§ 51 — Brewer's license

New York § 51

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 4: Special Provisions Relating to Beer

Text

§ 51. Brewer's license. 1. Any person may apply to the liquor\nauthority for a license to brew beer within this state for sale. Such\napplication shall be in writing and verified and shall contain such\ninformation as the liquor authority shall require. Such application\nshall be accompanied by a check or draft for the amount required by this\narticle for such license. If the liquor authority shall grant the\napplication, it shall issue a license in such form as shall be\ndetermined by its rules. Such license shall contain a description of the\nlicensed premises and in form and in substance shall be a license to the\nperson therein specifically designated to brew beer in the premises\ntherein specifically licensed.\n 2. Such a license shall authorize the sale from the licensed premises\nof the beer brewed by such licensee to duly licensed wholesalers,\nretailers and permittees in this state, and to sell or deliver such beer\nto persons outside the state pursuant to the laws of the place of such\nsale or delivery. A person holding a brewer's license may apply for a\nlicense to sell beer brewed by him at wholesale at premises other than\nthose designated in the brewery license and the provisions of this\narticle relative to wholesaler's licenses shall apply so far as\napplicable to such application.\n 3. A licensed brewer may, under such rules as may be adopted by the\nliquor authority, sell beer at retail in bulk by the keg, cask or barrel\nfor consumption and not for resale at a clam-bake, barbeque, picnic,\nouting or other similar outdoor gathering at which more than fifty\npersons are assembled.\n 3-a. A licensed brewer may at the licensed premises conduct tastings\nof, and sell at retail for consumption on or off the licensed premises,\nany beer manufactured by the licensee or any New York state labeled\nbeer. Provided, however, that for tastings and sales for on-premises\nconsumption, the licensee shall regularly keep food available for sale\nor service to its retail customers for consumption on the premises. A\nlicensee providing the following shall be deemed in compliance with this\nprovision: (i) sandwiches, soups or other such foods, whether fresh,\nprocessed, pre-cooked or frozen; and/or (ii) food items intended to\ncomplement the tasting of alcoholic beverages, which shall mean a\ndiversified selection of food that is ordinarily consumed without the\nuse of tableware and can be conveniently consumed while standing or\nwalking, including but not limited to: cheeses, fruits, vegetables,\nchocolates, breads, mustards and crackers. All of the provisions of this\nchapter relative to licenses to sell beer at retail for consumption on\nand off the premises shall apply so far as applicable to such licensee.\n 4. A licensed brewery may operate a restaurant, hotel, catering\nestablishment, or other food and drinking establishment in or adjacent\nto the licensed premises and sell at such place, at retail for\nconsumption on the premises, beer manufactured by the licensee and any\nNew York state labeled beer. All of the provisions of this chapter\nrelative to licenses to sell beer at retail for consumption on the\npremises shall apply so far as applicable to such licensee.\nNotwithstanding any other provision of law, the licensed brewer may\napply to the liquor authority for a license to sell beer, wine or liquor\nat retail for consumption on the premises at such establishment. All of\nthe provisions of this chapter relative to licenses to sell beer, wine\nor liquor at retail for consumption on the premises shall apply so far\nas applicable to such application.\n 5. A licensed brewer whose annual production is less than sixty\nthousand barrels may apply to the liquor authority for a permit to sell\nbeer in a sealed container for off-premises consumption at the state\nfair, at recognized county fairs and at farmers' markets operated on a\nnot-for-profit basis. As a condition of the permit a representative from\nthe brewer must be present at the time of sale.\n 5-a. Except as otherwise provided in subdivisions three, four, five\nand six-a of this section and except as provided in section fifty-two of\nthis article no brewer shall sell any beer, wine or liquor at retail.\n 6. Notwithstanding the provisions of subdivision one of section one\nhundred one of this chapter the authority may issue a brewer's license\npursuant to this section for a premises which shall be located wholly\nwithin the town of Hyde Park, county of Dutchess, state of New York,\nknown and designated as Lot No. 1 shown on a map entitled "Subdivision\nfor Piney" filed in the Dutchess County Clerk's Office as Map No. 8764,\nbeing more particularly bounded and described as follows:\n BEGINNING at a point on the easterly line of State Highway Route 9\n(also known as Albany Post Road) at the northwest corner of the herein\ndescribed parcel and the southwest corner of the lands now or formerly\nof Friendly Ice Cream Corp.; thence along the division line between the\nherein described parcel and the last mentioned lands; South 77 deg 10'\n10" East 310.17 feet to the northeast corner of the herein described\nparcel and the southeast corner of the last mentioned lands at a point\non the westerly line of other lands of Fernando Piney which are\ndesignated as Lot No. 1 as shown of Filed Map 5678; thence along the\ndivision line between the herein described parcel and the last described\nlands of Piney. South 06 deg 34' 20" West 157.76 feet to the southeast\ncorner of the herein described parcel and the northeast corner of Lot\nNo. 2 as shown on Filed Map No. 8764; thence along the northerly line of\nLot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42"\nWest 155.26 feet and South 87 deg 45' 20" West 155.00 feet to the\nsouthwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a\npoint on the easterly line of State Highway Route 9; thence along the\neasterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00\nfeet to the point of beginning. Being the same premises as conveyed to\nAnthony Lobianco, Joseph Lobianco and Carmelo DeCicco by deed of\nUniversal Land Abstract, as agent of the grantor, Fernando Piney, dated\nMarch 21, 1995 and recorded in the office of the Dutchess County Clerk\non such date as Receipt no. R12437, Batch record no. A00209; Being the\nsame premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka\n& Strohsahl, as agent of the grantor, Carmelo DeCicco, dated November\n17, 2003 and recorded in the office of the Dutchess County Clerk on\nDecember 9, 2004 as document no. 02 2004 12028, Receipt no. R98669,\nBatch record no. C00440.\n 6-a. A licensed brewer producing New York state labelled beer may:\n (a) sell such beer to licensed farm distillers, farm wineries, farm\ncideries and farm breweries. All such beer sold by the licensee shall be\nsecurely sealed and have attached thereto a label as shall be required\nby section one hundred seven-a of this chapter;\n (c) sell such beer at retail for consumption off the premises at the\nstate fair, at recognized county fairs and at farmers markets operated\non a not-for-profit basis;\n (e) apply for a permit to conduct tastings away from the licensed\npremises of such beer. Such permit shall be valid throughout the state\nand may be issued on an annual basis or for individual events. Each such\npermit and the exercise of the privilege granted thereby shall be\nsubject 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 beer or cider as authorized herein and in accordance with the\nprovisions of sections 11-100 and 11-101 of the general obligations law,\nshall 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 beer,\nfor consumption off the premises, during such tastings in premises\nlicensed under sections sixty-four, sixty-four-a, eighty-one and\neighty-one-a of this chapter. Each such permit and the exercise of the\nprivilege granted thereby shall be subject to such rules and conditions\nof the authority as it deems necessary.\n 7. Notwithstanding any contrary provision of law or of any rule or\nregulation promulgated pursuant thereto, and in addition to the\nactivities which may otherwise be carried on by any person licensed as a\nbrewer under this chapter, such person may, on the premises designated\nin such license: (a) produce, package, bottle, sell and deliver soft\ndrinks and other non-alcoholic beverages, vitamins, malt, malt sirup,\nand other by-products; (b) dry spent grain from the brewery; (c) recover\ncarbon dioxide and yeast; (d) store bottles, packages and supplies\nnecessary or incidental to all such operations; (e) package, bottle,\nsell and deliver wine products; (f) allow for the premises including\nspace and equipment to be rented by a licensed tenant brewer for the\npurposes of alternation; and (g) manufacture, produce, blend, package,\nbottle, purchase, sell and deliver alcoholic beverages. If any licensed\nbrewer desires to engage in any of the activities in paragraph (a), (b),\n(c), (d) or (e) of this subdivision which (a) require the use of\nby-products or wastage from the production of beer, or utilize\nbuildings, room-areas or equipment not fully employed in the production\nof beer; or (b) are reasonably necessary to realize the maximum benefit\nfrom the premises and equipment and to reduce the overhead of the\nbrewery; or (c) are in the public interest because of emergency\nconditions; or (d) involve experiments or research projects related to\nequipment, materials, processes, products, by-products or wastage of the\nbrewery, he shall submit an application so to do to the liquor\nauthority, on forms prescribed and furnished by it. If the authority\ndetermines that the activities specified in the application will not\nimpede the effective administration of the alcoholic beverage control\nlaw, it may approve such application, subject to such restrictions or\nmodifications, and in such manner and form as it may determine, and no\nbrewer licensed under this chapter shall engage in any such activities\nwithout the prior approval of the authority. Provided, however, if the\nlicensed brewer desires to engage in any activities identified in\nparagraph (f) or (g) of this subdivision the licensee shall submit an\napplication to do so to the liquor authority, on forms prescribed and\nfurnished by it. If the authority determines that the activities\nspecified in the application will not impede the effective\nadministration of this chapter, it may approve such application, subject\nto such restrictions or modifications, and in such manner and form as it\nmay determine. The approval of such application shall be subject to the\nimposition of such additional license fees for such activities\nidentified in paragraph (g) of this subdivision consistent with the\nmanufacture of any alcoholic beverages under this article and articles\nfive and six of this chapter. The liquor authority is hereby authorized\nto adopt such rules and regulations as it may determine necessary to\neffectuate the provisions of this subdivision.\n 8. (a) A licensee or his or her employee, or a brewer or manufacturer\nas defined in section three of this chapter or its employee or\nrepresentative, or an importer having a basic permit as required by\nsection 1.20 of title 27 of the code of federal regulations or its\nemployee or representative, may obtain a permit to serve small samples\nof beer or malt beverages he or she produces or imports at\nestablishments licensed under section fifty-four or fifty-four-a of this\narticle. Furthermore such permit may also be obtained for serving small\nsamples of beer or malt beverages produced or imported by such licensee,\nbrewer, manufacturer or importer at annual fairs sponsored by\nagricultural and horticultural societies as defined in section fourteen\nhundred nine of the not-for-profit corporation law, and for sampling at\nthe licensed premises of the holder of a wholesaler's license under\nsection fifty-three of this article issued or renewed prior to July\nfirst, nineteen hundred sixty, and thereafter renewed or transferred,\nwhich authorizes the holder thereof to sell beer at retail to a person\nfor consumption in his or her home. For purposes of this paragraph, a\nrepresentative shall not include a person licensed under section\nfifty-three of this article or his or her employees.\n (b) The fee for a temporary brewer tasting permit shall be twenty\ndollars and shall be issued by the authority and dated for its period of\nuse, which shall not exceed three days. An applicant for such permit may\nalso apply for an annual brewer tasting permit for a fee of one thousand\ndollars which shall be issued by the authority.\n (c) Tastings at such licensed establishments or annual fairs shall be\nconducted only within the hours fixed by or pursuant to this chapter,\nduring which alcoholic beverages may be lawfully sold or permitted upon\npremises licensed to sell beer or malt beverages for off-premises\nconsumption.\n (d) A licensee or his or her employee may provide small samples of\nbeer or malt beverages he or she produces at their licensed\nestablishment. No permit shall be required for a licensee or his or her\nemployee to provide small samples of beer or malt beverages when served\nat his or her licensed establishment.\n (e) Each serving at tastings shall be served only by the brewer or\nimporter or his or her employee and shall be limited to three ounces or\nless of a brand of beer or malt beverage produced by the brewer or by\nthe importer and no consumer of legal age shall be provided or given\nmore than two servings of such brands offered for tasting.\n (f) All beer or other malt beverages served pursuant to a permit\nissued under this subdivision shall have been purchased by the retail\nlicensee upon whose premises the serving of samples is taking place.\n (g) A brewer or importer to whom a permit is issued pursuant to this\nsubdivision may not be assessed a fee or charge by the retail licensee\nupon whose premises the serving is taking place for the privilege of\nserving such samples.\n (h) The brewer or importer, or his or her employee serving such\nsamples, shall be responsible for ensuring that such samples are only\nserved to individuals legally eligible to consume alcoholic beverages in\nthis state.\n (i) Any liability stemming from a right of action resulting from the\nsampling of beer or other malt beverages as authorized by this\nsubdivision, and in accordance with the provisions of sections 11-100\nand 11-101 of the general obligations law, shall accrue to the brewer or\nimporter.\n (j) The authority is authorized and directed to provide such forms to\na brewer or importer to obtain the necessary temporary brewer tasting\npermit and promulgate such rules and regulations, as it deems necessary\nor appropriate to implement the provisions of this subdivision to\nprotect the health, safety and welfare of the people of this state.\n 9. A brewery shall manufacture at least fifty barrels of beer\nannually.\n