LBD12154-04-2
S. 7727 2 A. 10694
LESS THAN SIXTY PERCENT, BY WEIGHT, OF ALL OF ITS OTHER INGREDIENTS,
EXCLUDING WATER, GROWN IN NEW YORK STATE; AND
(C) FROM JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AND THEREAFTER, BEER
MADE WITH NO LESS THAN NINETY PERCENT, BY WEIGHT, OF ITS HOPS GROWN IN
NEW YORK STATE AND NO LESS THAN NINETY PERCENT, BY WEIGHT, OF ALL OF ITS
OTHER INGREDIENTS, EXCLUDING WATER, GROWN IN NEW YORK STATE.
20-E. "NEW YORK STATE LABELLED CIDER" MEANS CIDER MADE EXCLUSIVELY
FROM APPLES GROWN IN NEW YORK STATE.
S 3. Subdivision 6 of section 51 of the alcoholic beverage control
law, as amended by chapter 258 of the laws of 2009, is renumbered subdi-
vision 5-a and amended to read as follows:
5-a. Except as otherwise provided in subdivisions three, four [and],
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.
S 4. Section 51 of the alcoholic beverage control law is amended by
adding a new subdivision 6-a to read a follows:
6-A. A LICENSED BREWER PRODUCING NEW YORK STATE LABELLED BEER MAY:
(A) SELL SUCH BEER TO LICENSED FARM DISTILLERS, FARM WINERIES 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;
(B) CONDUCT TASTINGS AT THE LICENSED PREMISES OF SUCH BEER;
(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;
(D) SELL AND CONDUCT TASTINGS OF SUCH BEER AT RETAIL FOR CONSUMPTION
ON THE PREMISES OF A RESTAURANT, CONFERENCE CENTER, INN, BED AND BREAK-
FAST OR HOTEL BUSINESS OWNED AND OPERATED BY THE LICENSEE IN OR ADJACENT
TO ITS FARM BREWERY. 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 BEER AT RETAIL FOR CONSUMPTION ON THE PREMISES;
(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 NECES-
SARY. 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 TAST-
INGS; 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 EIGHT-
Y-ONE-A OF THIS CHAPTER. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVI-
LEGE GRANTED THEREBY SHALL BE SUBJECT TO SUCH RULES AND CONDITIONS OF
THE AUTHORITY AS IT DEEMS NECESSARY.
S 5. The alcoholic beverage control law is amended by adding a new
section 51-a to read as follows:
S. 7727 3 A. 10694
S 51-A. FARM BREWERY LICENSE. 1. ANY PERSON MAY APPLY TO THE AUTHORITY
FOR A FARM BREWERY LICENSE AS PROVIDED FOR IN THIS SECTION TO BREW BEER
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 BREW BEER IN THE PREMISES
THEREIN SPECIFICALLY LICENSED.
2. A FARM BREWERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPER-
ATE A BREWERY FOR THE MANUFACTURE OF NEW YORK STATE LABELLED BEER. SUCH
A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE TO:
(A) MANUFACTURE NEW YORK STATE LABELLED CIDER;
(B) SELL IN BULK BEER AND 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;
(C) SELL OR DELIVER BEER AND CIDER MANUFACTURED BY THE LICENSEE TO
PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH
DELIVERY;
(D) SELL BEER AND CIDER MANUFACTURED BY THE LICENSEE TO WHOLESALERS
AND RETAILERS LICENSED IN THIS STATE TO SELL SUCH BEER AND CIDER,
LICENSED FARM DISTILLERS, LICENSED FARM WINERIES AND ANY OTHER LICENSED
FARM BREWERY. ALL SUCH BEER AND 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;
(E) SELL AT THE LICENSED PREMISES BEER AND CIDER MANUFACTURED BY THE
LICENSEE OR ANY OTHER LICENSED FARM BREWERY AT RETAIL FOR CONSUMPTION ON
OR OFF THE LICENSED PREMISES;
(F) CONDUCT TASTINGS AT THE LICENSED PREMISES OF BEER AND CIDER MANU-
FACTURED BY THE LICENSEE OR ANY OTHER LICENSED FARM BREWERY;
(G) SELL AND CONDUCT TASTINGS OF BEER AND CIDER MANUFACTURED BY THE
LICENSEE OR ANY OTHER LICENSED FARM BREWERY 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 BREWERY. 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 BEER AT RETAIL FOR CONSUMPTION ON THE PREMISES;
(H) SELL BEER AND CIDER MANUFACTURED BY THE LICENSEE OR ANY OTHER
LICENSED FARM BREWERY 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;
(I) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION 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 OFF THE
PREMISES NEW YORK STATE LABELLED LIQUOR MANUFACTURED BY A LICENSED
DISTILLER OR LICENSED FARM DISTILLER; PROVIDED, HOWEVER, THAT NO CONSUM-
ER 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
(K) ENGAGE IN ANY OTHER BUSINESS ON THE LICENSED PREMISES SUBJECT TO
SUCH RULES AND REGULATIONS AS THE AUTHORITY MAY PRESCRIBE. SUCH RULES
S. 7727 4 A. 10694
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 BREWERY LICENSEE.
3. (A) A FARM BREWERY LICENSEE MAY APPLY FOR A PERMIT TO CONDUCT TAST-
INGS AWAY FROM THE LICENSED PREMISES OF BEER AND 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 BREWERIES. 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 FARM BREWERY.
4. A LICENSED FARM BREWERY HOLDING A TASTING PERMIT ISSUED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION MAY APPLY TO THE AUTHORITY FOR A
PERMIT TO SELL BEER AND CIDER PRODUCED BY SUCH FARM BREWERY, 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 NECES-
SARY.
5. A LICENSED FARM BREWERY MAY, UNDER SUCH RULES AS MAY BE ADOPTED BY
THE AUTHORITY, SELL BEER OR CIDER MANUFACTURED BY THE LICENSEE OR ANY
OTHER LICENSED FARM BREWERY 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 BREWERY MAY APPLY TO THE AUTHORITY FOR A LICENSE TO
SELL 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 BREWERY. ALL OF THE PROVISIONS OF THIS CHAPTER
RELATIVE TO LICENSES TO SELL LIQUOR OR WINE AT RETAIL OR CONSUMPTION ON
THE PREMISES SHALL APPLY SO FAR AS APPLICABLE.
7. A FARM BREWERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO MANU-
FACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS MUSTARDS,
SAUCES, HOP SEASONINGS, BEER NUTS, AND OTHER HOPS AND BEER RELATED FOODS
IN ADDITION TO BEER AND HOP SOAPS, HOP PILLOWS, HOP WREATHS AND 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 BEER.
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 BEER AND CIDER TAST-
INGS, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINAR-
ILY 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,
MUSTARDS AND CRACKERS;
S. 7727 5 A. 10694
(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, BEER AND/OR HOP RELATED PRODUCTS;
(D) BEER SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM
UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF BEER OR FOR DECORA-
TIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE
COMBINED INTO A PACKAGE CONTAINING BEER;
(E) BEER-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO,
HOME BEER-MAKING OR HOMEBREWING KITS, FILTERS, BOTTLING EQUIPMENT, HOPS,
BARLEY, YEASTS, CHEMICALS AND OTHER BEER ADDITIVES, AND BOOKS OR OTHER
WRITTEN MATERIAL TO ASSIST BEER-MAKERS AND HOME BEER-MAKERS OR HOMEBREW-
ERS TO PRODUCE AND BOTTLE BEER;
(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 BREWERY 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 BREWERY. SUCH
LOCATIONS SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM BREWERY 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 BEVER-
AGES 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. NO FARM BREWERY SHALL MANUFACTURE IN EXCESS OF SIXTY THOUSAND
FINISHED BARRELS OF BEER ANNUALLY.
11. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, NO
LICENSED FARM BREWERY SHALL MANUFACTURE OR SELL ANY BEER OTHER THAN NEW
YORK STATE LABELLED BEER.
(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, DETER-
MINES THAT A NATURAL DISASTER, ACT OF GOD, OR CONTINUED ADVERSE WEATHER
CONDITION HAS DESTROYED MUCH OF THE NECESSARY INGREDIENTS FOR BREWING
BEER, SUCH COMMISSIONER, IN CONSULTATION WITH THE CHAIRMAN OF THE
AUTHORITY, MAY GIVE AUTHORIZATION TO A DULY LICENSED FARM BREWERY TO
MANUFACTURE OR SELL BEER PRODUCED FROM INGREDIENTS GROWN OR PRODUCED
OUTSIDE THIS STATE. NO SUCH AUTHORIZATION SHALL BE GRANTED TO A FARM
BREWERY LICENSEE UNLESS SUCH LICENSEE CERTIFIES TO SUCH COMMISSIONER THE
QUANTITY OF NEW YORK GROWN INGREDIENTS 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 BREWING INGREDIENTS FROM A NEW YORK STATE SOURCE FOR SUCH
BEER MAKING PURPOSE. NO FARM BREWERY SHALL UTILIZE AN AMOUNT OF OUT-OF-
STATE GROWN OR PRODUCED INGREDIENTS EXCEEDING THE AMOUNT OF NEW YORK
GROWN INGREDIENTS THAT SUCH BREWERY IS UNABLE TO OBTAIN DUE TO THE
DESTRUCTION OF NEW YORK GROWN OR PRODUCED INGREDIENTS BY A NATURAL
DISASTER, ACT OF GOD OR CONTINUING ADVERSE WEATHER CONDITION AS DETER-
MINED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT TO THIS
SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS AND THE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND
REGULATIONS AS THEY MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF
S. 7727 6 A. 10694
THIS SUBDIVISION WHICH SHALL INCLUDE ENSURING THAT IN MANUFACTURING BEER
FARM BREWERIES UTILIZE INGREDIENTS GROWN OR PRODUCED IN NEW YORK STATE
TO THE EXTENT THEY ARE REASONABLY AVAILABLE, PRIOR TO UTILIZING INGREDI-
ENTS FROM AN OUT-OF-STATE SOURCE FOR SUCH PURPOSE.
(C) THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAKE AVAILABLE
TO FARM BREWERIES AND TO THE PUBLIC EACH SPECIFIC INGREDIENT LOSS DETER-
MINATION ISSUED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION ON OR
BEFORE 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
EACH YEAR RESULTS IN ANY INGREDIENT LOSS WHICH MEETS THE STANDARDS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER OF AGRI-
CULTURE AND MARKETS, IN CONSULTATION WITH THE CHAIRMAN OF THE AUTHORITY,
MAY ISSUE ADDITIONAL INGREDIENT LOSS DETERMINATIONS AND SHALL EXPE-
DITIOUSLY MAKE AVAILABLE TO FARM BREWERIES AND TO THE PUBLIC EACH
SPECIFIC INGREDIENT LOSS DETERMINATION ISSUED PURSUANT TO THIS PARAGRAPH
PRIOR TO OCTOBER TENTH OF EACH YEAR.
12. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, NO
LICENSED FARM BREWERY 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, DETER-
MINES THAT A NATURAL DISASTER, ACT OF GOD, OR CONTINUED ADVERSE WEATHER
CONDITION HAS DESTROYED MUCH 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 BREWERY TO
MANUFACTURE OR SELL CIDER PRODUCED FROM APPLES GROWN OUTSIDE THIS STATE.
NO SUCH AUTHORIZATION SHALL BE GRANTED TO A FARM BREWERY LICENSEE UNLESS
SUCH LICENSEE CERTIFIES TO SUCH COMMISSIONER THE QUANTITY OF NEW YORK
GROWN APPLES 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 APPLES FROM A
NEW YORK STATE SOURCE FOR SUCH CIDER MAKING PURPOSE. NO FARM BREWERY
SHALL UTILIZE AN AMOUNT OF OUT-OF-STATE GROWN APPLES EXCEEDING THE
AMOUNT OF NEW YORK GROWN APPLES THAT SUCH BREWERY 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 SUBDIVI-
SION WHICH SHALL INCLUDE ENSURING THAT IN MANUFACTURING CIDER FARM BREW-
ERIES 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 BREWERIES AND TO THE PUBLIC EACH SPECIFIC APPLE LOSS DETERMI-
NATION 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
S. 7727 7 A. 10694
OF EACH YEAR RESULTS IN ANY APPLE CROP LOSS WHICH MEETS THE STANDARDS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER OF AGRI-
CULTURE AND MARKETS, IN CONSULTATION WITH THE CHAIRMAN OF THE AUTHORITY,
MAY ISSUE ADDITIONAL APPLE CROP LOSS DETERMINATIONS AND SHALL EXPE-
DITIOUSLY MAKE AVAILABLE TO FARM BREWERIES AND TO THE PUBLIC THE LOSS
DETERMINATION ISSUED PURSUANT TO THIS PARAGRAPH PRIOR TO OCTOBER TENTH
OF EACH YEAR.
13. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, AND IN ADDITION TO THE ACTIV-
ITIES 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, MALT, MALT SYRUP, AND OTHER BY-PRO-
DUCTS;
(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.
14. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY ISSUE A FARM BREWERY LICENSE TO THE HOLDER OF A FARM WINERY OR FARM
DISTILLER'S LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREM-
ISES. THE HOLDER OF A FARM WINERY OR FARM DISTILLER'S LICENSE THAT
SIMULTANEOUSLY HOLDS A FARM BREWERY 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.
15. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. IN PRESCRIBING SUCH
RULES AND REGULATIONS, THE AUTHORITY SHALL PROMOTE THE EXPANSION AND
PROFITABILITY OF BEER AND CIDER PRODUCTION AND OF TOURISM IN NEW YORK,
THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW
YORK STATE AGRICULTURAL LANDS.
S 6. Subdivision 1 of section 56 of the alcoholic beverage control
law, as amended by section 1 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
1. The annual fee for a [brewer's] license TO MANUFACTURE BEER shall
be:
(A) four thousand dollars FOR A BREWER'S LICENSE, unless the annual
production of the brewer is less than sixty thousand barrels per year,
in which case the annual fee shall be three hundred twenty dollars;
(B) THREE HUNDRED TWENTY DOLLARS FOR A FARM BREWERY LICENSE.
S 7. Subdivision 1 of section 56-a of the alcoholic beverage control
law, as amended by section 1 of part B of chapter 56 of the laws of
2004, is amended to read as follows:
1. In addition to the annual fees provided for in this chapter, there
shall be paid to the [division] AUTHORITY with each initial application
for a license filed pursuant to section fifty-one, FIFTY-ONE-A, fifty-
three, fifty-eight, sixty-one, sixty-two, seventy-six or seventy-eight
of this chapter, a filing fee of four hundred dollars; with each initial
application for a license filed pursuant to section sixty-three, sixty-
four, sixty-four-a or sixty-four-b of this chapter, a filing fee of two
hundred dollars; with each initial application for a license filed
pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,
S. 7727 8 A. 10694
seventy-nine, eighty-one or eighty-one-a of this chapter, a filing fee
of one hundred dollars; with each initial application for a permit filed
pursuant to section [seventy-seven,] ninety-one, ninety-one-a, ninety-
two, ninety-two-a, ninety-three, ninety-three-a, if such permit is to be
issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one
of section ninety-nine-b of this chapter if such permit is to be issued
on a calendar year basis, or for an additional bar pursuant to subdivi-
sion four of section one hundred of this chapter, a filing fee of twenty
dollars; and with each application for a permit under section ninety-
three-a of this chapter, other than a permit to be issued on a calendar
year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety-
nine-b of this chapter, other than a permit to be issued pursuant to
paragraph b, c, e or j of subdivision one of section ninety-nine-b of
this chapter on a calendar year basis, a filing fee of ten dollars.
S 8. Subdivision 2 of section 56-a of the alcoholic beverage control
law, as amended by chapter 55 of the laws of 1992, is amended to read as
follows:
2. In addition to the annual fees provided for in this chapter, there
shall be paid to the authority with each renewal application for a
license filed pursuant to section fifty-one, FIFTY-ONE-A, fifty-three,
fifty-eight, sixty-one, sixty-two, seventy-six or seventy-eight of this
chapter, a filing fee of one hundred dollars; with each renewal applica-
tion for a license filed pursuant to section sixty-three, sixty-four,
sixty-four-a or sixty-four-b of this chapter, a filing fee of ninety
dollars; with each renewal application for a license filed pursuant to
section seventy-nine, eighty-one or eighty-one-a of this chapter, a
filing fee of twenty-five dollars; and with each renewal application for
a license or permit filed pursuant to section fifty-three-a, fifty-four,
fifty-five, fifty-five-a, [seventy-seven,] ninety-one, ninety-one-a,
ninety-two, ninety-two-a, ninety-three, ninety-three-a, if such permit
is issued on a calendar year basis, ninety-four, ninety-five, ninety-six
or ninety-six-a of this chapter or pursuant to subdivisions b, c, e or j
of section ninety-nine-b, if such permit is issued on a calendar year
basis, or with each renewal application for an additional bar pursuant
to subdivision four of section one hundred of this chapter, a filing fee
of thirty dollars.
S 9. Subdivision 1 of section 61 of the alcoholic beverage control
law, as amended by chapter 581 of the laws of 1951, is amended to read
as follows:
1. A class A distiller's license shall authorize the holder thereof to
operate a distillery for the manufacture of liquors by distillation or
redistillation at the premises specifically designated in the license.
Such a license shall also authorize the sale in bulk by such licensee
from the licensed premises of the products manufactured under such
license to any person holding a distiller's class A license, a
distiller's class B license or a permittee engaged in the manufacture of
products which are unfit for beverage use. It shall also authorize the
sale from the licensed premises and from one other location in the state
of New York of any liquor whether or not manufactured by such licensee
to a wholesale or retail liquor licensee or permittee in sealed contain-
ers of not more than one quart each. SUCH LICENSE SHALL ALSO AUTHORIZE
THE SALE OF NEW YORK STATE LABELLED LIQUOR TO LICENSED FARM WINERIES AND
FARM BREWERIES IN SEALED CONTAINERS OF NOT MORE THAN ONE QUART EACH.
Such license shall also include the privilege to operate a rectifying
S. 7727 9 A. 10694
plant under the same terms and conditions as the holder of a class B
distiller's license without the payment of any additional fee.
S 10. Paragraph (a) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as amended by chapter 454 of the laws of 2008, is
amended to read as follows:
(a) A class D distiller's license, otherwise known as a farm distil-
lery license, shall authorize the holder of such a license to operate a
farm distillery at the premises specifically designated in the license:
(i) To manufacture liquor primarily from farm and food products, as
defined in subdivision two of section two hundred eighty-two of the
agriculture and markets law;
(ii) To put such liquor into containers of not more than one quart
each, which containers shall then be sealed and to sell such liquor at
wholesale, for resale, and to LICENSED FARM WINERIES AND FARM BREWERIES,
wholesale and retail licensees, and permittees;
(iii) To sell at retail, for personal use, in such sealed containers;
[and]
(iv) To sell in bulk, liquor manufactured by the licensee to a winery
or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C
distiller's license, or to the holder of a permit issued pursuant to
paragraph c of subdivision one of section ninety-nine-b of this chap-
ter[.];
(V) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELLED BEER MANUFACTURED BY A LICENSED BREWER
OR LICENSED FARM BREWERY;
(VI) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELLED CIDER MANUFACTURED BY A LICENSED BREW-
ER, LICENSED FARM BREWERY, LICENSED FARM WINERY OR LICENSED CIDER
PRODUCER; AND
(VII) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF
THE PREMISES NEW YORK STATE LABELLED WINE MANUFACTURED BY A LICENSED
WINERY OR LICENSED FARM WINERY.
S 11. Subdivision 2 of section 76 of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended to read
as follows:
2. A winery license shall authorize the holder thereof:
(a) to operate a winery for the manufacture of wine at the premises
specifically designated in the license;
(b) to receive and possess wine from other states consigned to a
United States government bonded winery, warehouse or storeroom located
within the state;
(c) to sell in bulk from the licensed premises the products manufac-
tured under such license and wine received by such licensee from any
other state to any winery licensee, any distiller licensee or to a
permittee engaged in the manufacture of products which are unfit for
beverage use and to sell or deliver such wine to persons outside the
state pursuant to the laws of the place of such sale or delivery;
(d) to sell from the licensed premises to a licensed wholesaler or
retailer, or to a corporation operating railroad cars or aircraft for
consumption on such carriers, wine manufactured or received by the
licensee as above set forth in the original sealed containers of not
more than fifteen gallons each and to sell or deliver such wine to
persons outside the state pursuant to the laws of the place of such sale
or delivery. All wine sold by such licensee shall be securely sealed and
have attached thereto a label setting forth such information as shall be
required by this chapter; [and]
S. 7727 10 A. 10694
(e) TO SELL FROM THE LICENSED PREMISES TO LICENSED FARM WINERIES AND
FARM BREWERIES NEW YORK STATE LABELLED WINE MANUFACTURED BY THE LICENSEE
IN THE ORIGINAL SEALED CONTAINERS OF NOT MORE THAN FIFTEEN GALLONS EACH;
AND
(F) to operate, or use the services of, a custom crush facility as
defined in subdivision nine-a of section three of this chapter.
S 12. Paragraph (c) of subdivision 2 of section 76-a of the alcoholic
beverage control law, as added by chapter 221 of the laws of 2011, is
amended to read as follows:
(c) sell from the licensed premises to a licensed WINERY, FARM DISTIL-
LER, FARM BREWERY, wholesaler or retailer, or to a corporation operating
railroad cars or aircraft for consumption on such carriers, or at retail
for consumption off the premises, wine or cider manufactured by the
licensee as above set forth and to sell or deliver such wine or cider to
persons outside the state pursuant to the laws of the place of such sale
or delivery. All wine or cider sold by such licensee for consumption off
the premises shall be securely sealed and have attached thereto a label
setting forth such information as shall be required by this chapter;
S 13. Subparagraph 6 of paragraph (b) of subdivision 4 of section 76-a
of the alcoholic beverage control law, as amended by chapter 571 of the
laws of 2008, is amended to read as follows:
(6) New York state labelled wine or liquors produced or manufactured
by any other New York state winery or farm winery licensee or by the
holder of [a class A-1, B-1, or C] ANY distiller's license. Such wine or
liquors may be purchased outright by the licensee from a New York winery
or farm winery licensee or the holder of [a class A-1, B-1, or C] ANY
distiller's license or obtained on a consignment basis pursuant to a
written agreement between the selling and purchasing licensee.
S 14. Subdivision 6 of section 76-a of the alcoholic beverage control
law is amended by adding two new paragraphs (g) and (h) to read as
follows:
(G) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELLED BEER MANUFACTURED BY A LICENSED BREWER
OR FARM BREWERY.
(H) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELLED CIDER MANUFACTURED BY A LICENSED BREW-
ER, LICENSED FARM BREWERY, LICENSED FARM WINERY OR LICENSED CIDER
PRODUCER.
S 15. Subdivision 42 of section 16 of the agriculture and markets law,
as amended by chapter 227 of the laws of 2006, is amended to read as
follows:
42. (A) For purposes of making timely determinations and consulting
with the chairman of the state liquor authority pursuant to subdivision
five of section seventy-six-a of the alcoholic beverage control law,
investigate and compile information relative to natural disasters, acts
of God, or continued adverse weather conditions which shall affect the
crop of grapes or other fruit products used in the production of wine.
(B) FOR PURPOSES OF MAKING TIMELY DETERMINATIONS AND CONSULTING WITH
THE CHAIRMAN OF THE STATE LIQUOR AUTHORITY PURSUANT TO SUBDIVISION ELEV-
EN OF SECTION FIFTY-ONE-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW, INVES-
TIGATE AND COMPILE INFORMATION RELATIVE TO NATURAL DISASTERS, ACTS OF
GOD, OR CONTINUED ADVERSE WEATHER CONDITIONS WHICH SHALL AFFECT THE
NECESSARY INGREDIENTS FOR BREWING BEER.
(C) FOR PURPOSES OF MAKING TIMELY DETERMINATIONS AND CONSULTING WITH
THE CHAIRMAN OF THE STATE LIQUOR AUTHORITY PURSUANT TO SUBDIVISION
TWELVE OF SECTION FIFTY-ONE-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW,
S. 7727 11 A. 10694
INVESTIGATE AND COMPILE INFORMATION RELATIVE TO NATURAL DISASTERS, ACTS
OF GOD, OR CONTINUED ADVERSE WEATHER CONDITIONS WHICH SHALL AFFECT THE
CROP OF APPLES USED IN THE PRODUCTION OF CIDER.
S 16. Subparagraph (C) of paragraph 1 of subdivision (i) of section
1136 of the tax law, as amended by a chapter of the laws of 2012 amend-
ing the tax law relating to farm winery and farm distillery sales tax
information return filing requirements, as proposed in legislative bills
numbers S. 7019 and A. 9523, is amended to read as follows:
(C) Every wholesaler, as defined by section three of the alcoholic
beverage control law, if it has made a sale of an alcoholic beverage, as
defined by section four hundred twenty of this chapter, without collect-
ing sales or use tax during the period covered by the return, except (i)
a sale to a person that has furnished an exempt organization certificate
to the wholesaler for that sale; or (ii) a sale to another wholesaler
whose license under the alcoholic beverage control law does not allow it
to make retail sales of the alcoholic beverage. For each vendor, opera-
tor, or recipient to whom the wholesaler has made a sale without
collecting sales or compensating use tax, the return must include the
total value of those sales made during the period covered by the return
(excepting the sales described in clauses (i) and (ii) of this subpara-
graph) and the vendor's, operator's or recipient's state liquor authori-
ty license number, along with the information required by paragraph two
of this subdivision. A person operating pursuant to a farm winery
license as provided in section seventy-six-a of the alcoholic beverage
control law, or a person operating pursuant to a farm distillery license
as provided in subdivision two-c of section sixty-one of such law, OR A
PERSON OPERATING PURSUANT TO A FARM BREWERY LICENSE AS PROVIDED IN
SECTION FIFTY-ONE-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW, or a person
operating pursuant to [both] ANY COMBINATION OF such licenses, shall not
be subject to any of the requirements of this subdivision.
S 17. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that the amendment to subpar-
agraph (C) of paragraph 1 of subdivision (i) of section 1136 of the tax
law, as amended by section sixteen of this act shall take effect on the
same date and in the same manner as a chapter of the laws of 2012 amend-
ing the tax law relating to farm winery and farm distillery sales tax
information return filing requirements, as proposed in legislative bills
numbers S. 7019 and A. 9523, takes effect.