S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1227

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens. CARLUCCI, AVELLA, GALLIVAN, PARKER, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Commerce, Economic Development and Small Business

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  operation of home wine makers centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 76 of the alcoholic beverage control law is amended
by adding a new subdivision 15 to read as follows:
  15.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION, A LICENSED WINERY
SHALL BE AUTHORIZED TO OPERATE A HOME WINE  MAKERS  CENTER  PURSUANT  TO
SECTION  NINETY-SEVEN-B  OF  THIS  CHAPTER.    PROVIDED, FURTHER, THAT A
WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT  PREMISES  AS
THE  WINERY IS OPERATED SUBJECT TO THE PROVISIONS OF SECTION NINETY-SEV-
EN-B OF THIS CHAPTER AND FEDERAL LAW.
  S 2. Section 76-a of the alcoholic beverage control law is amended  by
adding a new subdivision 11 to read as follows:
  11.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A LICENSED FARM
WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT
TO SECTION NINETY-SEVEN-B OF THIS CHAPTER.   PROVIDED, FURTHER,  THAT  A
FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES
AS  THE  FARM  WINERY  IS  OPERATED SUBJECT TO THE PROVISIONS OF SECTION
NINETY-SEVEN-B OF THIS CHAPTER AND FEDERAL LAW.
  S 3. Section 83 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  THE  FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A WINERY OR FARM
WINERY TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO SECTION  NINETY-
SEVEN-B OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.
  S  4.  Section  90 of the alcoholic beverage control law is amended by
adding a new subdivision 7-a to read as follows:
  7-A. HOME WINE MAKERS CENTER PERMIT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03804-01-5
              

S. 1227                             2

  S 5. The alcoholic beverage control law is amended  by  adding  a  new
section 97-b to read as follows:
  S  97-B.  HOME  WINE MAKERS CENTERS. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO HOME WINE MAKERS CENTERS.   THE OPERATION  OF  HOME  WINE
MAKERS CENTERS SHALL BE SUBJECT TO THE SUPERVISION OF THE LIQUOR AUTHOR-
ITY  TO  ENSURE  COMPLIANCE  WITH  THE PROVISIONS OF FEDERAL LAW AND THE
RULES AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX  AND  TRADE
BUREAU RELATING TO SUCH CENTERS.
  2.  EVERY  HOME  WINE  MAKERS CENTER SHALL HOLD A PERMIT ISSUED BY THE
LIQUOR AUTHORITY TO PROVIDE, FOR A FEE, FRUIT, AND EQUIPMENT AND STORAGE
FACILITIES FOR THE PRODUCTION OF WINE BY INDIVIDUALS FOR PERSONAL HOUSE-
HOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH FEDERAL  LAW,  RULES  AND
REGULATIONS AUTHORIZING THE PRODUCTION OF WINE FOR HOUSEHOLD PERSONAL OR
FAMILY  USE.  THE  FEE  FOR SUCH PERMIT SHALL BE ONE HUNDRED TWENTY-FIVE
DOLLARS A YEAR.
  3. EVERY PERSON ENGAGING IN THE PRODUCTION OF  WINE  AT  A  HOME  WINE
MAKERS CENTER:
  (A) SHALL BE TWENTY-ONE YEARS OF AGE OR OLDER;
  (B) SHALL BE LIMITED TO PRODUCING NOT MORE THAN ONE HUNDRED GALLONS OF
WINE  DURING  ANY  CALENDAR YEAR; PROVIDED THAT IF THERE ARE ONE OR MORE
OTHER PERSONS WHO ARE TWENTY-ONE YEARS  OF  AGE  RESIDING  IN  THE  SAME
HOUSEHOLD  AS  SUCH PERSON, ALL OTHER SUCH PERSONS IN THE SAME HOUSEHOLD
MAY PRODUCE AN AGGREGATE OF NOT MORE THAN TWO HUNDRED  GALLONS  OF  WINE
FOR THE HOUSEHOLD DURING ANY CALENDAR YEAR;
  (C)  MAY  REMOVE  THE  WINE HE OR SHE PRODUCES AT THE HOME WINE MAKERS
CENTER FOR THE PURPOSE OF PERSONAL USE, INCLUDING  USE  IN  CONTESTS  OR
TASTINGS;
  (D) SHALL NOT PRODUCE WINE FOR SALE OR OFFER SUCH WINE FOR SALE;
  (E)  SHALL PRODUCE NOT LESS THAN FIVE GALLONS OF WINE IN EACH CALENDAR
YEAR;
  (F) MAY JOINTLY PRODUCE WINE WITH  PERSONS  RESIDING  IN  A  DIFFERENT
HOUSEHOLD  OR  HOUSEHOLDS AS LONG AS THE QUANTITY OF WINE MADE IS WITHIN
THE QUANTITY LIMITS SPECIFIED PURSUANT TO FEDERAL LAW, RULES  AND  REGU-
LATIONS;
  (G) SHALL ACTIVELY PARTICIPATE IN THE PRODUCTION OF THE WINE;
  (H)  SHALL  USE  FRUIT  GROWN  OR PRODUCED IN THE STATE OF NEW YORK TO
PRODUCE THE WINE;
  (I) SHALL ADD YEAST AND/OR OTHER INGREDIENTS TO  THE  GRAPE  OR  OTHER
FRUIT JUICE OR WINE;
  (J) SHALL CAUSE THE FRUIT TO FERMENT;
  (K) SHALL RACK, FILTER AND BOTTLE THE WINE;
  (L)  SHALL  NOT  ACCEPT ANY UNAUTHORIZED ASSISTANCE FROM THE HOME WINE
MAKERS CENTER, OR FROM ANY EMPLOYEE OR AGENT THEREOF; AND
  (M) SHALL READ AND SIGN A STATEMENT THAT HE  OR  SHE  UNDERSTANDS  AND
AGREES TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  4.  NO  HOME  WINE  MAKERS  CENTER, NOR ANY EMPLOYEE OR AGENT THEREOF,
SHALL ASSIST ANY CUSTOMER IN THE PRODUCTION OF WINE, EXCEPT AS FOLLOWS:
  (A) THE FURNISHING, SELLING OR RENTING OF SPACE, SUPPLIES  AND  EQUIP-
MENT, INGREDIENTS, FRUIT, AND BOTTLING SUPPLIES;
  (B)  THE  PROVISION  OF  ADVICE AND TECHNICAL SERVICES TO CUSTOMERS AS
PROVIDED PURSUANT TO FEDERAL LAW, RULES AND REGULATIONS;
  (C) THE MOVING OF CONTAINERS OF WINE BETWEEN STORAGE AREAS;
  (D) THE PROVISION, MAINTENANCE, CLEANING AND  REPAIR  OF  WINE  MAKING
EQUIPMENT, SUCH AS PRESSES, PUMPS, FILTERS, BOTTLING EQUIPMENT AND OTHER
EQUIPMENT;

S. 1227                             3

  (E)  THE  PROVISION, RENTAL OR SALE OF STORAGE VESSELS, INCLUDING, BUT
NOT LIMITED TO, GLASS CARBOYS, WOODEN BARRELS OR OTHER STORAGE  CONTAIN-
ERS FOR WINE FERMENTATION AND STORAGE;
  (F)  THE  PROVISION  OF A CLIMATE AND TEMPERATURE CONTROLLED SPACE FOR
WINE FERMENTATION AND STORAGE;
  (G) THE DISPOSAL OF GRAPE PRESSINGS AND OTHER WASTES; AND
  (H) THE PROVISION OF QUALITY  CONTROL  SERVICES,  SUCH  AS  LABORATORY
ANALYSIS  AND  TASTING OF WINE FOR QUALITY CONTROL PURPOSES IN THE PRES-
ENCE OF THE HOME WINE MAKER.
  5. NO HOME WINE MAKERS CENTER  SHALL  ALLOW,  MAINTAIN  OR  STORE  ANY
CONTAINER OF WINE IN EXCESS OF ONE HUNDRED GALLONS.
  6.    THE AGGREGATE PRODUCTION OF ALL INDIVIDUALS OR HOUSEHOLDS MAKING
WINE AT A HOME WINE MAKERS CENTER PURSUANT TO A HOME WINE MAKERS LICENSE
SHALL NOT EXCEED TEN THOUSAND GALLONS  PER  YEAR.  PROVIDED,  THAT  SUCH
AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH
FACILITY UNDER A WINERY OR FARM WINERY LICENSE.
  7. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A
FARM  OR  OTHER  PREMISES  THAT  IS NOT ASSOCIATED WITH A WINERY OR FARM
WINERY.
  8. (A) A PERSON OR ENTITY LICENSED PURSUANT TO THIS CHAPTER  MAY  ALSO
BE  AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME WINE MAKERS CENTER ON
THE SAME OR ADJACENT PREMISES OF A WINERY OR FARM WINERY, IF SUCH PERSON
OR ENTITY IS THE HOLDER OF:
  (I) A WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX OF THIS CHAPTER;
OR
  (II) A FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A OF  THIS
CHAPTER.
  (B)  NO WINERY OR FARM WINERY AUTHORIZED TO OPERATE A HOME WINE MAKERS
CENTER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE  ISSUED  A
PERMIT  PURSUANT  TO  THIS SECTION, UNLESS THE LIQUOR AUTHORITY GRANTS A
WRITTEN CONSENT LETTER THERETO. THE LIQUOR AUTHORITY,  IN  GRANTING  ITS
CONSENT,  SHALL  DETERMINE WHETHER THE APPLICANT COMPLIES OR WILL COMPLY
WITH THE PROVISIONS OF FEDERAL LAW AND THE RULES AND REGULATIONS OF  THE
FEDERAL  ALCOHOL  AND TOBACCO TAX AND TRADE BUREAU RELATING TO HOME WINE
MAKERS CENTERS. IF THE  WINERY  OR  FARM  WINERY  APPLYING  FOR  CONSENT
COMPLIES WITH SUCH FEDERAL LAW, RULES AND REGULATIONS THE LIQUOR AUTHOR-
ITY  SHALL  GRANT  ITS  WRITTEN CONSENT FOR THE OPERATION OF A HOME WINE
MAKERS  CENTER.  SUCH  AUTHORITY  SHALL  NOT  ESTABLISH  ANY  ADDITIONAL
REQUIREMENT FOR THE GRANTING OF ITS WRITTEN CONSENT.
  (C) THE OPERATIONS OF A HOME WINE MAKERS CENTER OPERATED BY ANY WINERY
OR  FARM  WINERY  SHALL BE SEGREGATED FROM THE PORTION OF SUCH WINERY OR
FARM WINERY IN WHICH WINE SUBJECT TO THE PROVISIONS OF THIS  CHAPTER  IS
FERMENTED,  PROCESSED,  BOTTLED,  STORED,  SHIPPED  AND  SOLD. PROVIDED,
HOWEVER, THAT A WINERY OR FARM WINERY MAY SHARE ITS WINE  MAKING  EQUIP-
MENT  WITH  A  LICENSED HOME WINE MAKERS CENTER AS LONG AS ALL HOME MADE
WINES PRODUCED BY SUCH EQUIPMENT IS SEGREGATED FROM SUCH PORTION OF  THE
PREMISES IN WHICH A WINERY OR FARM WINERY IS LOCATED.
  9.  FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER
FRUITS, FRUIT JUICES AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT  NOT
LIMITED TO, HONEY, FLOWERS AND VEGETABLES.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive immediately any rules, regulations or other  actions  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1227--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sens. CARLUCCI, AVELLA, GALLIVAN, PANEPINTO, PARKER, SERI-
  NO, SEWARD, VALESKY -- read twice and ordered printed, and when print-
  ed  to be committed to the Committee on Commerce, Economic Development
  and Small Business  --  recommitted  to  the  Committee  on  Commerce,
  Economic Development and Small Business in accordance with Senate Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  operation  of  home beer makers centers, home cider makers centers and
  home wine makers centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 3 of the alcoholic beverage control law is amended
by adding three new subdivisions 13-a, 13-b and 13-c to read as follows:
  13-A. "HOME BEER MAKERS CENTER" MEANS A PLACE WHERE AN INDIVIDUAL PAYS
A FEE TO USE SPACE AND EQUIPMENT TO MAKE BEER  FOR  PERSONAL  OR  FAMILY
USE,  AND  WHICH  THE  FEDERAL  ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
DEEMS TO BE TAX EXEMPT BEER TO BE USED FOR PERSONAL OR FAMILY USE PURSU-
ANT TO 27 CFR 25.205, ET SEQ.
  13-B. "HOME CIDER MAKERS CENTER" MEANS A  PLACE  WHERE  AN  INDIVIDUAL
PAYS  A  FEE  TO  USE  SPACE AND EQUIPMENT TO MAKE CIDER FOR PERSONAL OR
FAMILY USE, AND WHICH THE FEDERAL ALCOHOL  AND  TOBACCO  TAX  AND  TRADE
BUREAU  DEEMS  TO  BE TAX EXEMPT CIDER TO BE USED FOR PERSONAL OR FAMILY
USE PURSUANT TO 27 CFR 24.76.
  13-C. "HOME WINE MAKERS CENTER" MEANS A PLACE WHERE AN INDIVIDUAL PAYS
A FEE TO USE SPACE AND EQUIPMENT TO MAKE WINE  FOR  PERSONAL  OR  FAMILY
USE,  AND  WHICH  THE  FEDERAL  ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
DEEMS TO BE TAX EXEMPT WINE TO BE USED FOR PERSONAL OR FAMILY USE PURSU-
ANT TO 27 CFR 24.75.
  S 2. Section 51 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 10 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03804-10-6
              

S. 1227--A                          2

  10.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A LICENSED BREWERY
SHALL BE AUTHORIZED TO OPERATE A HOME BEER  MAKERS  CENTER  PURSUANT  TO
SECTION  NINETY-SEVEN-C OF THIS CHAPTER. PROVIDED, FURTHER, THAT A BREW-
ERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES AS  THE
BREWERY  IS OPERATED SUBJECT TO THE PROVISIONS OF SECTION NINETY-SEVEN-C
OF THIS CHAPTER AND FEDERAL LAW.
  S 3. Section 51-a of the alcoholic beverage control law is amended  by
adding a new subdivision 16 to read as follows:
  16.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A LICENSED FARM
BREWERY SHALL BE AUTHORIZED TO OPERATE A HOME BEER MAKERS CENTER  PURSU-
ANT TO SECTION NINETY-SEVEN-C OF THIS CHAPTER. PROVIDED, FURTHER, THAT A
FARM  BREWERY  MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREM-
ISES AS THE FARM BREWERY  IS  OPERATED  SUBJECT  TO  THE  PROVISIONS  OF
SECTION NINETY-SEVEN-C OF THIS CHAPTER AND FEDERAL LAW.
  S  4.  Section  58 of the alcoholic beverage control law is amended by
adding a new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY PROVISION OF THIS  SECTION,  A  LICENSED  CIDER
PRODUCER  SHALL  BE  AUTHORIZED  TO  OPERATE  A HOME CIDER MAKERS CENTER
PURSUANT TO SECTION NINETY-SEVEN-D OF THIS CHAPTER.  PROVIDED,  FURTHER,
THAT  A  CIDER PRODUCER MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJA-
CENT  PREMISES  AS  THE  CIDER  PRODUCER  IS  OPERATED  SUBJECT  TO  THE
PROVISIONS OF SECTION NINETY-SEVEN-D OF THIS CHAPTER AND FEDERAL LAW.
  S  5. Section 58-c of the alcoholic beverage control law is amended by
adding a new subdivision 15 to read as follows:
  15. NOTWITHSTANDING ANY PROVISION OF THIS  SECTION,  A  LICENSED  FARM
CIDERY  SHALL BE AUTHORIZED TO OPERATE A HOME CIDER MAKERS CENTER PURSU-
ANT TO SECTION NINETY-SEVEN-D OF THIS CHAPTER. PROVIDED, FURTHER, THAT A
FARM CIDERY MAY OPERATE SUCH CENTER UPON THE SAME OR  ADJACENT  PREMISES
AS  THE  FARM  CIDERY  IS  OPERATED SUBJECT TO THE PROVISIONS OF SECTION
NINETY-SEVEN-D OF THIS CHAPTER AND FEDERAL LAW.
  S 6. Section 76 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 15 to read as follows:
  15.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION, A LICENSED WINERY
SHALL BE AUTHORIZED TO OPERATE A HOME WINE  MAKERS  CENTER  PURSUANT  TO
SECTION  NINETY-SEVEN-B  OF  THIS  CHAPTER.    PROVIDED, FURTHER, THAT A
WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT  PREMISES  AS
THE  WINERY IS OPERATED SUBJECT TO THE PROVISIONS OF SECTION NINETY-SEV-
EN-B OF THIS CHAPTER AND FEDERAL LAW.
  S 7. Section 76-a of the alcoholic beverage control law is amended  by
adding a new subdivision 11 to read as follows:
  11.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A LICENSED FARM
WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT
TO SECTION NINETY-SEVEN-B OF THIS CHAPTER.   PROVIDED, FURTHER,  THAT  A
FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES
AS  THE  FARM  WINERY  IS  OPERATED SUBJECT TO THE PROVISIONS OF SECTION
NINETY-SEVEN-B OF THIS CHAPTER AND FEDERAL LAW.
  S 8. Section 83 of the alcoholic beverage control law  is  amended  by
adding three new subdivisions 9, 10 and 11 to read as follows:
  9.  THE  FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A WINERY OR FARM
WINERY TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO SECTION  NINETY-
SEVEN-B OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.
  10. THE FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A BREWERY OR FARM
BREWERY  TO  OPERATE A HOME BEER MAKERS CENTER PURSUANT TO SECTION NINE-
TY-SEVEN-C OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.

S. 1227--A                          3

  11. THE FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A CIDER  PRODUCER
OR FARM CIDERY TO OPERATE A HOME CIDER MAKERS CENTER PURSUANT TO SECTION
NINETY-SEVEN-D OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.
  S  9.  Section  90 of the alcoholic beverage control law is amended by
adding three new subdivisions 7-a, 7-b and 7-c to read as follows:
  7-A. HOME WINE MAKERS CENTER PERMIT.
  7-B. HOME BEER MAKERS CENTER PERMIT.
  7-C. HOME CIDER MAKERS CENTER PERMIT.
  S 10. The alcoholic beverage control law is amended  by  adding  three
new sections 97-b, 97-c and 97-d to read as follows:
  S  97-B.  HOME  WINE MAKERS CENTERS. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO HOME WINE MAKERS CENTERS.
  2. THE MANUFACTURE AND PRODUCTION OF WINE FOR PERSONAL CONSUMPTION AND
FAMILY  USE  SHALL  BE  PERMISSIBLE  SO  LONG  AS  SUCH  MANUFACTURE  OR
PRODUCTION  OF  WINE  IS  DONE  IN ACCORDANCE WITH FEDERAL LAW AND REGU-
LATIONS. IN ADDITION, SUCH MANUFACTURE OR PRODUCTION MAY BE CONDUCTED AT
HOME WINE MAKERS CENTERS AS PROVIDED  IN  FEDERAL  LAW  AND  REGULATIONS
APPLICABLE THERETO.
  3.  THE  OPERATION OF HOME WINE MAKERS CENTERS SHALL BE SUBJECT TO THE
SUPERVISION OF THE  LIQUOR  AUTHORITY  TO  ENSURE  COMPLIANCE  WITH  THE
PROVISIONS  OF  FEDERAL LAW AND THE RULES AND REGULATIONS OF THE FEDERAL
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH CENTERS.
  4. EVERY HOME WINE MAKERS CENTER SHALL HOLD A  PERMIT  ISSUED  BY  THE
LIQUOR  AUTHORITY TO PROVIDE, FOR A FEE, FRUIT, AND THE USE OF EQUIPMENT
AND STORAGE FACILITIES FOR THE PRODUCTION OF  WINE  BY  INDIVIDUALS  FOR
PERSONAL  HOUSEHOLD  USE  AND  NOT FOR RESALE IN ACCORDANCE WITH FEDERAL
LAW, RULES AND REGULATIONS AUTHORIZING THE PRODUCTION OF WINE FOR HOUSE-
HOLD PERSONAL OR FAMILY USE. THE  FEE  FOR  SUCH  PERMIT  SHALL  BE  ONE
HUNDRED TWENTY-FIVE DOLLARS A YEAR.
  5.  THE  ANNUAL  AGGREGATE  PRODUCTION OF WINE AT ANY HOME WINE MAKERS
CENTER PREMISES FOR ALL INDIVIDUALS AND FAMILIES  MAKING  WINE  AT  SUCH
PREMISES,  PURSUANT  TO A HOME WINE MAKERS LICENSE, SHALL NOT EXCEED TEN
THOUSAND GALLONS. PROVIDED, THAT SUCH AGGREGATE PRODUCTION  LIMIT  SHALL
NOT  BE OFFSET BY WINES PRODUCED AT SUCH FACILITY UNDER A WINERY OR FARM
WINERY LICENSE.
  6. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A
FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED  WITH  A  WINERY  OR  FARM
WINERY.
  7.  A  PERSON  OR ENTITY LICENSED PURSUANT TO THIS CHAPTER MAY ALSO BE
AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME WINE MAKERS CENTER ON THE
SAME OR ADJACENT PREMISES OF A WINERY OR FARM WINERY.
  8. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES,  OTHER
FRUITS, FRUIT JUICES, AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT
LIMITED TO, HONEY, FLOWERS AND VEGETABLES, THAT ARE GROWN OR PRODUCED IN
THE STATE OF NEW YORK.
  S  97-C.  HOME  BEER MAKERS CENTERS. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO HOME BEER MAKERS CENTERS.
  2. THE MANUFACTURE AND PRODUCTION OF BEER FOR PERSONAL CONSUMPTION AND
FAMILY  USE  SHALL  BE  PERMISSIBLE  SO  LONG  AS  SUCH  MANUFACTURE  OR
PRODUCTION  OF  BEER  IS  DONE  IN ACCORDANCE WITH FEDERAL LAW AND REGU-
LATIONS. IN ADDITION, SUCH MANUFACTURE OR PRODUCTION MAY BE CONDUCTED AT
HOME BEER MAKERS CENTERS AS PROVIDED  IN  FEDERAL  LAW  AND  REGULATIONS
APPLICABLE THERETO.
  3.  THE  OPERATION OF HOME BEER MAKERS CENTERS SHALL BE SUBJECT TO THE
SUPERVISION OF THE  LIQUOR  AUTHORITY  TO  ENSURE  COMPLIANCE  WITH  THE

S. 1227--A                          4

PROVISIONS  OF  FEDERAL LAW AND THE RULES AND REGULATIONS OF THE FEDERAL
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH CENTERS.
  4.  EVERY  HOME  BEER  MAKERS CENTER SHALL HOLD A PERMIT ISSUED BY THE
LIQUOR AUTHORITY TO PROVIDE, FOR A FEE, BEER MAKING  SUPPLIES,  AND  THE
USE  OF  EQUIPMENT  AND STORAGE FACILITIES FOR THE PRODUCTION OF BEER BY
INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN  ACCORDANCE
WITH  FEDERAL  LAW,  RULES AND REGULATIONS AUTHORIZING THE PRODUCTION OF
BEER FOR HOUSEHOLD PERSONAL OR FAMILY USE. THE FEE FOR SUCH PERMIT SHALL
BE ONE HUNDRED TWENTY-FIVE DOLLARS A YEAR.
  5. THE ANNUAL AGGREGATE PRODUCTION OF BEER AT  ANY  HOME  BEER  MAKERS
CENTER  PREMISES  FOR  ALL  INDIVIDUALS AND FAMILIES MAKING BEER AT SUCH
PREMISES, PURSUANT TO A HOME BEER MAKERS LICENSE, SHALL NOT  EXCEED  TEN
THOUSAND  GALLONS.  PROVIDED, THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL
NOT BE OFFSET BY BEER PRODUCED AT SUCH FACILITY UNDER A BREWER'S LICENSE
OR FARM BREWERY LICENSE.
  6. THE LOCATION OF A FREE STANDING HOME BEER MAKERS CENTER MAY BE ON A
FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED WITH  A  BREWERY  OR  FARM
BREWERY.
  7.  A  PERSON  OR ENTITY LICENSED PURSUANT TO THIS CHAPTER MAY ALSO BE
AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME BEER MAKERS CENTER ON THE
SAME OR ADJACENT PREMISES OF A BREWERY OR FARM BREWERY.
  8. FOR THE PURPOSES OF THIS SECTION, "BEER MAKING SUPPLIES" SHALL MEAN
HOPS, GRAINS, MALTED GRAINS, WORT, SUGARS, YEASTS, WATER, FRUITS,  FRUIT
JUICES,  AND  OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO,
HONEY AND FLOWERS, THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK.
  S 97-D. HOME CIDER MAKERS CENTERS. 1. THE PROVISIONS OF  THIS  SECTION
SHALL APPLY TO HOME CIDER MAKERS CENTERS.
  2.  THE  MANUFACTURE  AND PRODUCTION OF CIDER FOR PERSONAL CONSUMPTION
AND FAMILY USE SHALL BE PERMISSIBLE  SO  LONG  AS  SUCH  MANUFACTURE  OR
PRODUCTION  OF  CIDER  IS  DONE IN ACCORDANCE WITH FEDERAL LAW AND REGU-
LATIONS. IN ADDITION, SUCH MANUFACTURE OR PRODUCTION MAY BE CONDUCTED AT
HOME CIDER MAKERS CENTERS AS PROVIDED IN  FEDERAL  LAW  AND  REGULATIONS
APPLICABLE THERETO.
  3.  THE OPERATION OF HOME CIDER MAKERS CENTERS SHALL BE SUBJECT TO THE
SUPERVISION OF THE  LIQUOR  AUTHORITY  TO  ENSURE  COMPLIANCE  WITH  THE
PROVISIONS  OF  FEDERAL LAW AND THE RULES AND REGULATIONS OF THE FEDERAL
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH CENTERS.
  4. EVERY HOME CIDER MAKERS CENTER SHALL HOLD A PERMIT  ISSUED  BY  THE
LIQUOR  AUTHORITY TO PROVIDE, FOR A FEE, FRUIT, AND THE USE OF EQUIPMENT
AND STORAGE FACILITIES FOR THE PRODUCTION OF CIDER  BY  INDIVIDUALS  FOR
PERSONAL  HOUSEHOLD  USE  AND  NOT FOR RESALE IN ACCORDANCE WITH FEDERAL
LAW, RULES AND REGULATIONS  AUTHORIZING  THE  PRODUCTION  OF  CIDER  FOR
HOUSEHOLD  PERSONAL  OR FAMILY USE. THE FEE FOR SUCH PERMIT SHALL BE ONE
HUNDRED TWENTY-FIVE DOLLARS A YEAR.
  5. THE ANNUAL AGGREGATE PRODUCTION OF CIDER AT ANY HOME  CIDER  MAKERS
CENTER  PREMISES  FOR  ALL INDIVIDUALS AND FAMILIES MAKING CIDER AT SUCH
PREMISES, PURSUANT TO A HOME CIDER MAKERS LICENSE, SHALL NOT EXCEED  TEN
THOUSAND  GALLONS.  PROVIDED, THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL
NOT BE OFFSET BY CIDER PRODUCED AT SUCH A FACILITY UNDER A CIDER PRODUC-
ER OR FARM CIDERY LICENSE.
  6. THE LOCATION OF A FREE STANDING HOME CIDER MAKERS CENTER MAY BE  ON
A FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED WITH A CIDER PRODUCER OR
FARM CIDERY.
  7.  A  PERSON  OR ENTITY LICENSED PURSUANT TO THIS CHAPTER MAY ALSO BE
AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME CIDER  MAKERS  CENTER  ON
THE SAME OR ADJACENT PREMISES OF A CIDER PRODUCER OR FARM CIDERY.

S. 1227--A                          5

  8.  FOR  THE  PURPOSES  OF  THIS SECTION, "FRUIT" SHALL MEAN APPLES OR
OTHER POMME FRUITS, OTHER FRUITS, FRUIT JUICES, AND  OTHER  AGRICULTURAL
PRODUCTS  INCLUDING,  BUT NOT LIMITED TO, HONEY, FLOWERS AND VEGETABLES,
THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK.
  S 11. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive  immediately  any  rules, regulations or other actions necessary to
implement the provisions of this act on its effective date  are  author-
ized and directed to be completed on or before such date.