N.Y. Alcoholic Beverage Control Law § 51: Brewer's license

§ 51. Brewer's license. 1. Any person may apply to the liquor

authority for a license to brew beer within this state for sale. Such

application shall be in writing and verified and shall contain such

information as the liquor authority shall require. Such application

shall be accompanied by a check or draft for the amount required by this

article for such license. If the liquor authority shall grant 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 brew beer in the premises

therein specifically licensed.

2. Such a license shall authorize the sale from the licensed premises

of the beer brewed by such licensee to duly licensed wholesalers,

retailers and permittees in this state, and to sell or deliver such beer

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

sale or delivery. A person holding a brewer's license may apply for a

license to sell beer brewed by him at wholesale at premises other than

those designated in the brewery license and the provisions of this

article relative to wholesaler's licenses shall apply so far as

applicable to such application.

3. A licensed brewer may, under such rules as may be adopted by the

liquor authority, sell beer 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.

3-a. A licensed brewer may at the licensed premises conduct tastings

of, and sell at retail for consumption on or off the licensed premises,

any beer manufactured by the licensee or any New York state labeled

beer. Provided, however, that 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: (i) sandwiches, soups or other such foods, whether fresh,

processed, pre-cooked or frozen; and/or (ii) 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 licenses to sell beer at retail for consumption on

and off the premises shall apply so far as applicable to such licensee.

4. A licensed brewery may 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, beer manufactured by the licensee and any

New York state labeled beer. All of the provisions of this chapter

relative to licenses to sell beer at retail for consumption on the

premises shall apply so far as applicable to such licensee.

Notwithstanding any other provision of law, the licensed brewer may

apply to the liquor authority for a license to sell beer, wine or liquor

at retail for consumption on the premises at such establishment. All of

the provisions of this chapter relative to licenses to sell beer, wine

or liquor at retail for consumption on the premises shall apply so far

as applicable to such application.

5. A licensed brewer whose annual production is less than sixty

thousand barrels may apply to the liquor authority for a permit to sell

beer in a sealed container for off-premises consumption at the state

fair, at recognized county fairs and at farmers' markets operated on a

not-for-profit basis. As a condition of the permit a representative from

the brewer must be present at the time of sale.

5-a. Except as otherwise provided in subdivisions three, four, five

and six-a of this section and except as provided in section fifty-two of

this article no brewer shall sell any beer, wine or liquor at retail.

6. Notwithstanding the provisions of subdivision one of section one

hundred one of this chapter the authority may issue a brewer's license

pursuant to this section for a premises which shall be located wholly

within the town of Hyde Park, county of Dutchess, state of New York,

known and designated as Lot No. 1 shown on a map entitled "Subdivision

for Piney" filed in the Dutchess County Clerk's Office as Map No. 8764,

being more particularly bounded and described as follows:

BEGINNING at a point on the easterly line of State Highway Route 9

(also known as Albany Post Road) at the northwest corner of the herein

described parcel and the southwest corner of the lands now or formerly

of Friendly Ice Cream Corp.; thence along the division line between the

herein described parcel and the last mentioned lands; South 77 deg 10'

10" East 310.17 feet to the northeast corner of the herein described

parcel and the southeast corner of the last mentioned lands at a point

on the westerly line of other lands of Fernando Piney which are

designated as Lot No. 1 as shown of Filed Map 5678; thence along the

division line between the herein described parcel and the last described

lands of Piney. South 06 deg 34' 20" West 157.76 feet to the southeast

corner of the herein described parcel and the northeast corner of Lot

No. 2 as shown on Filed Map No. 8764; thence along the northerly line of

Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42"

West 155.26 feet and South 87 deg 45' 20" West 155.00 feet to the

southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a

point on the easterly line of State Highway Route 9; thence along the

easterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00

feet to the point of beginning. Being the same premises as conveyed to

Anthony Lobianco, Joseph Lobianco and Carmelo DeCicco by deed of

Universal Land Abstract, as agent of the grantor, Fernando Piney, dated

March 21, 1995 and recorded in the office of the Dutchess County Clerk

on such date as Receipt no. R12437, Batch record no. A00209; Being the

same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka

& Strohsahl, as agent of the grantor, Carmelo DeCicco, dated November

17, 2003 and recorded in the office of the Dutchess County Clerk on

December 9, 2004 as document no. 02 2004 12028, Receipt no. R98669,

Batch record no. C00440.

6-a. A licensed brewer producing New York state labelled beer may:

(a) sell such beer to licensed farm distillers, farm wineries, farm

cideries and farm breweries. All such beer 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;

(c) sell such beer 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;

(e) apply for a permit to conduct tastings away from the licensed

premises of such beer. 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. Tastings shall be conducted subject to the following

conditions:

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

or solicitor of the licensee. 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 beer or cider 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 licensee.

(f) if it holds a tasting permit issued pursuant to paragraph (e) of

this subdivision, apply to the authority for a permit to sell such beer,

for consumption off the premises, during such tastings in premises

licensed under sections sixty-four, sixty-four-a, eighty-one and

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.

7. 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 on by any person licensed as a

brewer under this chapter, 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, malt, malt sirup,

and other by-products; (b) dry spent grain from the brewery; (c) recover

carbon dioxide and yeast; (d) store bottles, packages and supplies

necessary or incidental to all such operations; (e) package, bottle,

sell and deliver wine products; (f) allow for the premises including

space and equipment to be rented by a licensed tenant brewer for the

purposes of alternation; and (g) manufacture, produce, blend, package,

bottle, purchase, sell and deliver alcoholic beverages. If any licensed

brewer desires to engage in any of the activities in paragraph (a), (b),

(c), (d) or (e) of this subdivision which (a) require the use of

by-products or wastage from the production of beer, or utilize

buildings, room-areas or equipment not fully employed in the production

of beer; or (b) are reasonably necessary to realize the maximum benefit

from the premises and equipment and to reduce the overhead of the

brewery; or (c) are in the public interest because of emergency

conditions; or (d) involve experiments or research projects related to

equipment, materials, processes, products, by-products or wastage of the

brewery, he shall submit an application so to do to the liquor

authority, on forms prescribed and furnished by it. If the authority

determines that the activities specified in the application will not

impede the effective administration of the alcoholic beverage control

law, it may approve such application, subject to such restrictions or

modifications, and in such manner and form as it may determine, and no

brewer licensed under this chapter shall engage in any such activities

without the prior approval of the authority. Provided, however, if the

licensed brewer desires to engage in any activities identified in

paragraph (f) or (g) of this subdivision the licensee shall submit an

application to do so to the liquor authority, on forms prescribed and

furnished by it. If the authority determines that the activities

specified in the application will not impede the effective

administration of this chapter, it may approve such application, subject

to such restrictions or modifications, and in such manner and form as it

may determine. The approval of such application shall be subject to the

imposition of such additional license fees for such activities

identified in paragraph (g) of this subdivision consistent with the

manufacture of any alcoholic beverages under this article and articles

five and six of this chapter. The liquor authority is hereby authorized

to adopt such rules and regulations as it may determine necessary to

effectuate the provisions of this subdivision.

8. (a) A licensee or his or her employee, or a brewer or manufacturer

as defined in section three of this chapter or its employee or

representative, or an importer having a basic permit as required by

section 1.20 of title 27 of the code of federal regulations or its

employee or representative, may obtain a permit to serve small samples

of beer or malt beverages he or she produces or imports at

establishments licensed under section fifty-four or fifty-four-a of this

article. Furthermore such permit may also be obtained for serving small

samples of beer or malt beverages produced or imported by such licensee,

brewer, manufacturer or importer at annual fairs sponsored by

agricultural and horticultural societies as defined in section fourteen

hundred nine of the not-for-profit corporation law, and for sampling at

the licensed premises of the holder of a wholesaler's license under

section fifty-three of this article issued or renewed prior to July

first, nineteen hundred sixty, and thereafter renewed or transferred,

which authorizes the holder thereof to sell beer at retail to a person

for consumption in his or her home. For purposes of this paragraph, a

representative shall not include a person licensed under section

fifty-three of this article or his or her employees.

(b) The fee for a temporary brewer tasting permit shall be twenty

dollars and shall be issued by the authority and dated for its period of

use, which shall not exceed three days. An applicant for such permit may

also apply for an annual brewer tasting permit for a fee of one thousand

dollars which shall be issued by the authority.

(c) Tastings at such licensed establishments or annual fairs shall be

conducted only within the hours fixed by or pursuant to this chapter,

during which alcoholic beverages may be lawfully sold or permitted upon

premises licensed to sell beer or malt beverages for off-premises

consumption.

(d) A licensee or his or her employee may provide small samples of

beer or malt beverages he or she produces at their licensed

establishment. No permit shall be required for a licensee or his or her

employee to provide small samples of beer or malt beverages when served

at his or her licensed establishment.

(e) Each serving at tastings shall be served only by the brewer or

importer or his or her employee and shall be limited to three ounces or

less of a brand of beer or malt beverage produced by the brewer or by

the importer and no consumer of legal age shall be provided or given

more than two servings of such brands offered for tasting.

(f) All beer or other malt beverages served pursuant to a permit

issued under this subdivision shall have been purchased by the retail

licensee upon whose premises the serving of samples is taking place.

(g) A brewer or importer to whom a permit is issued pursuant to this

subdivision may not be assessed a fee or charge by the retail licensee

upon whose premises the serving is taking place for the privilege of

serving such samples.

(h) The brewer or importer, or his or her employee serving such

samples, shall be responsible for ensuring that such samples are only

served to individuals legally eligible to consume alcoholic beverages in

this state.

(i) Any liability stemming from a right of action resulting from the

sampling of beer or other malt beverages as authorized by this

subdivision, and in accordance with the provisions of sections 11-100

and 11-101 of the general obligations law, shall accrue to the brewer or

importer.

(j) The authority is authorized and directed to provide such forms to

a brewer or importer to obtain the necessary temporary brewer tasting

permit and promulgate such rules and regulations, as it deems necessary

or appropriate to implement the provisions of this subdivision to

protect the health, safety and welfare of the people of this state.

9. A brewery shall manufacture at least fifty barrels of beer

annually.