N.Y. Alcoholic Beverage Control Law § 58: Cider producers' or wholesalers' license

§ 58. Cider producers' or wholesalers' license. 1. Any person may

apply to the liquor authority for a cider producers' or wholesalers'

license as provided for in this subdivision. Such application shall be

in writing 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 subdivision 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. A license issued under

this subdivision shall authorize the licensee to manufacture cider

within the licensed premises in this state for sale in bottles, barrels

or casks to beer, wine and liquor retail licensee and/or to sell cider

at wholesale from the licensed premises to such licensees and to holders

of licenses under this section in bottles, barrels or casks and to sell

and deliver cider to persons outside the state pursuant to the laws of

the place of such sale or delivery. The annual fee for such a license

shall be one hundred twenty-five dollars; provided, however, that the

annual fee for a farm cidery license shall be seventy-five dollars. The

provisions contained in section sixty-seven of this chapter shall apply

to all licenses issued pursuant to this article.

2. (a) Any person licensed pursuant to subdivision one of this section

may conduct cider tastings of New York state labelled ciders in

establishments licensed pursuant to section sixty-three of this chapter

to sell alcoholic beverages for off-premises consumption. Such cider

producer or wholesaler may charge a fee of not more than twenty-five

cents for each cider sample tasted. The liquor authority shall

promulgate rules and regulations relating to the conduct of such

tastings.

(b) Any person licensed pursuant to subdivision one of this section

may conduct cider tastings of New York state labelled ciders and apply

to the liquor authority for a permit to sell cider produced by such

cider producer or wholesaler, by the bottle, during such tastings in

establishments licensed pursuant to section sixty-four of this chapter

to sell alcoholic beverages for consumption on the premises. Such cider

producer or wholesaler may charge a fee of not more than twenty-five

cents for each cider sample tasted. The liquor authority shall

promulgate rules and regulations relating to the conduct of tastings.

(c) Cider tastings shall be conducted subject to the following

limitations:

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

representative or solicitor of one or more cider producers or

wholesalers. 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

cider tasting as authorized pursuant to this subdivision and in

accordance with the provisions of sections 11-100 and 11-101 of the

general obligations law, shall accrue to the cider producer or

wholesaler licensee.

3. Notwithstanding any provision of this chapter to the contrary, a

licensed cider wholesaler may apply to the liquor authority for a permit

to sell New York state labelled cider by the bottle and conduct cider

tastings at the state fair, at recognized county fairs and at farmers

markets operated on a not-for-profit basis. As a condition of such

permit, an agent, representative or solicitor from the cider wholesaler

shall be present at the time of sale or tastings.

3-a. A licensed cider producer producing New York state labelled cider

may:

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

cideries and farm breweries. All such cider 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;

(b) conduct tastings at the licensed premises of such cider or any

other New York state labeled cider;

(c) sell such cider 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;

(d) sell and conduct tastings of such cider at retail for consumption

on the premises of a restaurant, conference center, inn, bed and

breakfast or hotel business owned and operated by the licensee in or

adjacent to its farm cidery. A licensee who operates a restaurant,

conference center, inn, bed and breakfast or hotel pursuant to such

authority shall comply with all applicable provisions of this chapter

which relate to licenses to sell cider at retail for consumption on the

premises;

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

premises of such cider. 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 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

cider, 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.

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

one or more cider producer or wholesaler licensee, singly or jointly,

may apply to the liquor authority for a license or licenses to sell

cider at retail for consumption off the premises. The duration of such

license shall be coextensive with the duration of such licensee's cider

producer or wholesaler license, and the fee therefor shall be six

hundred forty dollars if such retail premises is located in cities

having a population of one million or more; in cities having less than

one million population and more than one hundred thousand, three hundred

twenty dollars; and elsewhere, the sum of one hundred sixty dollars.

Such license shall entitle the holder thereof to sell at retail for

consumption off the premises any New York state labelled cider. Such

license shall also entitle the holder thereof to conduct cider tastings

on such licensed premises and charge for such tastings. Not more than

five such licenses shall be issued to any licensed cider producer or

wholesaler. All other provisions of this chapter relative to licenses to

sell cider at retail for consumption off the premises shall apply so far

as applicable to such application. The liquor authority is hereby

authorized to adopt such rules as it may deem necessary to carry out the

purpose of this subdivision, provided that all licenses issued pursuant

to this subdivision shall be subject to the same rules and regulations

as are applicable to the sale of cider at retail for consumption off the

premises of the cider producer or wholesaler licensee.

5. A cider producer shall manufacture at least fifty gallons of cider

annually.