N.Y. Alcoholic Beverage Control Law § 31: Farm meadery license

§ 31. Farm meadery license. 1. Any person may apply to the authority

for a farm meadery license as provided for in this section to produce

mead and braggot within this state for sale. Such application shall be

in writing and verified and shall contain such information as the

authority shall require. Such application shall be accompanied by a

check or draft in the amount of seventy-five dollars. If the authority

grants the application, it shall issue a license in such form as shall

be determined by its rules. Such license shall contain a description of

the licensed premises and in form and in substance shall be a license to

the person therein specifically designated to produce mead and braggot

in the premises therein specifically licensed.

2. A farm meadery license shall authorize the holder thereof to

operate a meadery for the manufacture of New York state labelled mead

and New York state labelled braggot. Such a license shall also authorize

the licensee to:

(a) sell in bulk mead and braggot manufactured by the licensee to any

person licensed to manufacture alcoholic beverages in this state or to a

permittee engaged in the manufacture of products which are unfit for

beverage use;

(b) sell or deliver mead and braggot manufactured by the licensee to

persons outside the state pursuant to the laws of the place of such

delivery;

(c) sell mead and braggot manufactured by the licensee to wholesalers

and retailers licensed in this state to sell such mead and braggot

pursuant to section thirty-three of this article, licensed farm

distillers, licensed farm wineries, licensed wineries, licensed farm

breweries and any other licensed farm meadery. All such mead and braggot

sold by the licensee shall be securely sealed and have attached thereto

a label as shall be required by section one hundred seven-a of this

chapter;

(d) (i) at the licensed premises, conduct tastings of, and sell at

retail for consumption on or off the licensed premises, any mead and

braggot manufactured by the licensee or any New York state labelled mead

or New York state labelled braggot. Provided, however, for tastings and

sales for on-premises consumption, the licensee shall regularly keep

food available for sale or service to its retail customers for

consumption on the premises. A licensee providing the following shall be

deemed in compliance with this provision: (A) sandwiches, soups or other

such foods, whether fresh, processed, pre-cooked or frozen; and/or (B)

food items intended to complement the tasting of alcoholic beverages,

which shall mean a diversified selection of food that is ordinarily

consumed without the use of tableware and can be conveniently consumed

while standing or walking, including but not limited to: cheeses,

fruits, vegetables, chocolates, breads, mustards and crackers. All of

the provisions of this chapter relative to licensees selling mead and

braggot at retail shall apply; and

(ii) operate a restaurant, hotel, catering establishment, or other

food and drinking establishment in or adjacent to the licensed premises

and sell at such place, at retail for consumption on the premises, mead

and braggot manufactured by the licensee and any New York state labelled

mead or New York state labeled braggot. All of the provisions of this

chapter relative to licensees to selling mead and braggot at retail

shall apply. Notwithstanding any other provision of law, the licensed

farm meadery may apply to the authority for a license under this chapter

to sell other alcoholic beverages at retail for consumption on the

premises at such establishment;

(e) sell mead and braggot manufactured by the licensee or any other

licensed farm meadery at retail for consumption off the premises, at the

state fair, at recognized county fairs and at farmers markets operated

on a not-for-profit basis;

(f) conduct tastings of and sell at retail for consumption on or off

the premises New York state labeled beer manufactured by a licensed

brewery or licensed farm brewery;

(g) conduct tastings of and sell at retail for consumption on or off

the premises New York state labelled wine manufactured by a licensed

winery or licensed farm winery;

(h) conduct tastings of and sell at retail for consumption on or off

the premises New York state labelled liquor manufactured by a licensed

distiller or licensed farm distiller; provided, however, that no

consumer may be provided, directly or indirectly: (i) with more than

three samples of liquor for tasting in one calendar day; or (ii) with a

sample of liquor for tasting equal to more than one-quarter fluid ounce;

and

(i) engage in any other business on the licensed premises subject to

such rules and regulations as the authority may prescribe. Such rules

and regulations shall determine which businesses will be compatible with

the policy and purposes of this chapter and shall consider the effect of

particular businesses on the community and area in the vicinity of the

farm meadery licensee.

3. (a) A farm meadery licensee may apply for a permit to conduct

tastings away from the licensed premises of mead and braggot produced by

the licensee. Such permit shall be valid throughout the state and may be

issued on an annual basis or for individual events. Each such permit and

the exercise of the privilege granted thereby shall be subject to such

rules and conditions of the authority as it deems necessary.

(b) Tastings shall be conducted subject to the following limitations:

(i) tastings shall be conducted by an official agent, representative

or solicitor of one or more farm meaderies. Such agent, representative

or solicitor shall be physically present at all times during the conduct

of the tastings; and

(ii) any liability stemming from a right of action resulting from a

tasting of mead or braggot as authorized herein and in accordance with

the provisions of sections 11-100 and 11-101 of the general obligations

law, shall accrue to the farm meadery.

4. A licensed farm meadery holding a tasting permit issued pursuant to

subdivision three of this section may apply to the authority for a

permit to sell mead produced by such farm meadery, by the bottle, during

such tastings in premises licensed under section sixty-four or

sixty-four-a of this chapter; or apply to the authority for a permit to

sell such mead and/or braggot at a premises licensed under section

eighty-one or eighty-one-a of this chapter. Each such permit and the

exercise of the privilege granted thereby shall be subject to such rules

and conditions of the authority as it deems necessary.

5. A licensed farm meadery may, under such rules as may be adopted by

the authority, sell mead and braggot manufactured by the licensee or any

other licensed farm meadery at retail in bulk by the keg, cask or barrel

for consumption and not for resale at a clam-bake, barbeque, picnic,

outing or other similar outdoor gathering at which more than fifty

persons are assembled.

6. A licensed farm meadery may apply to the authority for a license to

sell beer, liquor and/or wine at retail for consumption on the premises

in a restaurant owned, conducted, and operated by the licensee in or

adjacent to its farm meadery. All of the provisions of this chapter

relative to licenses to sell beer, liquor or wine at retail or

consumption on the premises shall apply so far as applicable.

7. A farm meadery license shall authorize the holder thereof to

manufacture, bottle and sell food condiments and products such as honey,

mustards, sauces, jams, jellies, mulling spices and other mead related

foods in addition to other such food and crafts on and from the licensed

premises. Such license shall authorize the holder thereof to store and

sell gift items in a tax-paid room upon the licensed premises incidental

to the sale of mead and braggot. These gift items shall be limited to

the following categories:

(a) non-alcoholic beverages for consumption on or off premises,

including but not limited to bottled water, juice and soda beverages;

(b) food items for the purpose of complementing mead and braggot

tastings, which shall mean a diversified selection of food that is

ordinarily consumed without the use of tableware and can be conveniently

consumed while standing or walking. Such food items shall include but

not be limited to: cheeses, fruits, vegetables, chocolates, breads,

baked goods, mustards and crackers;

(c) food items, which shall include locally produced farm products and

any food or food product not specifically prepared for immediate

consumption upon the premises. Such food items may be combined into a

package containing mead and/or braggot related products;

(d) mead and braggot supplies and accessories, which shall include any

item utilized for the storage, serving or consumption of mead or braggot

or for decorative purposes. These supplies may be sold as single items

or may be combined into a package containing mead and/or braggot;

(e) mead-making and braggot-making equipment and supplies including,

but not limited to, honey, home mead-making kits, braggot-making kits,

pumps, filters, yeasts, chemicals and other mead and braggot additives,

bottling equipment, bottles, mead and braggot storage and fermenting

vessels, barrels, and books or other written material to assist

mead-makers and braggot-makers and home mead-makers and braggot-makers

to produce and bottle mead and braggot;

(f) souvenir items, which shall include, but not be limited to

artwork, crafts, clothing, agricultural products and any other articles

which can be construed to propagate tourism within the region.

8. Notwithstanding any provision of this chapter to the contrary, any

farm meadery licensee may charge for tours of its premises.

9. The holder of a license issued under this section may operate up to

five branch offices located away from the licensed farm meadery. Such

locations shall be considered part of the licensed premises and all

activities allowed at and limited to the farm meadery may be conducted

at the branch offices. Such branch offices shall not be located within,

share a common entrance and exit with, or have any interior access to

any other business, including premises licensed to sell alcoholic

beverages at retail. Prior to commencing operation of any such branch

office, the licensee shall notify the authority of the location of such

branch office and the authority may issue a permit for the operation of

same.

10. (a) No farm meadery shall manufacture in excess of two hundred

fifty thousand gallons of mead and/or braggot annually.

(b) A licensed farm meadery shall produce at least fifty gallons of

mead and/or braggot annually.

11. Notwithstanding any contrary provision of law or of any rule or

regulation promulgated pursuant thereto, and in addition to the

activities which may otherwise be carried out by any person licensed

under this section, such person may, on the premises designated in such

license:

(a) produce, package, bottle, sell and deliver soft drinks and other

non-alcoholic beverages, vitamins, and other by-products;

(b) recover carbon dioxide and yeast;

(c) store bottles, packages and supplies necessary or incidental to

all such operations;

(d) package, bottle, sell and deliver wine products;

(e) allow for the premises including space and equipment to be rented

by a licensed tenant mead producer for the purposes of alternation.

12. Notwithstanding any other provision of this chapter, the authority

may issue a farm meadery license to the holder of a farm meadery, farm

brewery, farm winery or farm distiller's license for use at such

licensee's existing licensed premises. The holder of a farm meadery,

farm brewery, farm winery or farm distiller's license that

simultaneously holds a farm meadery license on an adjacent premises may

share and use the same tasting room facilities to conduct any tastings

that such licensee is otherwise authorized to conduct.

13. The authority is hereby authorized to promulgate rules and

regulations to effectuate the purposes of this section. In prescribing

such rules and regulations, the authority shall promote the expansion

and profitability of mead and braggot production and of tourism in New

York, thereby promoting the conservation, production and enhancement of

New York state agricultural lands.

14. Notwithstanding any provision of law to the contrary, another

business or other businesses may operate on the licensed premises

subject to such rules and regulations as the liquor authority may

prescribe. Such rules and regulations shall determine which businesses

will be compatible with the policy and purposes of this chapter and

shall consider the effect of particular businesses on the community and

area in the vicinity of the farm meadery premises, provided however that

a retailer business licensed under this chapter shall not be permitted

to operate at a licensed manufacturing premises.