements that have hurt small business here in New York. Our Farm wineries and Farm distilleries are small, often family owned operations, and they have struggled to afford the costs of complying with this annual reporting. Governor Cuomo has made opening New York State to business a top priority of his administration, and this bill will help cut burdensome costs that have been imposed on small farm wineries and distilleries. New York’s craft brewery and farm winery industry is an important part of our economy, supporting jobs and tourism across the state, and I look forward to working together to make sure this legislation becomes law.”

Check out my New York Drinks Events Calendar, the most comprehensive anywhere.

 
Leave a comment

Posted by on March 6, 2012 in Legislation/Regulation

 

• NY wine labels to be OKd faster

11 Aug
Millbrook Winery sample label.

WASHINGTON, DC — U.S. Sen. Charles Schumer, D-NY, who has been pushing the federal government to speed up the process of approving labels for New York State wines, has announced real progress.

Schumer says the federal Alcohol and Tobacco Tax and Trade Bureau is streamlining the process of approving labels, a step that must be taken before the products can be sold. Many of the state’s 300-plus wineries have complained that it has been taking months to get such approval.

The senator now says the agency has agreed to immediately begin approving template labels for custom winemakers. That will be good news for those wineries that have complained they need approval each time they make even small changes to artwork or names on labels designed for special events such as anniversaries, weddings and birthdays.

In explaining the delays, the agency has said that over the past decade its staff has been reduced due to budget cutbacks while label-approval applications from wineries nationwide have almost doubled.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on August 11, 2011 in Legislation/Regulation, Wineries

 

• Forget wine-in-markets for now

17 Jun

In recent days we have had two college-based public opinion polls that say the opposite of each other when it comes to the matter of selling wine in supermarkets in New York State.

Does that really mean anything? I doubt it, other than the fact the University of Buffalo (the poll that says a slight majority of New Yorkers oppose such a measure) and Siena College (the poll that says the opposite) got some press and PR people on both sides of the issue got paid.

The measure before the State Legislature seems to have sunk with barely a ripple in the little time remaining in this legislative session, one that is dominated instead by such matters as same-sex marriage, New York City rent control and (hah, hah!) government ethics.

Barring a late revival of legislative interest — perhaps as part of a vote-swapping deal that always seems to pop up in the last-gasp session hours, we can wave goodbye to the whole topic until another state budget battle is launched next year.

Meanwhile, a bill sponsored by Assemblyman Steve Hawley (R-I-C, Batavia) that has passed the Assembly would allow New York State’s wineries to become more competitive in-state and abroad.

Assembly bill 7828-A, which still needs to pass the Senate and gain Governor Andrew Cuomo’s signature, repeals a number of mandates Hawley says will “streamline the licensing process and encourage the growth of this booming industry.”

“Wineries and grape-growing farms are cornerstones of New York’s agricultural industry,” Hawley said. “By reducing the red tape that owners of these businesses must sift through in order to become properly licensed, these establishments will save time, money and resources that will encourage existing operations to expand and new businesses to open.

“As a sponsor of this legislation and a member of the Committee on Agriculture, I commend my colleagues for helping me achieve these sorely needed, procedural reforms for our wine industry.”

The bill would:

  • Allow the owner of a winery license to sell wine in bulk to wholesalers, retailers and other major distributors;
  • Authorize a winery to manufacture, bottle and sell various fruit products on-premises;
  • Allow wineries and farm wineries to charge event operators for the use of their premises; and
  • Reduce the number of specialized licenses for wineries and farm wineries, providing a more efficient registration process.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on June 17, 2011 in Legislation/Regulation

 

• Poll: NYers want wine-in-markets

13 Jun

LOUDONVILLE, NY — Wads of money have been spent, letters to the editor feverishly written, press conferences held, legislators’ arms twisted — all by both camps in the wine-in-supermarkets battle. So, how is it all working out for the latest round of proposed legislation that would allow the same thing 35 other states already permit?

“A strong majority of Democrats, Republicans and independents support passing a law to allow wine to be sold in supermarkets and grocery stores. There is support in every region, with strongest support in the downstate suburbs. Younger voters support it more than older voters,” says Steven Greenberg of the Siena Research Institute at Siena College.

The institute bases that conclusion on a telephone poll it conducted June 5-8 among 819 registered New York voters. It has a margin of error of +/- 3.4 points. It is interesting to note that as time has passed, the percentage of people in favor of selling wines in markets has increased, and the percentage of those opposed has dropped.

Here is the question as posed, with the responses recorded by the institute:

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on June 13, 2011 in Legislation/Regulation, Research

 

• Food stamps, soft drinks don’t mix

11 Jun

As I stood in the checkout line at my local supermarket the other day, mentally complaining about the continually rising prices of food, I noticed a couple ahead of me piling up cigarettes and beer on the conveyor belt. It caught my attention because they had been paying for their groceries with food stamps supported by your tax dollars and mine. That left them plenty of cash for the beer and smokes.

Ah, the cradle-to-grave welfare system. Why use your money for the basics of life when someone else’s money will get them for you? In effect, you are buying their drinks and smokes.

There are, of course, some people who can’t exist without assistance, but I see so many examples of people simply milking the system — put bluntly, stealing money from my pocketbook — I have less and less sympathy all the time.

Just this week, the partial collapse of an old brick residential building locally forced tenants of an apartment to find accommodations elsewhere. I felt bad for them at first. Then it was revealed that the building was Section 8 housing in which a big chunk of the rent is paid by, guess who?, you and me through our taxes.

On the surface that’s alright because some people need such assistance. But, only family members are allowed to reside in each unit and their total income must be below a certain level to qualify. It turns out one of the occupants was the boyfriend of the mother of the family, not a legal family member. Plainly put, this lout and loutess were jobbing the system to get cut-rate rent for her and rent-free housing for him while other members of the community whose taxes are supporting them are worrying about making their own rent or mortgage payments.

These are far from isolated cases. When they keep popping up generation after generation, I root for some tighter oversight of welfare programs so the truly needy are aided and the truly cheating are exposed. Thus, I was thrilled when I recently heard Mayor Michael Bloomberg was petitioning the federal government to allow New York City to prohibit food stamp recipients from using the handouts to purchase soft drinks. A small step, but better than no step, unless you’re among the soft drink makers/distributors/sellers and their cohort (snack food manufacturers, for one) already whining about the proposal.

Why is this a positive step for society at large? Besides the obesity problem, to which sugary drinks contribute mightily, take a look at the numbers.

There are 1,700,000 New Yorkers getting food stamps. That is roughly equal to the combined entire populations of Vermont, Wyoming and Washington, DC. If each food stamp recipient bought just 1½ soft drinks daily, that would come to about $2,500,000 a day, or $76,500,000 a month of your money being spent. That last figure exceeds the annual gross state product of each of 13 states: Alaska, Delaware, Hawaii, Idaho, Maine, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, West Virginia and Wyoming. Perhaps you’re beginning to get an idea of the enormity of the topic.

By the way, if you think my figure of 1½ soft drinks a day to make my case is too high, consider that all available data puts the average American’s soft drink consumption at 3 quarts per week. We’re the largest soft drink consuming nation in the world. And you and I are buying the sodas for a lot of those people.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
1 Comment

Posted by on June 11, 2011 in Commentary, Legislation/Regulation, Non-alcoholic Drinks

 

• Guest comment: Lower drinking ages

20 Apr

• The writer is director of the Insurance Studies project at the Competitive Enterprise Institute. The issues she manages include property insurance, adult beverages, gambling industry regulation, and adult entertainment regulation. This commentary first appeared in National Review Online.

By Michelle Minton

Alaska state Representative Bob Lynn (R-Anchorage) is asking the long overdue question: Why do we consider 18-year-olds old enough to join the military, to fight and die for our country, but not to have a drink with their friends before they ship out or while they’re home on leave? Lynn has introduced a bill that would allow anyone 18 years and older with a military ID to drink alcohol in Alaska.

The bill already is facing strong opposition from self-styled public-health advocates. However, the data indicate that the 21-minimum drinking age has not only done zero good, it may actually have done harm. In addition, an individual legally enjoys nearly all other rights of adulthood upon turning 18 — including the rights to vote, get married, and sign contracts. It is time to reduce the drinking age for all Americans.

In the early 1970s, with the passage of the 26th Amendment (which lowered the voting age to 18), 29 states lowered their minimum legal drinking age to 18, 19, or 20 years old. Other states already allowed those as young as 18 to buy alcohol, such as Louisiana, New York, and Colorado. However, after some reports showed an increase in teenage traffic fatalities, some advocacy groups pushed for a higher drinking age. They eventually gained passage of the 1984 National Minimum Drinking Age Act, which lets Congress withhold 10% of a state’s federal highway funds if it sets its minimum legal drinking age below 21. (Alaska would reportedly lose up to $50 million a year if Lynn’s bill passes.)

By 1988, all states had raised their drinking age to 21. In the years since, the idea of lowering the drinking age has periodically returned to the public debate, but groups such as Mothers Against Drunk Driving (MADD) have been able to fight back attempts to change the law. (Louisiana briefly lowered its age limit in back to 18 in 1996, after the state Supreme Court ruled that the 21 limit was a form of age discrimination, but the court reversed that decision a few months later.)

Read the rest of this entry »

 
1 Comment

Posted by on April 20, 2011 in Commentary, Legislation/Regulation

 

• Wine & Grape Foundation breathing again

29 Mar

It appears that last-minute maneuvering has saved the New York Wine & Grape Foundation.

The industry lobbying and education group had been zeroed out of Governor Andrew Cuomo’s proposed 2011-2012 state budget, which foundation president Jim Trezise said would mean its quick demise.

However, $713,000 has been inserted into the budget by the state Legislature’s Joint Budget Subcommittee on Environment, Agriculture, and Housing, Assemblyman Dan Losquadro, a Long Island Republican, said today.

Among its numerous activities, the Wine & Grape Foundation created and runs the annual New York Wine & Food Classic, a competition for New York wines that helps popularize New York wines and helps winemakers market their products.

A call to the Foundation office in Canandaigua for comment was referred to Trezise, who was said to be working outside the office today. No response has yet been received to a message left with him.

The subcommittee also added $500,000 for the state’s Integrated Pest Management (IPM) program, which will aid vineyards throughout the state.

The grape, grape juice and wine industries contributed more than $3.76 billion in economic benefits to New York’s economy in 2008, according to a study by the Napa Valley-based Stonebridge Research Group LLC, released in January.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on March 29, 2011 in Agriculture, Legislation/Regulation, Wineries

 

• Pub crawls may be banned

26 Mar

PUBCRAWL.COM Photo

• From The New York Post:

NEW YORK — It soon may be illegal to drink and crawl.

A Manhattan community board is mulling a ban on pub crawls, those nights of revelry in which organized groups stumble from bar to bar and imbibe at great discounts. The Internet and social networking have tripled the size of many of the pub crawls, said Toni Carlina, district manager of CB6, which covers 14th to 59th streets between the East River and Lexington Avenue.

“Nobody wants to prevent people from having a good time, but they must be considerate of the neighborhood,” she said.

Following a St. Patrick’s Day pub crawl, which enticed thousands of drunken, sometimes underage, partygoers to the neighborhood for $1 drafts, board members were prompted to move ahead with a possible ban, Carlina said. A public hearing will be held Thursday.

According to Town & Village, a newspaper covering the community, the neighbors complained of rowdy revelers vomiting in the streets. Eddie Miller, one of the founders of pubcrawls.com, which sold tickets to the St. Patrick’s Day event, said they accounted for only 1,000 drinkers, a tiny percentage of the festivities that day.

“I don’t believe the vomit in the streets is caused by pub-crawl clients,” he told The Post.

[Go here for the full story.]

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on March 26, 2011 in Legislation/Regulation, NYC

 

• Update: Where wine stands in the Legislature

19 Mar

ALBANY, NY — Now that the state’s proposed 2011-2012 budget inches closer to April 1, its constitutional deadline for passage — although it takes a strong memory to recall when that mandate last was met — it is clear that once again the anti’s carried the day when it comes to wine sales in grocery stores.

The last two years, then-Governor David Paterson included legislation in his budget proposal to increase state revenues by allowing sales of wines other than in licensed liquor stores. Both times the move was defeated by spirited lobbying.

This year, first-term Governor Andrew Cuomo addressed the matter by ignoring it. No proposal from him in his budget plan, and no success by pro forces to get it inserted in budget counter-proposals from either house of the state Legislature.

Barring a last-minute change, the status quo will remain as the various entities horsetrade to get to one budget. In addition, the New York Wine & Grape Foundation appears to be doomed since Cuomo zeroed out the trade organization in his budget. Foundation President Jim Trezise says without state financial backing, the organization will fold within several months.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on March 19, 2011 in Legislation/Regulation, Marketing, Wine

 

• Beer money: Schumer pushing microbrewer aid

02 Mar

U.S. Senator Charles Schumer (D-NY) got plenty of coverage by the Upstate news media when he recently visited a variety of breweries to see the facilities and announce plans to introduce legislation that would benefit small brewers.

Among his stops were Brown’s Brewing in Troy, Ithaca Brewing in Ithaca and Empire Brewery in Syracuse. What that means is that his statements have more import than one might think since they weren’t crafted to address just one small part of his constituency.

During each stop, Schumer announced he and Senate colleagues plan to introduce the Brewers Excise and Economic Relief (BEER) Act, that would reduce the excise tax for small breweries. They now pay $7 per barrel for the first 60,000 barrels they brew per year. If the BEER Act passes both houses of Congress and is signed by the president, that tax would be cut to $3.50 per barrel. On the next 1,940,000 barrels produced, the tax will be cut by $2 per barrel.

Schumer’s office estimates that would save New York’s small brewers nearly $3.9 million each year.

“Small breweries throughout upstate New York not only brew great beer, they also create great jobs,” Schumer said in a statement. “By cutting taxes for these small businesses, we can help grow the economy and put more New Yorkers back to work in stable, good-paying jobs.”

This would be the second consecutive year such legislation will be introduced.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on March 2, 2011 in Brewery, Legislation/Regulation

 

• Wine & Grape Foundation on the brink

23 Feb

CANANDAIGUA, NY — After surviving repeated reductions in its state funding, the New York Wine & Grape Foundation may be running out of lives.

Not only has Governor Andrew Cuomo decided not to propose expansion of wine sales to grocery stores in his budget as a potential revenue stream, he also has zeroed out any financial aid to the foundation which is devoted to lobbying, research, marketing and education on behalf of New York State vineyards and wineries.

Foundation President Jim Trezise makes no bones about what will happen if legislators do not restore some funding as they have done the past two budgets: “We’ll be gone. Within three months by the end of June, the New York Wine and Grape Foundation will be closing its doors and it will not be coming back.”

At one time, the foundation — which is headquartered in offices here in the New York Wine & Culinary Center — was being funded by the state to the tune of $3 million annually. That has fallen to $700,000 in the current budget.

The foundation has been in operation since 1985 during which the number of wineries in the state has expanded to include 51 of the 62 counties.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on February 23, 2011 in Legislation/Regulation, Marketing

 

• SLA nails another Albany college bar

12 Feb

ALBANY, NY — Sadie Klutz, a downtown spot popular with the college crowd, has had its liquor license suspended.

The New York State Liquor Authority on Friday announced it has suspended the license of Peabody’s NY Inc., the corporate name of the Madison Avenue bar, because it exceeded the maximum capacity and was found serving alcohol to minors.

SLA investigators said that during a February 5 visit they found more than 200 customers in space that has a legal capacity limit of 80. They also said they obtained 13 statements from minors, five of whom made direct purchases at the bar and another seven who obtained alcohol from fellow patrons.

This is the second license suspension of a college-crowd Albany bar in the last 10 weeks or so. On December 16, the SLA suspended the liquor license of Chubby’s. located at 497 Washington Avenue. It, too, was cited for overcrowding and sales to minors.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on February 12, 2011 in Bar/Tavern/Lounge, Legislation/Regulation

 

• The grapes of Madison County

03 Feb

CAZENOVIA, NY — Tonight’s Cazenovia Town Planning Board meeting is a crucial one for Ben Reilly.

He is the operations director of the budding Owera Vineyards project, which is seeking to become the first winery in Madison County, with a fall opening being targeted.

So far, things have gone without a legal hitch and final approval is expected from the Planning Board. If received, work will begin as soon as weather permits on the planned 8,500-square-foot winery building and a smaller pole barn. (Architect’s rendering of the main building shown above right.)

Owera Vineyards is located near the intersection of East Lake and North Lake roads on the north shore of Cazenovia Lake. Plans call for several acres of vineyards, a winery and a tasting area for visitors.

In 2008, a variety of grapes were planted on the 60-acre tract owned by Peter Muserlian, along with a range of fruit trees and an organic garden. Experimentation with grape varieties is needed to find those best for the slightly harsher climate compared to that of the Finger Lakes, an hour’s drive west of here. Reilly has said he will apply for state agriculture grants to test different varieties.

When Owera, which has been experimenting this season with ice wines, officially opens, it will mean that 51 of the state’s 62 counties has at least one winery. Given the absence of other wineries nearby, Owera is being planned as a destination site that will host tasting events, live entertainment and guest chef demonstrations and dinners.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on February 3, 2011 in Agriculture, Central New York, Legislation/Regulation, Wineries

 

• Update: Baiting Hollow wins a round

08 Jan

RIVERHEAD, Long Island, NY — A town request for a preliminary injunction against the Baiting Hollow Farm Vineyard has been denied by a New York State Supreme Court judge.

The vineyard has been the focus of complaints by neighbors over its entertainment events they say makes it more of a nightclub than a winery. The town says it is holding special events without proper town permits, making it a business operating outside its site plan.

The vineyard has responded that as an agricultural-use facility, it is exempt from requiring some of the approvals its opponents claim it needs.

Go here for the original story.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on January 8, 2011 in Courts, Long island, North Fork

 

• Earlier bar closings on the agenda

04 Jan

“The clubs are all closed,
And the ladies are leaving.
There’s nobody nobody knows on the street.
A few stranded souls
Standing cold at the station,
And nowhere to go
But to bed, and to sleep.”

— “Breakdown” (A Long Way From Home)
by Kris Kristofferson

It’s a quiet time of night, that period between 2 and 4 a.m., when not much good comes of hanging around a bar. At least that’s the view of a number of municipalities in New York State where moves are afoot to get proprietors to pile up the chairs, sweep the floors and lock up for the night by 2 a.m. voluntarily or otherwise rather than use the two hours state law allows them after that time.

Albany Mayor Jerry Jennings, for example, is taking the conciliatory route. He has met with a number of tavern owners recently and asked them to voluntarily curtail their hours. The city councils in Saratoga Springs and Buffalo are discussing making it the law that bars in their municipalities must close up shop by 2 a.m. as already is the case in such places as Rochester and Syracuse, both big college towns. In little Ithaca, home to both Cornell University and Ithaca College, local statute requires a 1 a.m. closing.

The common theme is that the 2 to 4 a.m. period is the one in which there are more alcohol-fueled fights, noise disturbances and serious crimes than any other.

Curiously, the idea of earlier closings in countries with a strong pub culture seems to be gaining traction, just as the anti-smoking movement did some years back and which now has spread to virtually the entire western world. In the United Kingdom, for example, “Up to half the pubs and bars could abandon late-night opening under plans to impose new charges to help police alcohol-fueled disorder, the Home Office has predicted.”

That’s the lead on a report in today’s editions of The Telegraph of London. It goes on to say:

Tens of thousands of venues could stop opening past midnight to avoid paying a so-called late night levy of up to £4,500 (about US$7,000) which councils will have the power to impose. It is part of a series of changes that will transform the licensing regime and spell the end to (the) Labour (Party)’s 24-hour drinking laws, five years after they were implemented.

Other measures contained in the Police Reform and Social Responsibility Bill, published today, will see (city) councils allowed to stop problem pubs and clubs in entire areas from opening all hours.

The public will be also be handed a much stronger say in opening times including the power for any local resident to object rather than just those living close to a premises. Health bodies will be consulted, there are greater powers to close permanently those shops or bars that serve children repeatedly, and fines for selling alcohol to those who are under age will also be doubled to £20,000 (about US$32,000).

The levy is aimed at allowing councils to make problem pubs and clubs contribute towards the cost of policing the resulting disorder. But the proposals provide for a general power meaning there is nothing to stop a local authority charging it for every venue that wants to stay open past midnight.

 

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on January 4, 2011 in Bar/Tavern/Lounge, Legislation/Regulation

 

• NY back to anonymous beer kegs

04 Jan

In what was perhaps an overreaction to a tragic case of a high school kid dying after a fight at a keg party, the New York State Legislature in 2003 enacted a law requiring beer retailers to affix tags to each keg of beer sold. Among other things, the tags ID’d the purchaser by name, address and driver’s license number.

Oh, and while they were at it, the representatives of the people bumped the $10 deposit on each keg sold to $75. In a fit of public service, they reduced it to $50 in 2008.

But, all that is moot for 2011. The expiration date of the law was November 22, 2010, and the dying days of the last legislative session saw no groundswell of sentiment to extend the provision.

So, we’re back to anonymous kegs.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
2 Comments

Posted by on January 4, 2011 in Beer, Legislation/Regulation

 

• Poll: Majority still support wine-in-markets

13 Dec

LOUDONVILLE, NY — The debate over expanding the legal right to sell wine in supermarkets may be over in the state Legislature for this year, but the topic itself still shows signs of life.

The latest Siena Research Institute poll, released today, covers a wide range of topics about the legislative leadership, the lame duck governor, David Paterson, and the governor-elect, Andrew Cuomo.

In questions pertaining to beverages, the poll found that that New Yorkers support selling wine in supermarkets by a 20-point margin, 59% to 39%. Such a move, which has died in the Legislature several times, continues to be broadly supported by people from every part of the state and every ideological group. That is consistent with several polls taken a year earlier showing similar results.

Steven Greenberg, who runs the poll out of Siena College in this Albany County suburb, noted that although a majority of respondents want wine to be sold in grocery stores, they are against a proposed soda tax such as one that also died in the Legislature this year.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on December 13, 2010 in Legislation/Regulation

 

• Schumer attacks ‘blackout in a can’

11 Nov

NEW YORK — Chuck Schumer is the latest public official seeking to regulate what consumers can consume.

Schumer said Wednesday that the New York State Liquor Authority needs to act quickly to halt sales of Four Loko, which has also been called “blackout in a can.” The fruit-flavored drink contains 11% alcohol and enough caffeine for a cup of coffee. The senator said he wants the state to block all caffeinated alcohol drinks that have not been approved by the U.S. Food and Drug administration.

“This is more than just a blackout in a can, it’s almost a death wish disguised as an energy drink,” Schumer said. “By adding caffeine to potential alcoholic drinks the effects of the alcohol are masked by the effects of the caffeine.

“As everyone knows, normally when you drink you get tired; the more you drink the more tired you get. It’s the body’s natural defense … to consuming too much alcohol. … But, Four Loko and drinks like it do the opposite. Because they’re loaded with caffeine in addition to alcohol, they provide the drinker with increased stamina and energy that allows the person to keep drinking past the point where you would normally stop. To add insult to injury, these companies target teens through their advertising. They make the can look like any other energy drink, charge as little as $2.50 a can, and then many, many store owners stock it right next to energy drinks.”

The Wegmans and Tops supermarket chains announced Tuesday they would remove the drinks from their shelves.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on November 11, 2010 in Legislation/Regulation, Marketing

 

Court: Ladies nights are legal, tender

01 Sep

NEW YORK — “Ladies’ Nights” promotions at the city nightclubs are just fine with the courts.

Lawyer Roy Den Hollander had claimed that charging men more for admission than women has violated the men’s civil rights. Oh no, it di-n’t, said the Second Circuit Court of Appeals in Manhattan today.

The three-judge panel unanimously ruled that Hollander failed to prove that several popular nightspots — such as the Copacabana, Lotus, China Club and Sol — are subject to a law barring discrimination by anyone acting under government authority. He had alleged that the clubs “engage in state action” because they sell alcohol under license from the New York State Liquor Authority.

Thin stuff, said the judges, noting that “Without the draw of alcohol, his argument goes, the nightclubs would not be popular destinations and accordingly, would not be able to charge for admission. Regardless of the veracity of this statement, we cannot agree that the state’s liquor licensing laws have caused the nightclubs to hold ‘Ladies’ Nights’; liquor licenses are not directed related to the pricing scheme.”

The decision upheld an earlier lower court ruling against Hollander.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on September 1, 2010 in Bar/Tavern/Lounge, Courts

 

Can you copyright a cocktail recipe?

01 Sep

In this Internet age, the debate over intellectual property rages on. But “intellectual property” doesn’t refer only to music, literature and the like. It may well extend to cocktail creation.

Chantal Martineau, an experienced food-and-drink writer, has a nice look at the topic in The Atlantic. She sets up the debate this way:

“Shortly after the tiki-themed cocktail lounge Painkiller opened its doors on the Lower East Side of Manhattan this May, a man walked into the bar and threatened to issue a cease and desist order. Pusser’s, which distills a Navy-proof rum in the British Virgin Islands, trademarked the recipe for a Painkiller cocktail back in 1989. The man claimed that Painkiller’s owners, Giuseppe Gonzalez and Richard Boccato, had no right to the name of the bar or its namesake cocktail, which they like to make with rums from Martinique and Jamaica. He was promptly sent packing.

“As we’ve learned from the folks at Goslings, who trademarked the recipe for a Dark ‘n’ Stormy in Bermuda in the hopes of enforcing it the world over, it’s impossible to stop people from using a certain recipe once it’s out there. At a certain point, it becomes public property. But when, exactly, does that point occur?”

Go here for her full story. And, while you’re at it, go here for my archive of cocktail recipes.

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
1 Comment

Posted by on September 1, 2010 in Cocktails, Legislation/Regulation

 

With DiNiro, was the medium the message?

30 Aug

Was Robert DeNiro sending a message, albeit a mixed one, in “Everybody’s Fine”?

I finally got around to seeing the film — the story of a man trying to build connections to his grown childern whose only connection with him was through his late wife — that includes a scene in which DeNiro’s character is shopping at a local supermarket for wine.

The problem with that? His character lives in Elmira, NY, where, as we all know, it would not be legal to sell wine in markets because the state currently prohibits it.

Perhaps the actor, who also has/had interests in several New York City restaurants (Nobu, Tribeca Grille, Locanda Verdi, etc.), was making a point about what he thought the availability of wine should be.

Then again, when his screen persona asks a supermarket employee if he is knowledgeable about wine, the actor E.J. Carroll replies, “I stock the shelves.” He goes on to explain “We have English wine from France … and Italian wines from all over Europe.”

That could be read as a message about the lack of knowledge we might have to confront if wine sales were expanded beyond their current venues — wine and spirits shops only.

Was art imitating life, or what the moviemakers think life should be? And, in the bigger picture, even though the wine-in-markets idea died in the State Legislature once more this summer, will it get a replay next legislative season?

Check out my New York Drinks Events Calendar, the most comprehensive you’ll find anywhere.

 
Leave a comment

Posted by on August 30, 2010 in Legislation/Regulation, Marketing

 
← Older posts