S T A T E O F N E W Y O R K
________________________________________________________________________
6415
2025-2026 Regular Sessions
I N S E N A T E
March 13, 2025
___________
Introduced by Sen. SKOUFIS -- 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
creating licenses for roadside farm markets to sell beer, cider, and
liquor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 5 and 6 of section 50 of the alcoholic bever-
age control law, as amended by chapter 519 of the laws of 1937, are
amended and a new subdivision 7 is added to read as follows:
5. Licenses to sell beer at retail for consumption off the premises;
[and]
6. Licenses to sell beer at retail for consumption on the premises[.];
AND
7. ROADSIDE FARM MARKET LICENSE.
§ 2. The alcoholic beverage control law is amended by adding a new
section 51-b to read as follows:
§ 51-B. ROADSIDE FARM MARKET LICENSE. 1. ANY PERSON OWNING OR OPERAT-
ING A ROADSIDE FARM MARKET MAY APPLY TO THE LIQUOR AUTHORITY FOR A ROAD-
SIDE FARM MARKET LICENSE TO SELL BEER PURSUANT TO THIS SECTION. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED, AND SHALL CONTAIN SUCH
INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE AND SHALL BE ACCOMPA-
NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE 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,
AND THE LICENSE SHALL REMAIN IN EFFECT FOR ONE YEAR.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ROADSIDE FARM MARKET"
MEANS A BUILDING OR STRUCTURE LOCATED ON A FARM OPERATION, AS DEFINED IN
SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS LAW, EXCEPT FOR A COMMERCIAL HORSE BOARDING OPERATION, IN WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10620-01-5
S. 6415 2
NEW YORK AGRICULTURAL PRODUCTS ARE PRIMARILY SOLD BY PRODUCERS, GROWERS
OR FARMERS OF SUCH AGRICULTURAL PRODUCTS TO THE GENERAL PUBLIC, AND THE
TERM "NEW YORK AGRICULTURAL PRODUCT" MEANS ANY AGRICULTURAL OR AQUACUL-
TURAL PRODUCT OF THE SOIL OR WATER THAT HAS BEEN GROWN, HARVESTED OR
PRODUCED WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS, VEGETA-
BLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY
PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS,
PRESERVES, MAPLE SAP PRODUCTS, APPLE CIDER, FRUIT JUICE, AND CHRISTMAS
TREES.
3. A ROADSIDE FARM MARKET LICENSE SHALL AUTHORIZE THE HOLDER THEREOF
TO SELL BEER MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARMS
OR SPECIAL BREWERIES OR MICRO-BREWERIES THAT ARE LOCATED WITHIN TWENTY
MILES OF THE ROADSIDE FARM MARKET BY THE BOTTLE OR CAN FOR OFF-PREMISES
CONSUMPTION; PROVIDED THAT SUCH MARKET'S OWNER, OPERATOR OR REPRESEN-
TATIVE SHALL BE PRESENT AT ALL TIMES DURING WHICH BEER IS BEING OFFERED
FOR SALE; PROVIDED THAT SUCH MARKET SHALL ABIDE BY ALL RULES AND REGU-
LATIONS PROMULGATED PURSUANT TO SECTION NINETY-SIX OF THIS CHAPTER AND
ANY OTHER RULES AND REGULATIONS PROMULGATED BY THE LIQUOR AUTHORITY TO
IMPLEMENT THE PROVISIONS OF THIS SECTION TO ENSURE THAT BEER STORED OR
KEPT BY SUCH MARKET IS SEGREGATED AND KEPT IN A SAFE AND SECURE LOCATION
WHEN SUCH MARKET IS CLOSED FOR BUSINESS.
4. THE SALE OF BEER PURSUANT TO THIS SECTION SHALL OCCUR ONLY WITHIN
THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FOURTEEN OF SECTION ONE
HUNDRED FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SECTION
FIFTY-FOUR-B OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW, NO BEER
TASTINGS SHALL BE CONDUCTED AT A ROADSIDE FARM MARKET THAT SELLS BEER
FOR OFF-PREMISES CONSUMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION.
5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 3. Section 56 of the alcoholic beverage control law is amended by
adding a new subdivision 12 to read as follows:
12. THE ANNUAL FEE FOR A ROADSIDE FARM MARKET LICENSE SHALL BE ONE
HUNDRED DOLLARS.
§ 4. The alcoholic beverage control law is amended by adding a new
section 58-e to read as follows:
§ 58-E. ROADSIDE FARM MARKET LICENSE. 1. ANY PERSON OWNING OR OPERAT-
ING A ROADSIDE FARM MARKET MAY APPLY TO THE LIQUOR AUTHORITY FOR A ROAD-
SIDE FARM MARKET LICENSE TO SELL CIDER PURSUANT TO THIS SECTION. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED, AND SHALL CONTAIN SUCH
INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE AND SHALL BE ACCOMPA-
NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE 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,
AND THE LICENSE SHALL REMAIN IN EFFECT FOR ONE YEAR. THE ANNUAL FEE FOR
SUCH A LICENSE SHALL BE ONE HUNDRED DOLLARS.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ROADSIDE FARM MARKET"
MEANS A BUILDING OR STRUCTURE LOCATED ON A FARM OPERATION, AS DEFINED IN
SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS LAW, EXCEPT FOR A COMMERCIAL HORSE BOARDING OPERATION, IN WHICH
NEW YORK AGRICULTURAL PRODUCTS ARE PRIMARILY SOLD BY PRODUCERS, GROWERS
OR FARMERS OF SUCH AGRICULTURAL PRODUCTS TO THE GENERAL PUBLIC, AND THE
TERM "NEW YORK AGRICULTURAL PRODUCT" MEANS ANY AGRICULTURAL OR AQUACUL-
TURAL PRODUCT OF THE SOIL OR WATER THAT HAS BEEN GROWN, HARVESTED OR
PRODUCED WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS, VEGETA-
BLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY
S. 6415 3
PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS,
PRESERVES, MAPLE SAP PRODUCTS, APPLE CIDER, FRUIT JUICE, AND CHRISTMAS
TREES.
3. A ROADSIDE FARM MARKET LICENSE SHALL AUTHORIZE THE HOLDER THEREOF
TO SELL CIDER MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARMS
OR FARM CIDERIES THAT ARE LOCATED WITHIN TWENTY MILES OF THE ROADSIDE
FARM MARKET BY THE BOTTLE OR CAN FOR OFF-PREMISES CONSUMPTION; PROVIDED
THAT SUCH MARKET'S OWNER, OPERATOR OR REPRESENTATIVE SHALL BE PRESENT AT
ALL TIMES DURING WHICH CIDER IS BEING OFFERED FOR SALE; PROVIDED THAT
SUCH MARKET SHALL ABIDE BY ALL RULES AND REGULATIONS PROMULGATED PURSU-
ANT TO SECTION NINETY-SIX OF THIS CHAPTER AND ANY OTHER RULES AND REGU-
LATIONS PROMULGATED BY THE LIQUOR AUTHORITY TO IMPLEMENT THE PROVISIONS
OF THIS SECTION TO ENSURE THAT CIDER STORED OR KEPT BY SUCH MARKET IS
SEGREGATED AND KEPT IN A SAFE AND SECURE LOCATION WHEN SUCH MARKET IS
CLOSED FOR BUSINESS.
4. THE SALE OF CIDER PURSUANT TO THIS SECTION SHALL OCCUR ONLY WITHIN
THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FOURTEEN OF SECTION ONE
HUNDRED FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SECTION
FIFTY-NINE-A OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW, NO CIDER
TASTINGS SHALL BE CONDUCTED AT A ROADSIDE FARM MARKET THAT SELLS CIDER
FOR OFF-PREMISES CONSUMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION.
5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 5. Subdivision 6 of section 60 of the alcoholic beverage control
law, as added by chapter 531 of the laws of 1964, is amended and a new
subdivision 7 is added to read as follows:
6. Special license to sell liquor at retail for consumption on the
premises.
7. ROADSIDE FARM MARKET LICENSE.
§ 6. The alcoholic beverage control law is amended by adding a new
section 61-c to read as follows:
§ 61-C. ROADSIDE FARM MARKET LICENSE. 1. ANY PERSON OWNING OR OPERAT-
ING A ROADSIDE FARM MARKET MAY APPLY TO THE LIQUOR AUTHORITY FOR A ROAD-
SIDE FARM MARKET LICENSE TO SELL LIQUOR PURSUANT TO THIS SECTION. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED, AND SHALL CONTAIN SUCH
INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE AND SHALL BE ACCOMPA-
NIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE 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,
AND THE LICENSE SHALL REMAIN IN EFFECT FOR ONE YEAR.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ROADSIDE FARM MARKET"
MEANS A BUILDING OR STRUCTURE LOCATED ON A FARM OPERATION, AS DEFINED IN
SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS LAW, EXCEPT FOR A COMMERCIAL HORSE BOARDING OPERATION, IN WHICH
NEW YORK AGRICULTURAL PRODUCTS ARE PRIMARILY SOLD BY PRODUCERS, GROWERS
OR FARMERS OF SUCH AGRICULTURAL PRODUCTS TO THE GENERAL PUBLIC, AND THE
TERM "NEW YORK AGRICULTURAL PRODUCT" MEANS ANY AGRICULTURAL OR AQUACUL-
TURAL PRODUCT OF THE SOIL OR WATER THAT HAS BEEN GROWN, HARVESTED OR
PRODUCED WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS, VEGETA-
BLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY
PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS,
PRESERVES, MAPLE SAP PRODUCTS, APPLE CIDER, FRUIT JUICE, AND CHRISTMAS
TREES.
3. A ROADSIDE FARM MARKET LICENSE SHALL AUTHORIZE THE HOLDER THEREOF
TO SELL LIQUOR MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARMS
S. 6415 4
OR FARM DISTILLERIES THAT ARE LOCATED WITHIN TWENTY MILES OF THE ROAD-
SIDE FARM MARKET BY THE BOTTLE FOR OFF-PREMISES CONSUMPTION; PROVIDED
THAT SUCH MARKET'S OWNER, OPERATOR OR REPRESENTATIVE SHALL BE PRESENT AT
ALL TIMES DURING WHICH LIQUOR IS BEING OFFERED FOR SALE; PROVIDED THAT
SUCH MARKET SHALL ABIDE BY ALL RULES AND REGULATIONS PROMULGATED PURSU-
ANT TO SECTION NINETY-SIX OF THIS CHAPTER AND ANY OTHER RULES AND REGU-
LATIONS PROMULGATED BY THE LIQUOR AUTHORITY TO IMPLEMENT THE PROVISIONS
OF THIS SECTION TO ENSURE THAT LIQUOR STORED OR KEPT BY SUCH MARKET IS
SEGREGATED AND KEPT IN A SAFE AND SECURE LOCATION WHEN SUCH MARKET IS
CLOSED FOR BUSINESS.
4. THE SALE OF LIQUOR PURSUANT TO THIS SECTION SHALL OCCUR ONLY WITHIN
THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FOURTEEN OF SECTION ONE
HUNDRED FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF SECTION
SIXTY-THREE-A OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW, NO LIQUOR
TASTINGS SHALL BE CONDUCTED AT A ROADSIDE FARM MARKET THAT SELLS LIQUOR
FOR OFF-PREMISES CONSUMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION.
5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 7. Section 66 of the alcoholic beverage control law is amended by
adding a new subdivision 11 to read as follows:
11. THE ANNUAL FEE FOR A ROADSIDE FARM MARKET LICENSE SHALL BE ONE
HUNDRED DOLLARS.
§ 8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.