N.Y. Alcoholic Beverage Control Law § 52: Custom beermakers' center

§ 52. Custom beermakers' center. 1. Any person may apply to the

authority on or before December thirty-first, two thousand nineteen for

a custom beermakers' center license as provided for in this section to

operate a custom beermakers' center facility and provide individuals

with rental space, the use of equipment and storage facilities, and/or

beer making supplies for the production of beer by such individuals for

personal household use and not for resale in accordance with state and

federal laws, rules, and regulations authorizing such production. Such

application shall be in writing and verified and shall contain such

information as the authority shall require, provided, however, the

holder of a license under this section may renew such license on or

after December thirty-first, two thousand nineteen. Such application

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

article for such license. 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 operate such center to manufacture beer for

personal household use in the premises therein specifically licensed.

2. For the purposes of this section, "beer making supplies" shall mean

hops, grains, malted grains, wort, sugars, yeasts, water, fruits, fruit

juices, and other agricultural products including, but not limited to,

honey and flowers, that are grown or produced in the state of New York,

in quantity amounts as determined by the authority and shall be governed

by paragraph (b) of subdivision eleven of section fifty-one-a of this

article.

3. A custom beermakers' center license shall authorize the holder

thereof to operate a facility for individuals to rent space, equipment,

and storage facilities and, if necessary, to purchase beer making

supplies to manufacture beer for personal household use provided that

the manufacture and production of beer for personal household

consumption and use is done in accordance with state and federal laws

and regulations. Such a license shall also authorize the licensee,

provided such activities are permitted by the federal Alcohol and

Tobacco Tax and Trade Bureau for the manufacture of tax exempt beer for

personal household use, to:

(a) conduct training classes on how to manufacture beer; and

(b) conduct beer tastings for those individuals taking such classes

and/or using such facility for brewing purposes at the licensed facility

provided that the tastings shall be subject to the following

limitations:

(i) tastings shall be conducted by the licensee or by an official

agent of the licensee. Such licensee or agent 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 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 custom beermakers' center.

4. The custom beermakers' center licensee shall be subject to the

supervision of the authority to ensure that the licensee and the

individuals utilizing such center are in compliance with the provisions

of this chapter, state laws, rules, and regulations, and the laws,

rules, and regulations of the federal Alcohol and Tobacco Tax and Trade

Bureau.

5. The licensee or an official agent of the licensee shall be

physically present at all times during the facility's hours of

operations.

6. The annual aggregate production of beer at any such center for all

individuals making beer at such premises, pursuant to a custom

beermakers' center license, shall not exceed the production limits set

by the authority that are commensurate with a non-commercial production

facility. Provided that such aggregate production limit shall not be

offset by beer produced at such facility under a brewer's license or

farm brewery license.

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

may issue a custom beermakers' center license to the holder of a farm

brewery or brewery license for use at such licensee's existing licensed

premises.

8. The authority is hereby authorized to promulgate rules and

regulations to effectuate the purposes of this section.

9. The licensee must maintain a record of the name, address, and

contact information of the individuals that have used such facility and

the annual amount of beer produced by each individual at the facility

pursuant to the rules of the authority.