§ 61 — Distiller's licenses

New York § 61

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 5: Special Provisions Relating to Liquor

Text

§ 61. Distiller's licenses. 1. A class A distiller's license shall\nauthorize the holder thereof to operate a distillery for the manufacture\nof liquors by distillation or redistillation at the premises\nspecifically designated in the license. Such a license shall also\nauthorize the sale in bulk by such licensee from the licensed premises\nof the products manufactured under such license to any person holding a\ndistiller's class A license, a distiller's class B license or a\npermittee engaged in the manufacture of products which are unfit for\nbeverage use. It shall also authorize the sale from the licensed\npremises and from one other location in the state of New York of any\nliquor whether or not manufactured by such licensee to a wholesale or\nretail liquor licensee or permittee in sealed containers of not more\nthan one quart each. Such license shall also authorize the sale of New\nYork state labelled liquor to licensed farm wineries, farm cideries,\nfarm distilleries and farm breweries in sealed containers of not more\nthan one quart each. Such license shall also include the privilege to\noperate a rectifying plant under the same terms and conditions as the\nholder of a class B distiller's license without the payment of any\nadditional fee.\n 1-a. A class A-1 distiller's license shall authorize the holder\nthereof to operate a distillery which has a production capacity of no\nmore than seventy-five thousand gallons per year for the manufacture of\nliquors by distillation or redistillation at the premises specifically\ndesignated in the license. Such a license shall also authorize the sale\nin bulk by such licensee from the licensed premises of the products\nmanufactured under such license to any person holding a winery license,\nfarm winery license, distiller's class A license, a distiller's class B\nlicense or a permittee engaged in the manufacture of products which are\nunfit for beverage use. It shall also authorize the sale from the\nlicensed premises and from one other location in the state of New York\nof liquors manufactured by such licensee to a wholesale or retail liquor\nlicensee or permittee in sealed containers of not more than one quart\neach. In addition, it shall authorize such licensee to sell from the\nlicensed premises New York state labelled liquors to licensed farm\nwineries, farm breweries, farm distilleries and farm cideries in sealed\ncontainers of not more than one quart for retail sale for off-premises\nconsumption. Such license shall also include the privilege to operate a\nrectifying plant under the same terms and conditions as the holder of a\nclass B-1 distiller's license without the payment of any additional fee.\n 2. A class B distiller's license shall authorize the holder thereof to\noperate a rectifying plant for the manufacture of the products of\nrectification by purifying or combining alcohol, spirits, wine or beer\nand the manufacture of gin and cordials by the redistillation of alcohol\nor spirits over or with any materials. Such a license shall also\nauthorize the holder thereof to blend, reduce proof and bottle on his\nlicensed premises or in a United States customs bonded warehouse for\nwhich a warehouse permit has been issued under this chapter for\nwholesale liquor licensees or for persons authorized to sell liquor at\nwholesale pursuant to the laws and regulation of any other state,\nterritorial possession of the United States or foreign country liquor\nreceived in bulk by such wholesalers from other states, territorial\npossessions of the United States or a foreign country, and to rebottle\nor recondition for wholesale liquor or wine licensees or for persons\nauthorized to sell liquor or wine at wholesale pursuant to the laws and\nregulations of any other state, territorial possession of the United\nStates or foreign country, liquor or wine manufactured outside the\nstate, which was purchased and received by such wholesalers in sealed\ncontainers not exceeding one quart each of liquor or fifteen gallons\neach of wine. Such a license shall also authorize the sale from the\nlicensed premises of the products manufactured by such licensee to a\nwholesale or retail licensee in sealed containers of not more than one\nquart each.\n 2-a. A class C distiller's license shall authorize the holder thereof\nto operate a distillery for the manufacture only of fruit brandy and the\nsale of such product by such licensee to a wholesale or retail licensee\nin sealed containers of not more than one quart each. Such a license\nshall also authorize the sale in bulk of fruit brandy to a winery\nlicensee, to a farm winery licensee, to the holder of a class B\ndistiller's license or to a permittee engaged in the manufacture of\nproducts which are unfit for beverage use. It shall also authorize the\nsale from the licensed premises and from one other location in the state\nof any fruit brandy whether or not manufactured by such licensee to a\nwholesale or retail liquor licensee or permittee in sealed containers of\nnot more than one quart each. In addition, it shall authorize such\nlicensee to sell from the licensed premises New York state labelled\nliquors to a farm winery licensee in sealed containers of not more than\none quart for retail sale for off-premises consumption.\n 2-b. A class B-1 distiller's license shall authorize the holder\nthereof to operate a rectifying plant which has a production capacity of\nno more than seventy-five thousand gallons per year for the manufacture\nof the products of rectification by purifying or combining alcohol,\nspirits, wine, or beer and the manufacture of cordials by the\nredistillation of alcohol or spirits over or with any materials. Such a\nlicense shall also authorize the holder thereof to blend, reduce proof\nand bottle on his licensed premises or in a United States customs bonded\nwarehouse for which a warehouse permit has been issued under this\nchapter for wholesale liquor licensees or for persons authorized to sell\nliquor at wholesale pursuant to the laws and regulation of any other\nstate, territorial possession of the United States or foreign country\nliquor received in bulk by such wholesalers from other states,\nterritorial possessions of the United States or a foreign country, and\nto rebottle or recondition for wholesale liquor or wine licensees or for\npersons authorized to sell liquor or wine at wholesale pursuant to the\nlaws and regulations of any other state, territorial possession of the\nUnited States or foreign country, liquor or wine manufactured outside\nthe state, which was purchased and received by such wholesalers in\nsealed containers not exceeding one quart each of liquor or fifteen\ngallons each of wine. Such a license shall also authorize the sale from\nthe licensed premises of the products manufactured by such licensee to a\nwholesale or retail licensee in sealed containers of not more than one\nquart each. In addition, it shall authorize such licensee to sell from\nthe licensed premises New York state labelled liquors to a farm winery\nlicensee in sealed containers of not more than one quart for retail sale\nfor off-premises consumption.\n 2-c. (a) A class D distiller's license, otherwise known as a farm\ndistillery license, shall authorize the holder of such a license to\noperate a farm distillery at the premises specifically designated in the\nlicense:\n (i) To manufacture liquor primarily from farm and food products, as\ndefined in subdivision two of section two hundred eighty-two of the\nagriculture and markets law;\n (ii) To put such liquor into containers of not more than one quart\neach, which containers shall then be sealed and to sell such liquor at\nwholesale, for resale, and to licensed farm wineries, farm cideries,\nfarm breweries and other farm distilleries, wholesale and retail\nlicensees, and permittees;\n (iii) To sell at retail, for personal use, in such sealed containers;\n (iv) To sell in bulk, liquor manufactured by the licensee to a winery\nor farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C\ndistiller's license, or to the holder of a permit issued pursuant to\nparagraph c of subdivision one of section ninety-nine-b of this chapter;\n (v) To conduct tastings of and sell at retail for consumption on or\noff the premises New York state labelled beer manufactured by a licensed\nbrewer or licensed farm brewery;\n (vi) To conduct tastings of and sell at retail for consumption on or\noff the premises New York state labelled cider manufactured by a\nlicensed brewer, licensed farm brewery, licensed farm winery, licensed\ncider producer or licensed farm cidery;\n (vii) To conduct tastings of and sell at retail for consumption on or\noff the premises New York state labelled wine manufactured by a licensed\nwinery or licensed farm winery;\n (viii) To conduct tastings of and sell at retail for consumption on or\noff the premises New York state labelled mead manufactured by a person\nlicensed to produce mead under this chapter; and\n (ix) To conduct tastings of and sell at retail for consumption on or\noff the premises New York state labelled braggot manufactured by a\nperson licensed to produce braggot under this chapter.\n (b)(i) Retail sales by a licensed farm distillery may be made only to\ncustomers who are physically present upon the licensed premises and such\nsale shall be concluded by the customer's taking, with him or her, of\nthe sealed containers purchased by the customer at the time the customer\nleaves the licensed premises except as provided for in subparagraph (iv)\nof this paragraph;\n (ii) Such retail sales shall not be made where the order is placed by\nletter, telephone, fax or e-mail, or where the customer otherwise does\nnot place the order while the customer is physically present upon the\npremises of the licensed premises except as provided for in subparagraph\n(iv) of this paragraph;\n (iii) Such retail sales shall not be made where the contemplated sale\nrequires the licensee to transport or ship by common carrier, sealed\ncontainers of liquor to a customer;\n (iv) A licensed farm distillery may apply to the liquor authority for\na permit to sell liquor in a sealed container for off-premises\nconsumption at the state fair, at recognized county fairs and at\nfarmers' markets operated on a not-for-profit basis. As a condition of\nthe permit a representative from the distillery must be present at the\ntime of sale.\n (c) A licensed farm distillery may conduct upon the licensed premises,\nor at approved locations as permitted in subdivision six of this\nsection, consumer tastings of liquor manufactured by the licensee and\nfrom no more than three other class A, A-1, B, B-1, C or D distilleries,\nsubject to the following limitations:\n (i) Only liquor manufactured primarily from farm and food products, as\ndefined in subdivision two of section two hundred eighty-two of the\nagriculture and markets law, shall be used in the tastings;\n (ii) An official agent, servant or employee of the licensee shall be\nphysically present at all times during the conduct of the consumer\ntasting of liquor;\n (iii) No consumer may be provided, directly or indirectly: (A) more\nthan three samples of liquor for tasting in one calendar day; or (B)\nwith a sample of liquor for tasting equal to more than one-quarter fluid\nounce;\n (iv) Any liability stemming from a right of action resulting from a\nconsumer tasting of liquor authorized by this paragraph and in\naccordance with the provisions of sections 11-100 and 11-101 of the\ngeneral obligations law, shall accrue to the licensee.\n (d) Notwithstanding any other provision of this chapter, the authority\nmay issue a farm distillery license to the holder of a class A, A-1, B,\nB-1 or C distiller's license, a winery license or a farm winery license\nfor use at such licensee's existing licensed premises. For the purposes\nof this chapter, the premises of the class A, A-1, B, B-1 or C\ndistillery, winery or farm winery shall be considered the premises of\nthe farm distillery. The holder of a farm distillery license that\nsimultaneously holds a winery, farm winery or any class of a distiller's\nlicense on the same premises may share and use the same tasting room\nfacilities to conduct wine and liquor tastings that such licensee is\notherwise authorized to conduct.\n (e) Notwithstanding any other provision of law to the contrary, the\nholder of a farm distillery license may (i) sell at retail for\nconsumption on the licensed premises, any liquor manufactured by the\nlicensee or any New York state labeled liquor. Provided, however, the\nlicensee shall regularly keep food available for sale or service to its\nretail customers for consumption on the premises. A licensee providing\nthe following shall be deemed in compliance with this provision:\nsandwiches, soups or other such foods, whether fresh, processed,\npre-cooked or frozen; and/or food items intended to compliment the\ntasting of alcoholic beverages, which shall mean a diversified selection\nof food that is ordinarily consumed without the use of tableware and can\nbe conveniently consumed while standing or walking, including but not\nlimited to: cheese, fruits, vegetables, chocolates, breads, mustards and\ncrackers. All of the provisions of this chapter relative to licenses to\nsell liquor at retail for consumption on the premises shall apply so far\nas applicable to such licensee; and\n (ii) operate a restaurant, hotel, catering establishment, or other\nfood and drinking establishment in or adjacent to the licensed premises\nand sell at such place, at retail for consumption on the premises,\nliquor manufactured by the licensee and any New York state labeled\nliquor. All of the provisions of this chapter relative to licenses to\nsell liquor at retail for consumption on the premises shall apply so far\nas applicable to such licensee. Notwithstanding any other provision of\nlaw, the licensee may apply to the authority for a license under this\nchapter to sell other alcoholic beverages at retail for consumption on\nthe premises at such establishment.\n (f) No holder of a farm distillery license shall manufacture in excess\nof seventy-five thousand gallons of liquor annually. In the case of the\nholder of a class A, A-1, B, B-1 or C distiller's license who operates a\nfarm distillery on the same premises, the liquor manufactured pursuant\nto the farm distillery license shall not be considered with respect to\nany limitation on the volume that may be manufactured by the class A,\nA-1, B, B-1 or C distillery.\n (g) The holder of a license issued under this subdivision may operate\nup to one branch office located away from the licensed farm distillery.\nSuch location shall be considered part of the licensed premises and all\nactivities allowed at and limited to the farm distillery may be\nconducted at the branch office. Such branch office shall not be located\nwithin, share a common entrance and exit with, or have any interior\naccess to any other business, including premises licensed to sell\nalcoholic beverages at retail. Prior to commencing operation of any such\nbranch office, the licensee shall notify the authority of the location\nof such branch office and the authority may issue a permit for the\noperation of same.\n (h) A farm distillery license shall authorize the holder thereof to\nmanufacture, bottle and sell food condiments and products such as nuts,\npopcorn, mulling spices and other spirits related food in addition to\nother such food and crafts on and from the licensed premises. Such\nlicense shall authorize the holder thereof to store and sell gift items\nin a tax-paid room upon the licensed premises incidental to the sale of\nliquor. These gift items shall be limited to the following categories:\n (i) non-alcoholic beverages for consumption on or off premises,\nincluding but not limited to bottled water, juice and soda beverages;\n (ii) food items for the purpose of complementing liquor tastings,\nwhich shall mean a diversified selection of food that is ordinarily\nconsumed without the use of tableware and can be conveniently consumed\nwhile standing or walking. Such food items shall include but not be\nlimited to: cheeses, fruits, vegetables, chocolates, breads, mustards\nand crackers;\n (iii) food items, which shall include locally produced farm products\nand any food or food product not specifically prepared for immediate\nconsumption upon the premises. Such food items may be combined into a\npackage containing liquor related products;\n (iv) liquor supplies and accessories, which shall include any item\nutilized for the storage, serving or consumption of liquor or for\ndecorative purposes. These supplies may be sold as single items or may\nbe combined into a package containing liquor;\n (v) liquor-making equipment and supplies including, but not limited\nto, filters, bottling equipment, and books or other written material to\nassist spirits makers to produce and bottle liquor; and\n (vi) souvenir items, which shall include, but not be limited to\nartwork, crafts, clothing, agricultural products and any other articles\nwhich can be construed to propagate tourism within the region.\n (i) Notwithstanding any provision of law to the contrary, another\nbusiness or other businesses may operate on the licensed premises\nsubject to such rules and regulations as the liquor authority may\nprescribe. Such rules and regulations shall determine which businesses\nwill be compatible with the policy and purposes of this chapter and\nshall consider the effect of particular businesses on the community and\narea in the vicinity of the farm distillery premises, provided however\nthat a retailer business licensed under this chapter shall not be\npermitted to operate at a licensed manufacturing premises.\n 3. A distiller's license of any class shall not authorize more than\none of said activities, namely, that of a distillery, a rectifying plant\nor a fruit brandy distillery, and a separate license shall be required\nfor each such activity, except as provided in subdivision one of this\nsection.\n 4. Any person may apply to the liquor authority for a distiller's\nlicense as provided for in this section. Such application shall be in\nwriting and verified and shall contain such information as the liquor\nauthority shall require. Such application shall be accompanied by a\ncheck or draft for the amount required by this article for such license.\nIf the liquor authority shall grant the application it shall issue a\nlicense in such form as shall be determined by its rules.\n 5. No distiller shall be engaged in any other business on the licensed\npremises. No distiller shall sell or agree to sell any liquor, alcohol\nor spirits to any wholesaler or any retailer who is not duly licensed\nunder this article to sell liquor, alcohol or spirits at wholesale or\nretail at the time of such agreement and sale or sell or agree to sell\nany liquor, alcohol or spirits to persons outside the state except\npursuant to the laws of the place of such sale or delivery.\n 6. Any person having applied for and received a license as a farm\ndistillery under this section may conduct consumer tastings of liquor\npursuant to rules or regulations promulgated by the liquor authority,\nand subject to the limitations set forth in paragraph c of subdivision\ntwo-c of this section at the state fair, at recognized county fairs and\nat farmers' markets operated on a not-for-profit basis.\n 7. Any person licensed under this section shall manufacture at least\nfifty gallons of liquor per year.\n 8. Notwithstanding any other provision of law to the contrary, a farm\ndistillery licensed under subdivision two-c of this section may engage\nin custom liquor production for a non-licensed individual under the\nfollowing conditions:\n (a) the licensee may allow such non-licensed individual to assist in\nthe production of such custom liquors;\n (b) the licensee shall only sell such custom liquor to such\nnon-licensed individual for that individual's personal or family use,\nand not for resale;\n (c) the brand label of such custom liquor shall clearly state that the\nproduct is not for resale;\n (d) such custom liquor shall not be offered for sale pursuant to\nsection ninety-nine-g of this chapter;\n (e) any tastings conducted pursuant to this subdivision shall be\nsubject to the provisions of paragraph (c) of subdivision two-c of this\nsection;\n (f) the licensee or an employee or agent of the licensee shall be\npresent at all times when the non-licensed individual is assisting in\nthe production of the custom liquor;\n (g) the licensee shall be responsible for obtaining approval of the\nliquor's brand label pursuant to section one hundred seven-a of this\nchapter and the payment of all taxes due before the custom liquor is\ndelivered to the non-licensed individual;\n (h) any custom liquor produced under this subdivision must be a New\nYork labelled liquor as defined in subdivision twenty-c of section three\nof this chapter; and\n (i) any custom liquor produced under this subdivision shall be counted\ntoward the maximum production limit set forth in paragraph (f) of\nsubdivision two-c of this section.\n 9. (a) The holder of a license issued under subdivision one, one-a,\ntwo, two-a or two-b of this section may, at the licensed premises,\nconduct tastings of, and sell at retail for consumption on or off the\nlicensed premises, any liquor manufactured by the licensee or any New\nYork state labeled liquor. Provided, however, that for tastings and\nsales for on-premises consumption, the licensee shall regularly keep\nfood available for sale or service to its retail customers for\nconsumption on the premises. A licensee providing the following shall be\ndeemed in compliance with this subdivision: (i) sandwiches, soups or\nother such foods, whether fresh, processed, pre-cooked or frozen; and/or\n(ii) food items intended to complement the tasting of alcoholic\nbeverages, which shall mean a diversified selection of food that is\nordinarily consumed without the use of tableware and can be conveniently\nconsumed while standing or walking, including but not limited to:\ncheeses, fruits, vegetables, chocolates, breads, mustards and crackers.\nAll of the provisions of this chapter relative to licenses to sell\nliquor at retail for consumption on and off the premises shall apply so\nfar as applicable to such licensee.\n (b)(i) Sales for off-premises consumption may be made only to\ncustomers who are physically present upon the licensed premises and such\nsale shall be concluded by the customer's taking, with him or her, of\nthe sealed containers purchased by the customer at the time the customer\nleaves the licensed premises.\n (ii) Sales for off-premises consumption shall not be made where the\norder is placed by letter, telephone, fax or e-mail, or where the\ncustomer otherwise does not place the order while the customer is\nphysically present upon the premises of the licensed premises.\n (iii) Sales for off-premises consumption shall not be made where the\ncontemplated sale requires the licensee to transport or ship by common\ncarrier, sealed containers of liquor to a customer.\n