S T A T E O F N E W Y O R K
________________________________________________________________________
3281
2019-2020 Regular Sessions
I N S E N A T E
February 5, 2019
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
promoting economic development by expanding products sold by farm
cideries and authorizing such cideries to sell cider to other licen-
sees for resale; and to amend the general municipal law, in relation
to authorizing the sale of cider and wine at games of chance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3-a of section 58 of the alcoholic beverage
control law, as added by chapter 384 of the laws of 2013, paragraph (b)
as amended by chapter 171 of the laws of 2017, is amended to read as
follows:
3-a. A licensed cider producer producing New York state labelled cider
may:
(a) sell such cider OR ANY NEW YORK STATE LABELED CIDER to licensed
farm distillers, farm wineries, WINERIES, farm cideries [and], 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 or any
other New York state labeled cider;
(c) sell such cider OR ANY NEW YORK STATE LABELED 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 OR ANY NEW YORK STATE
LABELED CIDER 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00475-02-9
S. 3281 2
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 OR ANY NEW YORK STATE LABELED 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 priv-
ilege granted thereby shall be subject to such rules and conditions of
the authority as it deems necessary. 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] IN THIS PARAGRAPH and in accord-
ance 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
OR ANY NEW YORK STATE LABELED CIDER, for consumption off the premises,
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.
§ 2. Paragraphs (c) and (g) of subdivision 2 of section 58-c of the
alcoholic beverage control law, paragraph (c) as amended by chapter 171
of the laws of 2017 and paragraph (g) as added by chapter 384 of the
laws of 2013, are amended to read as follows:
(c) sell cider manufactured by the licensee OR ANY NEW YORK STATE
LABELED CIDER to wholesalers and retailers licensed in this state to
sell such cider, TO licensed farm distillers, licensed farm wineries,
licensed wineries, licensed farm breweries, and any other licensed farm
cidery OR LICENSED 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;
(g) sell cider manufactured by the licensee or any other licensed farm
cidery, OR ANY NEW YORK STATE LABELED 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;
§ 3. Subdivision 5 of section 58-c of the alcoholic beverage control
law, as added by chapter 384 of the laws of 2013, is amended to read as
follows:
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, OR ANY NEW YORK STATE LABELED CIDER 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.
§ 4. Subdivision 2 of section 76 of the alcoholic beverage control law
is amended by adding a new paragraph (d-1) to read as follows:
(D-1) TO SELL FROM THE LICENSED PREMISES TO LICENSED FARM DISTILLERS,
FARM WINERIES, WINERIES, FARM CIDERIES, CIDERIES AND FARM BREWERS ANY
NEW YORK STATE LABELED CIDER. ALL SUCH CIDER SHALL BE SECURELY SEALED
S. 3281 3
AND HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE
HUNDRED SEVEN-A OF THIS CHAPTER;
§ 5. Subdivisions 3 and 5 of section 76 of the alcoholic beverage
control law, as amended by chapter 221 of the laws of 2011, are amended
to read as follows:
3. (a) Any person having applied for and received a license as a
winery under this section may conduct wine AND CIDER tastings of New
York state labelled wines OR CIDERS in establishments licensed under
sections sixty-three and seventy-nine of this chapter to sell wine for
off-premises consumption. Such winery may charge a fee for each wine OR
CIDER sample tasted. The state liquor authority shall promulgate rules
and regulations regarding such tastings as provided for in this subdivi-
sion.
(a-1) Any person having applied for and received a license as a winery
under this section may conduct wine AND CIDER tastings of New York state
labelled wines OR CIDERS and apply to the liquor authority for a permit
to sell wine produced by such winery OR ANY NEW YORK STATE LABELED CIDER
by the bottle, during such tastings in establishments licensed under
section sixty-four, section sixty-four-a, section eighty-one or section
eighty-one-a of this chapter to sell wine for consumption on the prem-
ises. Such winery may charge a fee of no more than twenty-five cents for
each wine OR CIDER sample tasted. The state liquor authority shall
promulgate rules and regulations regarding such tastings as provided for
in this subdivision.
(b) Tastings shall be conducted subject to the following limitations:
(i) wine AND CIDER tastings shall be conducted by an official agent,
representative or solicitor of one or more wineries. Such agent, repre-
sentative 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
wine OR CIDER tasting 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 winery licensee.
(c)(i) Any person having applied for and received a license as a
winery under this section may conduct wine AND CIDER tastings of New
York state labelled wines OR CIDERS and sell such wine OR CIDER by the
bottle, during such tasting, for off-premises consumption at outdoor or
indoor gatherings, functions, occasions or events, within the hours
fixed by or pursuant to subdivision fourteen of section one hundred five
of this chapter, sponsored by a bona fide charitable organization. For
the purposes of this paragraph, a bona fide charitable organization
shall mean and include any bona fide religious or charitable organiza-
tion or bona fide educational, fraternal or service organization or bona
fide organization of veterans or volunteer firefighters, which by its
charter, certificate of incorporation, constitution, or act of the
legislature, shall have among its dominant purposes one or more of the
lawful purposes as defined in subdivision five of section one hundred
eighty-six of the general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such winery to participate in outdoor or indoor gath-
erings, functions, occasions or events sponsored by a charitable organ-
ization. The winery must give the authority written or electronic
notice of the date, time and specific location of each tasting at least
fifteen days prior to the tasting. A winery that obtains a permit to
conduct such wine OR CIDER tastings does not need to apply for or obtain
a temporary beer or wine permit pursuant to section ninety-seven of this
S. 3281 4
chapter or any other permit to conduct such a tasting or to sell wine OR
CIDER by the bottle for off-premises consumption at such tastings.
(iii) Such winery may charge a fee for each wine OR CIDER sample tast-
ed. Tastings shall be conducted by an official agent, representative or
solicitor of such winery. The state liquor authority may promulgate
rules and regulations regarding such tastings as provided for in this
subdivision.
5. Notwithstanding any provision of this chapter to the contrary, any
one or more winery licensees, singly or jointly, may apply to the liquor
authority for a license or licenses to sell wine AND ANY NEW YORK STATE
LABELED CIDER at retail for consumption off the premises. For licensees
applying singly, the duration of such license shall be coextensive with
the duration of such licensee's winery license, and the fee therefor
shall be five hundred dollars if such retail premises is located in
cities having a population of one million or more; in cities having less
than one million population and more than one hundred thousand, two
hundred fifty dollars; and elsewhere, the sum of one hundred twenty-five
dollars. Such license shall entitle the holder thereof to sell at retail
for consumption off the premises any New York state labelled wine OR
CIDER. Such license shall also entitle the holder thereof to conduct
wine AND CIDER tastings. Such license shall also authorize the sale by
the holder thereof of New York state labelled wine OR CIDER, in sealed
containers for off-premises consumption, from the specially licensed
premises of any person licensed pursuant to section eighty-one-a of this
article to sell wine at retail for consumption on premises in which the
principal business is the operation of a legitimate theater or such
other lawful adult entertainment or recreational facility as the liquor
authority may classify for eligibility pursuant to subdivision six of
section sixty-four-a of this chapter. Not more than five such licenses
shall be issued, either singly or jointly, to any licensed winery. All
other provisions of this chapter relative to licenses to sell wine at
retail for consumption off the premises shall apply so far as applicable
to such application. The liquor authority is hereby authorized to adopt
such rules as it may deem necessary to carry out the purpose of this
subdivision, provided that all licenses issued pursuant to this subdivi-
sion shall be subject to the same rules and regulations as are applica-
ble to the sale of wine at retail for consumption off the premises of
the winery licensee.
§ 6. Paragraphs (b) and (c) of subdivision 2 and subdivision 3 of
section 76-a of the alcoholic beverage control law, paragraph (b) of
subdivision 2 and subdivision 3 as added by chapter 221 of the laws of
2011 and paragraph (c) of subdivision 2 as amended by chapter 522 of the
laws of 2018, are amended to read as follows:
(b) sell in bulk from the licensed premises the products manufactured
under such license OR ANY NEW YORK STATE LABELED CIDER to any winery
licensee, any other farm 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 OR CIDER to persons
outside the state pursuant to the laws of the place of such sale or
delivery;
(c) sell from the licensed premises to a licensed winery, farm distil-
ler, farm brewery, farm cidery, farm meadery, 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,
cider, or mead manufactured by the licensee OR ANY NEW YORK STATE
LABELED CIDER as above set forth and to sell or deliver such wine or
S. 3281 5
cider to persons outside the state pursuant to the laws of the place of
such sale or delivery. All wine, cider, or mead 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;
3. (a) Any person having applied for and received a license as a farm
winery under this section may conduct wine AND CIDER tastings of New
York state labelled wines AND CIDERS in establishments licensed under
section sixty-three of this chapter and section seventy-nine of this
article to sell wine OR ANY NEW YORK STATE LABELED CIDER for off-premis-
es consumption. Such farm winery may charge a fee for each wine OR CIDER
sample tasted. The state liquor authority shall promulgate rules and
regulations regarding such tastings as provided for in this subdivision.
(b) Any person having applied for and received a license as a farm
winery under this section may conduct wine AND CIDER tastings of New
York state labelled wines AND CIDERS and apply to the liquor authority
for a permit to sell wine produced by such farm winery OR ANY NEW YORK
STATE LABELED CIDER, by the bottle, during such tastings in establish-
ments licensed under sections sixty-four and sixty-four-a of this chap-
ter and section eighty-one or section eighty-one-a of this article to
sell wine for consumption on the premises. Such farm winery may charge a
fee of no more than twenty-five cents for each wine OR CIDER sample
tasted. The state liquor authority shall promulgate rules and regu-
lations regarding such tastings as provided for in this subdivision.
(c) Tastings shall be conducted subject to the following limitations:
(i) wine OR CIDER tastings shall be conducted by an official agent,
representative or solicitor of one or more farm wineries. 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
wine tasting 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 winery.
(d) (i) Any person having applied for and received a license as a farm
winery under this section may conduct wine AND CIDER tastings of New
York state labelled wines AND CIDERS and sell such wine OR CIDER by the
bottle, during such tasting, for off-premises consumption at outdoor or
indoor gatherings, functions, occasions or events, within the hours
fixed by or pursuant to subdivision fourteen of section one hundred five
of this chapter, sponsored by a bona fide charitable organization. For
the purposes of this paragraph, a bona fide charitable organization
shall mean and include any bona fide religious or charitable organiza-
tion or bona fide educational, fraternal or service organization or bona
fide organization of veterans or volunteer firefighters, which by its
charter, certificate of incorporation, constitution, or act of the
legislature, shall have among its dominant purposes one or more of the
lawful purposes as defined in subdivision five of section one hundred
eighty-six of the general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such farm winery to participate in such outdoor or
indoor gatherings, functions, occasions or events sponsored by a chari-
table organization. The farm winery must give the authority written or
electronic notice of the date, time and specific location of each tast-
ing at least fifteen days prior to the tasting. A farm winery that
obtains a permit to conduct such wine OR CIDER tastings does not need to
apply for or obtain a temporary beer or wine permit pursuant to section
S. 3281 6
ninety-seven of this chapter or any other permit to conduct such a tast-
ing or to sell wine OR CIDER by the bottle for off-premises consumption
at such tastings.
(iii) Such farm winery may charge a fee for each wine OR CIDER sample
tasted. Tastings shall be conducted by an official agent, represen-
tative or solicitor of such farm winery. The state liquor authority may
adopt rules and regulations regarding such tastings as provided in this
subdivision.
§ 6-a. Paragraph (c) of subdivision 2 of section 76-a of the alcoholic
beverage control law, as amended by chapter 384 of the laws of 2013, 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 OR ANY NEW YORK STATE LABELED CIDER 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;
§ 7. Paragraph (a) of subdivision 7-b of section 3 of the alcoholic
beverage control law, as amended by chapter 384 of the laws of 2013, is
amended to read as follows:
(a) "Cider" means the partially or fully fermented juice of fresh,
whole apples or other pome fruits, containing more than three and two-
tenths per centum but not more than eight and one-half per centum alco-
hol by volume: (i) to which nothing has been added to increase the alco-
holic content produced by natural fermentation; and (ii) with the usual
cellar treatments and necessary additions to correct defects due to
climate, [saccharine] SUGAR levels and seasonal conditions. Nothing
contained in this subdivision shall be deemed to preclude the use of
such methods or materials as may be necessary to encourage a normal
alcoholic fermentation and to make a product that is free of microbi-
ological activity at the time of sale. Cider may be sweetened or
flavored after fermentation with fruit juice, fruit juice concentrate,
sugar, maple syrup, honey, spices or other agricultural products, sepa-
rately or in combination. Cider may contain retained or added carbon
dioxide.
§ 8. Subdivision 3 of section 194 of the general municipal law, as
amended by chapter 550 of the laws of 1994, is amended to read as
follows:
3. [Service of alcoholic beverages.] Subject to the applicable
provisions of the alcoholic beverage control law, beer, CIDER AND WINE
may be offered for sale during the conduct of games of chance on games
of chance premises as such premises are defined in subdivision nineteen
of section one hundred eighty-six of this article; provided, however,
that nothing herein shall be construed to limit the offering for sale of
any other alcoholic beverage in areas other than the games of chance
premises or the sale of any other alcoholic beverage in premises where
only the games of chance known as bell jar or raffles are conducted.
§ 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that:
1. the amendments to paragraph (c) of subdivision 2 of section 76-a of
the alcoholic beverage control law made by section six-a of this act
shall take effect only if the amendments to such paragraph made by
S. 3281 7
section 21 of chapter 522 of the laws of 2018 have not taken effect on
or before the effective date of this act;
2. if the amendments to paragraph (c) of subdivision 2 of section 76-a
of the alcoholic beverage control law made by section 21 of chapter 522
of the laws of 2018 have not taken effect on or before the effective
date of this act, then the amendments to paragraph (c) of subdivision 2
of section 76-a of the alcoholic beverage control law made by section
six of this act shall take effect on the same date and in the same
manner that such chapter takes effect.
3. 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 and directed to be made and completed on
or before such effective date.
