§ 30 — Mead producers' license

New York § 30

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 3: Special Provisions Relating to Mead and Braggot

Text

§ 30. Mead producers' license. 1. Any person may apply to the liquor\nauthority for a mead producers' license as provided for in this section.\nSuch application shall be in writing and shall contain such information\nas the liquor authority shall require. Such application shall be\naccompanied by a check or draft for the amount required by this\nsubdivision for such license. If the liquor authority shall grant the\napplication it shall issue a license in such form as shall be determined\nby its rules. A license issued under this subdivision shall authorize\nthe licensee to manufacture mead and braggot within the licensed\npremises in this state for sale in bottles, barrels or casks to beer,\nwine and liquor retail licensees pursuant to section thirty-two of this\narticle and to sell and deliver mead and braggot to persons outside the\nstate pursuant to the laws of the place of such sale or delivery. The\nannual fee for such a license shall be one hundred twenty-five dollars;\nprovided, however, that the annual fee for a farm meadery license shall\nbe seventy-five dollars. The provisions contained in section sixty-seven\nof this chapter shall apply to all licenses issued pursuant to this\narticle.\n 2. (a) Any person licensed pursuant to subdivision one of this section\nmay conduct mead tastings of New York state labelled meads in\nestablishments licensed pursuant to section sixty-three of this chapter\nto sell alcoholic beverages for off-premises consumption. Such mead\nproducer or wholesaler may charge a fee of not more than twenty-five\ncents for each mead sample tasted. The liquor authority shall promulgate\nrules and regulations relating to the conduct of such tastings.\n (b) Any person licensed pursuant to subdivision one of this section\nmay conduct tastings of New York state labelled mead and New York state\nlabeled braggot and apply to the liquor authority for a permit to sell\nmead and braggot produced by such mead producer or wholesaler, by the\nbottle, during such tastings in establishments licensed pursuant to\nsection sixty-four of this chapter to sell alcoholic beverages for\nconsumption on the premises. Such mead producer may charge a fee of not\nmore than twenty-five cents for each mead or braggot sample tasted. The\nliquor authority shall promulgate rules and regulations relating to the\nconduct of tastings.\n (c) Mead and braggot tastings shall be conducted subject to the\nfollowing limitations:\n (i) mead and braggot tastings shall be conducted by an official agent,\nrepresentative or solicitor of one or more mead producers or\nwholesalers. Such agent, representative or solicitor shall be physically\npresent at all times during the conduct of the tastings; and\n (ii) any liability stemming from a right of action resulting from a\nmead and/or braggot tasting as authorized pursuant to this subdivision\nand in accordance with the provisions of sections 11-100 and 11-101 of\nthe general obligations law, shall accrue to the mead producer or\nwholesaler licensee.\n 3. A licensed mead producer producing New York state labelled mead\nand/or New York state labelled braggot may:\n (a) sell such mead and braggot to licensed farm distillers, farm\nwineries, farm cideries and farm breweries. All such mead and braggot\nsold by the licensee shall be securely sealed and have attached thereto\na label as shall be required by section one hundred seven-a of this\nchapter;\n (b) conduct tastings at the licensed premises of such mead and braggot\nor any other New York state labeled mead or braggot;\n (c) sell such mead and braggot at retail for consumption off the\npremises at the state fair, at recognized county fairs and at farmers\nmarkets operated on a not-for-profit basis;\n (d) sell and conduct tastings of such mead and braggot at retail for\nconsumption on the premises of a restaurant, conference center, inn, bed\nand breakfast or hotel business owned and operated by the licensee in or\nadjacent to its meadery. A licensee who operates a restaurant,\nconference center, inn, bed and breakfast or hotel pursuant to such\nauthority shall comply with all applicable provisions of this chapter\nwhich relate to licenses to sell mead at retail for consumption on the\npremises;\n (e) apply for a permit to conduct tastings away from the licensed\npremises of such mead and braggot. Such permit shall be valid throughout\nthe state and may be issued on an annual basis or for individual events.\nEach such permit and the exercise of the privilege granted thereby shall\nbe subject to such rules and conditions of the authority as it deems\nnecessary. Tastings shall be conducted subject to the following\nconditions:\n (i) tastings shall be conducted by an official agent, representative\nor solicitor of the licensee. Such agent, representative or solicitor\nshall be physically present at all times during the conduct of the\ntastings; and\n (ii) any liability stemming from a right of action resulting from a\ntasting of mead or braggot as authorized herein and in accordance with\nthe provisions of sections 11-100 and 11-101 of the general obligations\nlaw, shall accrue to the licensee.\n (f) if it holds a tasting permit issued pursuant to paragraph (e) of\nthis subdivision, apply to the authority for a permit to sell such mead,\nfor consumption off the premises, during such tastings in premises\nlicensed under section sixty-four or sixty-four-a of this chapter; or\napply to the authority for a permit to sell such mead and/or braggot at\na premises licensed under section eighty-one or eighty-one-a of this\nchapter. Each such permit and the exercise of the privilege granted\nthereby shall be subject to such rules and conditions of the authority\nas it deems necessary.\n 4. A mead producer shall manufacture at least fifty gallons of mead\nand/or braggot annually.\n