S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9838
 
                           I N  A S S E M B L Y
 
                             February 14, 2018
                                ___________
 
 Introduced  by M. of A. MAGEE -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  certain
   farm  wineries,  farm  breweries, farm distilleries, and farm cideries
   whose business includes agricultural tourism
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  305-a of the agriculture and
 markets law is amended by adding a new paragraph d to read as follows:
   D. FOR FARM WINERIES, FARM  BREWERIES,  FARM  DISTILLERIES,  AND  FARM
 CIDERIES  IN  AN  APPROVED AGRICULTURAL DISTRICT WHOSE BUSINESS INCLUDES
 AGRICULTURAL TOURISM AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION  THREE
 HUNDRED  ONE OF THIS ARTICLE AND WHO WERE DEVELOPED AND INDUCED WITH THE
 ASSISTANCE OF THE EMPIRE STATE DEVELOPMENT CORPORATION, THE  COMMISSION-
 ER,  IN CONSULTATION WITH THE NEW YORK STATE LIQUOR AUTHORITY AND EMPIRE
 STATE DEVELOPMENT CORPORATION, MAY MAKE A DETERMINATION AT  THE  REQUEST
 OF  A  FARM  WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM CIDERY AS TO
 WHETHER MARKETING ACTIVITIES AND OTHER RELATED PRACTICES ARE  "UNREASON-
 ABLY  RESTRICTED"  BY  PROPOSED  CHANGES  IN LOCAL LAND USE REGULATIONS,
 ORDINANCES, OR LOCAL LAWS OR REVIEWING A PERMIT PERTAINING  TO  AGRICUL-
 TURAL  PRACTICES.  FOR  PURPOSES  OF  THIS  SECTION  "FARM OPERATION" AS
 DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THIS ARTI-
 CLE, SHALL ALSO INCLUDE FOOD SALES, ON-FARM WEDDING RECEPTIONS, PARTIES,
 AND SPECIAL EVENTS (INCLUDING, BUT NOT LIMITED  TO,  HARVEST  FESTIVALS,
 CHARITABLE EVENTS, AND WINE, BEER, CIDER AND DISTILLED SPIRITS TASTINGS)
 AT WHICH SUCH FARM WINERY, FARM BREWERY, FARM DISTILLERY, OR FARM CIDERY
 SELLS,  MARKETS,  OR OFFERS FOR SALE ITS CROP INCLUDING, BUT NOT LIMITED
 TO WINES, BEERS, CIDER, OR DISTILLED  SPIRITS.  "FARM  OPERATION"  SHALL
 ALSO INCLUDE THE PURCHASING OF CROPS BETWEEN FARMS LOCATED IN NEW YORK.
   § 2. Subdivision 15 of section 301 of the agriculture and markets law,
 as  amended  by  chapter  87  of the laws of 2010, is amended to read as
 follows:
   15. "Agricultural tourism" means activities, including the  production
 of  maple  sap  and  pure  maple products made therefrom, AND ACTIVITIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13443-04-7

 A. 9838                             2
 
 RELATED TO THE PURCHASING, SELLING, MARKETING, AND PRODUCTION  OF  WINE,
 BEER,  CIDER, DISTILLED SPIRITS, AND OTHER NEW YORK STATE FARM PRODUCTS,
 BY FARM WINERIES, FARM BREWERIES, FARM DISTILLERIES, AND FARM  CIDERIES,
 conducted  by a farmer on-farm for the enjoyment and/or education of the
 public,  which  primarily  promote  the  sale,  marketing,   production,
 harvesting  or  use of the products of the farm and enhance the public's
 understanding and awareness of farming and farm life.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.