A. 8047 2
BEVERAGE SHALL BE SOLD AS A CIDER OR A WINE FOR ALL PURPOSES UNDER THIS
CHAPTER.
S 2. Section 3 of the alcoholic beverage control law is amended by
adding two new subdivisions 7-c and 7-d to read as follows:
7-C. "CIDERY" MEANS AND INCLUDES ANY PLACE OR PREMISES WHEREIN CIDER
IS MANUFACTURED FOR SALE.
7-D. "FARM CIDERY" MEANS AND INCLUDES ANY PLACE OR PREMISES, LOCATED
ON A FARM IN NEW YORK STATE, IN WHICH NEW YORK STATE LABELLED CIDER IS
MANUFACTURED, STORED AND SOLD, OR ANY OTHER PLACE OR PREMISES IN NEW
YORK STATE IN WHICH NEW YORK STATE LABELLED CIDER IS MANUFACTURED,
STORED AND SOLD.
S 3. Subdivision 20-e of section 3 of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read as
follows:
20-e. "New York state labelled cider" means cider made exclusively
from apples OR OTHER POME FRUITS grown in New York state.
S 4. Subdivisions 1 and 3 of section 58 of the alcoholic beverage
control law, subdivision 1 as amended and subdivision 3 as added by
chapter 347 of the laws of 1999, are amended to read as follows:
1. Any person may apply to the liquor authority for a cider producers'
or wholesalers' license as provided for in this subdivision. Such appli-
cation 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-sev-
en of this chapter shall apply to all licenses issued pursuant to this
article.
3. Notwithstanding any provision of this chapter to the contrary, a
licensed cider [producer or] wholesaler may apply to the liquor authori-
ty 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
[producer or] wholesaler shall be present at the time of sale or tast-
ings.
S 5. Section 58 of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
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;
A. 8047 3
(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 BREAK-
FAST 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 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 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 PREM-
ISES 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.
S 6. The alcoholic beverage control law is amended by adding a new
section 58-c to read as follows:
S 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 PREM-
ISES 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 RETAIL-
ERS LICENSED IN THIS STATE TO SELL SUCH CIDER, LICENSED FARM DISTILLERS,
LICENSED FARM WINERIES, LICENSED FARM BREWERIES AND ANY OTHER LICENSED
A. 8047 4
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;
(D) SELL AT THE LICENSED PREMISES CIDER MANUFACTURED BY THE LICENSEE
OR ANY OTHER LICENSED FARM CIDERY AT RETAIL FOR CONSUMPTION ON OR OFF
THE LICENSED PREMISES;
(E) CONDUCT TASTINGS AT THE LICENSED PREMISES OF CIDER MANUFACTURED BY
THE LICENSEE OR ANY OTHER LICENSED FARM CIDERY;
(F) SELL AND CONDUCT TASTINGS OF CIDER MANUFACTURED BY THE LICENSEE OR
ANY OTHER LICENSED FARM CIDERY 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;
(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 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 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
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 TAST-
INGS 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
A. 8047 5
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 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 CONSUMP-
TION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE.
7. A FARM CIDERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO MANU-
FACTURE, 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 PREM-
ISES. 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, MUSTARDS AND CRACK-
ERS;
(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 DECORA-
TIVE 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,
HOME CIDER-MAKING KITS, FILTERS, BOTTLING EQUIPMENT, 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
A. 8047 6
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 CIDERY SHALL MANUFACTURE IN EXCESS OF ONE HUNDRED FIFTY
THOUSAND 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, 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 CIDERY TO
MANUFACTURE OR SELL CIDER PRODUCED FROM APPLES 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 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 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 SUBDIVI-
SION 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 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
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 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 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. 8047 7
(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 REGU-
LATIONS 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.
S 7. Subdivision 1 of section 56-a of the alcoholic beverage control
law, as amended by chapter 108 of the laws of 2012, is amended to read
as follows:
1. In addition to the annual fees provided for in this chapter, there
shall be paid to the authority with each initial application for a
license filed pursuant to section fifty-one, fifty-one-a, fifty-three,
fifty-eight, FIFTY-EIGHT-C, sixty-one, sixty-two, seventy-six or seven-
ty-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, 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 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 108 of the laws of 2012, 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, FIFTY-EIGHT-C, sixty-one, sixty-two, seventy-six or seven-
A. 8047 8
ty-eight of this chapter, a filing fee of one hundred dollars; with each
renewal 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 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, 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. Paragraph (a) of subdivision 6-a of section 51 of the alcoholic
beverage control law, as added by chapter 108 of the laws of 2012, is
amended to read as follows:
(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;
S 10. Paragraph (d) of subdivision 2 of section 51-a of the alcoholic
beverage control law, as added by chapter 108 of the laws of 2012, is
amended to read as follows:
(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, LICENSED FARM CIDERIES
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;
S 11. Paragraphs (j) and (k) of subdivision 2 of section 51-a of the
alcoholic beverage control law are relettered paragraphs (k) and (l) and
a new paragraph (j) is added to read as follows:
(J) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELLED CIDER MANUFACTURED BY A LICENSED CIDER
PRODUCER OR LICENSED FARM CIDERY;
S 12. Subdivision 1 of section 61 of the alcoholic beverage control
law, as amended by chapter 108 of the laws of 2012, 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,
FARM CIDERIES, FARM DISTILLERIES and farm breweries in sealed containers
of not more than one quart each. Such license shall also include the
privilege to operate a rectifying plant under the same terms and condi-
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tions as the holder of a class B distiller's license without the payment
of any additional fee.
S 13. Subdivision 1-a of section 61 of the alcoholic beverage control
law, as amended by chapter 571 of the laws of 2008, is amended to read
as follows:
1-a. A class A-1 distiller's license shall authorize the holder there-
of to operate a distillery which has a production capacity of no more
than thirty-five thousand gallons per year 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 winery license,
farm winery license, 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 liquors manufactured by such licensee to a wholesale or retail liquor
licensee or permittee in sealed containers of not more than one quart
each. In addition, it shall authorize such licensee to sell from the
licensed premises New York state labelled liquors to [a] LICENSED farm
[winery licensee] WINERIES, FARM BREWERIES, FARM DISTILLERIES AND FARM
CIDERIES in sealed containers of not more than one quart for retail sale
for off-premises consumption. Such license shall also include the privi-
lege to operate a rectifying plant under the same terms and conditions
as the holder of a class B-1 distiller's license without the payment of
any additional fee.
S 14. Paragraph (a) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012, 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, FARM CIDERIES
[and], farm breweries[,] AND OTHER FARM DISTILLERIES, wholesale and
retail licensees, and permittees;
(iii) To sell at retail, for personal use, in such sealed containers;
(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 chapter;
(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 OR LICENSED FARM CIDERY; 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.
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S 15. Paragraph (e) of subdivision 2 of section 76 of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012, is
amended to read as follows:
(e) to sell from the licensed premises to licensed farm wineries, FARM
CIDERIES, FARM DISTILLERIES 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
S 16. Paragraph (c) of subdivision 2 of section 76-a of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012, is
amended to read as follows:
(c) sell from the licensed premises to a licensed winery, farm distil-
ler, farm brewery, FARM CIDERY, wholesaler or retailer, or to a corpo-
ration 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 17. Paragraph (h) of subdivision 6 of section 76-a of the alcoholic
beverage control law, as added by chapter 108 of the laws of 2012, is
amended to read as follows:
(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 OR LICENSED FARM CIDERY.
S 18. Paragraph (c) of subdivision 42 of section 16 of the agriculture
and markets law, as added by chapter 108 of the laws of 2012, is amended
to read as follows:
(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 AND SUBDIVISION ELEVEN OF SECTION
FIFTY-EIGHT-C 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
apples used in the production of cider.
S 19. Paragraph (i) of subdivision 22 of section 210 of the tax law,
as amended by section 6 of part K of chapter 62 of the laws of 2006, is
amended to read as follows:
(i) Special rules. For purposes of this subdivision, the term "federal
gross income from farming" shall include gross income from the
production of maple syrup, cider, Christmas trees derived from a managed
Christmas tree operation whether dug for transplanting or cut from the
stump, or from a commercial horse boarding operation as defined in
subdivision thirteen of section three hundred one of the agriculture and
markets law, or from the sale of wine from a licensed farm winery as
provided for in article six of the alcoholic beverage control law, OR
FROM THE SALE OF CIDER FROM A LICENSED FARM CIDERY AS PROVIDED FOR IN
SECTION FIFTY-EIGHT-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
S 20. Paragraph 8 of subsection (n) of section 606 of the tax law, as
amended by section 3 of part K of chapter 62 of the laws of 2006, is
amended to read as follows:
(8) Special rules. For purposes of this subsection, the term "federal
gross income from farming" shall include gross income from the
production of maple syrup, cider, Christmas trees derived from a managed
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Christmas tree operation whether dug for transplanting or cut from the
stump, or from a commercial horse boarding operation as defined in
subdivision thirteen of section three hundred one of the agriculture and
markets law, or from the sale of wine from a licensed farm winery as
provided for in article six of the alcoholic beverage control law, OR
FROM THE SALE OF CIDER FROM A LICENSED FARM CIDERY AS PROVIDED FOR IN
SECTION FIFTY-EIGHT-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
S 21. Subparagraph (C) of paragraph 1 of subdivision (i) of section
1136 of the tax law, as amended by chapter 108 of the laws of 2012, 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 CIDERY LICENSE AS PROVIDED IN
SECTION FIFTY-EIGHT-C OF THE ALCOHOLIC BEVERAGE CONTROL 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 any combination of such licenses, shall not be subject to
any of the requirements of this subdivision.
S 22. This act shall take effect on the ninetieth day after it shall
have become a law.