N.Y. Alcoholic Beverage Control Law § 58-c: Farm cidery license

§ 58-c. Farm cidery license. 1. Any person may apply to the authority

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

cider 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 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 produce cider in the

premises therein specifically licensed.

2. A farm cidery license shall authorize the holder thereof to operate

a cidery for the manufacture of New York state labelled cider. Such a

license shall also authorize the licensee to:

(a) sell in bulk cider 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 cider manufactured by the licensee to persons

outside the state pursuant to the laws of the place of such delivery;

(c) sell cider manufactured by the licensee to wholesalers and

retailers licensed in this state to sell such cider, licensed farm

distillers, licensed farm wineries, licensed wineries, licensed farm

breweries and any other licensed farm cidery. 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;

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

retail for consumption on or off the licensed premises, any cider

manufactured by the licensee or any New York state labeled cider.

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 cider 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, cider

manufactured by the licensee and any New York state labeled cider. All

of the provisions of this chapter relative to licensees to selling cider

at retail shall apply. Notwithstanding any other provision of law, the

licensed farm cidery 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;

(g) sell cider manufactured by the licensee or any other licensed farm

cidery 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;

(h) 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;

(i) 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;

(j) 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;

(j-1) conduct tastings of and sell at retail for consumption on or off

the premises New York state labelled mead manufactured by a person

licensed to produce mead under this chapter;

(j-2) conduct tastings of and sell at retail for consumption on or off

the premises New York state labelled braggot manufactured by a person

licensed to produce braggot under this chapter; and

(k) 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 cidery licensee.

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

tastings away from the licensed premises of cider 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 cideries. 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 farm cidery.

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

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

permit to sell cider produced by such farm cidery, by the bottle, 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.

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

the authority, sell cider manufactured by the licensee or any other

licensed farm cidery 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 cidery 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 by him and conducted and operated by the licensee

in or adjacent to its farm cidery. 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 cidery license shall authorize the holder thereof to

manufacture, bottle and sell food condiments and products such as

mustards, sauces, jams, jellies, mulling spices and other cider 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 cider. 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 cider 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 cider related products;

(d) cider supplies and accessories, which shall include any item

utilized for the storage, serving or consumption of cider or for

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

be combined into a package containing cider;

(e) cider-making equipment and supplies including, but not limited to,

apples, apple juice, other pome fruits, other pome fruit juices, home

cider-making kits, presses, pumps, filters, yeasts, chemicals and other

cider additives, bottling equipment, bottles, cider storage and

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

assist cider-makers and home cider-makers to produce and bottle cider;

(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 cidery 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 cidery. Such

locations shall be considered part of the licensed premises and all

activities allowed at and limited to the farm cidery 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 cidery shall manufacture in excess of two hundred

fifty thousand gallons of cider annually.

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

cider annually.

11. (a) Except as provided in paragraph (b) of this subdivision, no

licensed farm cidery shall manufacture or sell any cider other than New

York state labelled cider.

(b) In the event that the commissioner of agriculture and markets,

after investigating and compiling information pursuant to subdivision

forty-two of section sixteen of the agriculture and markets law,

determines that a natural disaster, act of God, or continued adverse

weather condition has destroyed at least thirty percent of the apple

crop necessary for producing cider, such commissioner, in consultation

with the chairman of the authority, may give authorization to a duly

licensed farm cidery to manufacture or sell cider produced from such

apples designated as necessary for producing cider and grown outside

this state. No such authorization shall be granted to a farm cidery

licensee unless such licensee certifies to such commissioner the

quantity of such New York grown apples designated as necessary for

producing cider unavailable to such licensee due to such natural

disaster, act of God, or continuing adverse weather condition and

satisfies such commissioner that reasonable efforts were made to obtain

such apples from a New York state source for such cider making purpose.

No farm cidery shall utilize an amount of out-of-state grown apples

exceeding the amount of New York grown apples that such cidery is unable

to obtain due to the destruction of New York grown apples by a natural

disaster, act of God, or continuing adverse weather condition as

determined by the commissioner of agriculture and markets pursuant to

this subdivision. For purposes of this subdivision, the department of

agriculture and markets and the authority are authorized to adopt rules

and regulations as they may deem necessary to carry out the provisions

of this subdivision which shall include ensuring that in manufacturing

cider farm cideries utilize apples grown in New York state to the extent

they are reasonably available, prior to utilizing apples from an

out-of-state source for such purpose.

(c) The commissioner of agriculture and markets shall make available

to farm cideries and to the public each specific apple loss

determination issued pursuant to paragraph (b) of this subdivision on or

after August twentieth of each year.

(d) In the event that the continuing effects of a natural disaster,

act of God, or adverse weather condition which occurred prior to August

twentieth of each year or the effects of a natural disaster, act of God,

or adverse weather condition which occurs subsequent to August twentieth

of each year results in any apple crop loss which meets the standards

provided in paragraph (b) of this subdivision, the commissioner of

agriculture and markets, in consultation with the chairman of the

authority, may issue additional apple crop loss determinations and shall

expeditiously make available to farm cideries and to the public the loss

determination issued pursuant to this paragraph prior to October tenth

of each year.

12. 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 cider producer for the purposes of alternation.

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

may issue a farm cidery license to the holder of a farm brewery, farm

winery or farm distiller's license for use at such licensee's existing

licensed premises. The holder of a farm brewery, farm winery or farm

distiller's license that simultaneously holds a farm cidery 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.

14. 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 cider production and of tourism in New York,

thereby promoting the conservation, production and enhancement of New

York state agricultural lands.

15. 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 cidery premises, provided however that

a retailer business licensed under this chapter shall not be permitted

to operate at a licensed manufacturing premises.