LBD04894-01-9
S. 1185 2
CONSUMPTION ON THE LICENSED PREMISES PURSUANT TO THIS SUBDIVISION.
Provided, however, the licensee shall regularly keep food available for
sale or service to its retail customers for consumption on the premises.
A licensee providing the following shall be deemed in compliance with
this provision: sandwiches, soups or other such foods, whether fresh,
processed, pre-cooked or frozen; and/or food items intended to [compli-
ment] COMPLEMENT the tasting of alcoholic beverages, which shall mean a
diversified selection of food that is ordinarily consumed without the
use of tableware and can be conveniently consumed while standing or
walking, including but not limited to: cheese, fruits, vegetables, choc-
olates, breads, mustards and crackers. All of the provisions of this
chapter relative to licenses to sell liquor at retail for consumption on
the premises shall apply so far as applicable to such licensee; and
(ii) operate a restaurant, hotel, catering establishment, or other
food and drinking establishment in or adjacent to the licensed premises
and sell at such place, IN ADDITION TO ANY FOOD ITEMS OR OTHER PURCHASED
ITEMS, at retail for consumption on the premises, ONLY liquor manufac-
tured by the licensee and any New York state labeled liquor. All of the
provisions of this chapter relative to licenses to sell liquor at retail
for consumption on [the] SUCH premises shall apply so far as applicable
to such licensee. Notwithstanding any other provision of law, the licen-
see may apply to the authority for a license under this chapter to sell
other alcoholic beverages at retail for consumption on the premises at
such establishment. THE PRIVILEGES CONTAINED IN THIS SUBDIVISION SHALL
NOT EXTEND TO THE PREMISES OF A RESTAURANT, HOTEL OR CATERING ESTABLISH-
MENT.
§ 4. Paragraphs (e) and (f) of subdivision 2 of section 76-a of the
alcoholic beverage control law, paragraph (e) as amended by chapter 328
of the laws of 2016 and paragraph (f) as amended by chapter 431 of the
laws of 2014, are amended to read as follows:
(e) sell at the licensed premises AT RETAIL FOR CONSUMPTION ON OR OFF
THE LICENSED PREMISES: cider and wine manufactured by the licensee or
any other licensed farm winery[, and beer and spirits manufactured by
any licensed farm brewery or farm distillery, at retail for consumption
on or off the licensed premises]; NEW YORK STATE LABELED CIDER MANUFAC-
TURED BY ANY OF THE FOLLOWING SO LONG AS IT IS LICENSED IN NEW YORK
STATE BY A BREWER, FARM BREWER, WINERY, CIDER PRODUCER, OR A FARM
CIDERY; NEW YORK STATE LABELED BEER MANUFACTURED BY EITHER A BREWER
LICENSED IN NEW YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK STATE;
AND NEW YORK STATE LABELED LIQUOR MANUFACTURED BY EITHER A DISTILLERY
LICENSED IN NEW YORK STATE OR A FARM DISTILLERY LICENSED IN NEW YORK
STATE;
(f) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
ITEMS, at retail for consumption on the premises, wine, cider and wine
products manufactured by the licensee and any New York state labeled
wine, New York state labeled cider or New York state labeled wine prod-
uct. All of the provisions of this chapter relative to licenses to sell
wine at retail for consumption on the premises shall apply so far as
applicable to such licensee. Notwithstanding any other provision of law,
the licensed winery may apply to the authority for a license under arti-
cle four of this chapter to sell other alcoholic beverages at retail for
consumption on the premises at such establishment. THE PRIVILEGES
CONTAINED IN PARAGRAPHS (E), (F), (G) AND (H) OF SUBDIVISION SIX OF THIS
S. 1185 3
SECTION SHALL NOT EXTEND TO THE PREMISES OF A RESTAURANT, HOTEL OR
CATERING ESTABLISHMENT.
§ 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a
of the alcoholic beverage control law, paragraphs (e) and (f) as amended
by chapter 571 of the laws of 2008, paragraph (g) as added by chapter
108 of the laws of 2012 and paragraph (h) as amended by chapter 384 of
the laws of 2013, are amended to read as follows:
(e) Sell for consumption ON OR off the LICENSED premises New York
state labelled liquors manufactured by the holder of a class A-1, B-1,
or C distiller's license.
(f) Conduct tastings ON THE LICENSED PREMISES of New York state
labelled liquors manufactured by the holder of a class A-1, B-1, or C
distiller's license OR BY A FARM DISTILLERY LICENSED IN NEW YORK STATE.
All liquor tastings conducted pursuant to this paragraph shall be
conducted in the same manner as tastings of brandy pursuant to section
seventy-six-e of this article.
(g) Conduct tastings of and sell at retail for consumption ON OR off
the LICENSED premises New York state labelled beer manufactured by
EITHER a [licensed] brewer LICENSED IN NEW YORK STATE or A farm brewery
LICENSED IN NEW YORK STATE.
(h) Conduct tastings of and sell at retail for consumption ON OR off
the LICENSED premises New York state labelled cider manufactured by [a]
ANY OF THE FOLLOWING SO LONG AS IT IS licensed IN NEW YORK STATE: A
brewer LICENSED IN NEW YORK STATE, [licensed] A farm brewery LICENSED IN
NEW YORK STATE, A WINERY, [licensed] farm winery, [licensed] cider
producer or [licensed] farm cidery.
§ 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c
of the alcoholic beverage control law, paragraph (f) as amended by chap-
ter 431 of the laws of 2014 and paragraphs (h), (i) and (j) as amended
by chapter 327 of the laws of 2016, are amended to read as follows:
(f) (i) IF at the licensed premises, [conduct] THE LICENSEE CONDUCTS
tastings of, [and sell] OR SELLS at retail for consumption on or off the
licensed premises, any cider manufactured by the licensee or any New
York state labeled cider, OR ANY ALCOHOLIC BEVERAGE FOR CONSUMPTION ON
THE LICENSED PREMISES PURSUANT TO PARAGRAPH (G), (H), (I), OR (J) OF
THIS SUBDIVISION THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR
SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES.
Provided, [however,] FURTHER THAT for tastings and sales for on-premises
consumption, the licensee shall regularly keep food available for sale
or service to its retail customers for consumption on the premises. A
licensee providing the following shall be deemed in compliance with this
provision: (A) sandwiches, soups or other such foods, whether fresh,
processed, pre-cooked or frozen; and/or (B) food items intended to
complement the tasting of alcoholic beverages, which shall mean a diver-
sified selection of food that is ordinarily consumed without the use of
tableware and can be conveniently consumed while standing or walking,
including but not limited to: cheeses, fruits, vegetables, chocolates,
breads, mustards and crackers. All of the provisions of this chapter
relative to licensees selling cider at retail shall apply; and
(ii) operate a restaurant, hotel, catering establishment, or other
food and drinking establishment in or adjacent to the licensed premises
and sell at such place, IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
ITEMS, at retail for consumption on the premises, ONLY cider manufac-
tured by the licensee and any New York state labeled cider. All of the
provisions of this chapter relative to licensees to selling cider at
retail shall apply. Notwithstanding any other provision of law, the
S. 1185 4
licensed farm cidery may apply to the authority for a license under this
chapter to sell other alcoholic beverages at retail for consumption on
the premises at such establishment, BUT THE PRIVILEGES CONTAINED IN
PARAGRAPH (G), (H), (I), OR (J) OF THIS SUBDIVISION SHALL NOT EXTEND TO
THE PREMISES OF THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
(h) conduct tastings of and sell at retail for consumption on or off
the premises New York state labeled beer manufactured by [a licensed]
EITHER A brewery LICENSED IN NEW YORK STATE or [licensed] A farm brewery
LICENSED IN NEW YORK STATE;
(i) conduct tastings of and sell at retail for consumption on or off
the LICENSED premises New York state labelled wine manufactured by
EITHER a [licensed] winery LICENSED IN NEW YORK STATE or [licensed] A
farm winery LICENSED IN NEW YORK STATE;
(j) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled liquor manufactured by [a licensed]
EITHER A distiller LICENSED IN NEW YORK STATE or [licensed] A farm
distiller LICENSED IN NEW YORK STATE; 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
§ 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of subdivi-
sion 2 of section 51-a of the alcoholic beverage control law, paragraph
(e) as amended by chapter 328 of the laws of 2016, paragraphs (f), (h),
(i), (k) and (l) as added by chapter 108 of the laws of 2012, paragraph
(g) as amended by chapter 431 of the laws of 2014 and paragraph (j) as
added and paragraphs (k) and (l) as relettered by chapter 384 of the
laws of 2013, are amended to read as follows:
(e) [sell at the licensed premises beer and cider manufactured by the
licensee or any other licensed farm brewery, and wine and spirits manu-
factured by any licensed farm winery or farm distillery, at retail for
consumption on or off the licensed premises] (I) SELL AT RETAIL FOR
CONSUMPTION ON OR OFF THE LICENSED PREMISES BEER MANUFACTURED BY THE
LICENSEE, OR NEW YORK STATE LABELLED BEER MANUFACTURED BY EITHER A BREW-
ER LICENSED IN NEW YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK
STATE;
(II) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE LICENSED PREMISES CIDER MANUFACTURED BY THE LICENSEE, OR NEW
YORK STATE LABELLED CIDER MANUFACTURED BY EITHER A CIDERY LICENSED IN
NEW YORK STATE OR A FARM CIDERY LICENSED IN NEW YORK STATE;
(III) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE LICENSED PREMISES NEW YORK STATE LABELLED WINE MANUFACTURED BY
EITHER A WINERY LICENSED IN NEW YORK STATE OR A FARM WINERY LICENSED IN
NEW YORK STATE; AND
(IV) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE LICENSED PREMISES NEW YORK STATE LABELLED SPIRITS MANUFACTURED
BY EITHER A DISTILLERY LICENSED IN NEW YORK STATE OR A FARM DISTILLERY
LICENSED IN NEW YORK STATE; PROVIDED, HOWEVER, THAT NO CONSUMER MAY BE
PROVIDED, DIRECTLY OR INDIRECTLY: (A) WITH MORE THAN THREE SAMPLES OF
LIQUOR FOR TASTING IN ONE CALENDAR DAY; OR (B) WITH A SAMPLE OF LIQUOR
FOR TASTING EQUAL TO MORE THAN ONE-QUARTER FLUID OUNCE;
(f) [conduct tastings at the licensed premises of beer and cider manu-
factured by the licensee or any other licensed farm brewery;
(g) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, beer and
cider manufactured by the licensee and any New York state labeled beer
S. 1185 5
or New York state labeled cider. All of the provisions of this chapter
relative to licenses to sell beer at retail for consumption on and off
the premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed farm brewery
may apply to the authority for a license under this chapter to sell
other alcoholic beverages at retail for consumption on the premises at
such establishment] AT THE LICENSED PREMISES, CONDUCT TASTINGS OF ANY
BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED BEER, OR
ANY ALCOHOLIC BEVERAGE FOR CONSUMPTION LICENSED PURSUANT TO PARAGRAPH
(E) OF THIS SUBDIVISION. PROVIDED HOWEVER, THE LICENSEE SHALL REGULARLY
KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR
CONSUMPTION ON THE PREMISES. PROVIDED, HOWEVER, FOR TASTINGS AND SALES
FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD
AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON
THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN
COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS, OR OTHER SUCH
FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD
ITEMS TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN
A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE
USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR
WALKING, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES,
CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS
CHAPTER RELATIVE TO LICENSEES SELLING CIDER AT RETAIL SHALL APPLY; AND
(III) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD
AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND
SELL AT SUCH PLACE, IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
ITEMS, AT RETAIL FOR CONSUMPTION ON THE PREMISES, ONLY CIDER MANUFAC-
TURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED CIDER. ALL OF THE
PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES TO SELLING CIDER AT
RETAIL SHALL APPLY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
LICENSED FARM BREWERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER
THIS CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
ON THE PREMISES AT SUCH ESTABLISHMENT, BUT THE PRIVILEGES CONTAINED IN
PARAGRAPH (E) OF THIS SUBDIVISION SHALL NOT EXTEND TO THE PREMISES OF
THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
[(h)] (G) sell beer and cider manufactured by the licensee or any
other [licensed] farm brewery LICENSED IN NEW YORK STATE 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; AND
[(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 cider manufactured by a licensed cider
producer or licensed farm cidery;
(k) 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
(l)] (H) 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
S. 1185 6
particular businesses on the community and area in the vicinity of the
farm brewery licensee.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.