§ 31 — Farm meadery license

New York § 31

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

Text

§ 31. Farm meadery license. 1. Any person may apply to the authority\nfor a farm meadery license as provided for in this section to produce\nmead and braggot within this state for sale. Such application shall be\nin writing and verified and shall contain such information as the\nauthority shall require. Such application shall be accompanied by a\ncheck or draft in the amount of seventy-five dollars. If the authority\ngrants the application, it shall issue a license in such form as shall\nbe determined by its rules. Such license shall contain a description of\nthe licensed premises and in form and in substance shall be a license to\nthe person therein specifically designated to produce mead and braggot\nin the premises therein specifically licensed.\n 2. A farm meadery license shall authorize the holder thereof to\noperate a meadery for the manufacture of New York state labelled mead\nand New York state labelled braggot. Such a license shall also authorize\nthe licensee to:\n (a) sell in bulk mead and braggot manufactured by the licensee to any\nperson licensed to manufacture alcoholic beverages in this state or to a\npermittee engaged in the manufacture of products which are unfit for\nbeverage use;\n (b) sell or deliver mead and braggot manufactured by the licensee to\npersons outside the state pursuant to the laws of the place of such\ndelivery;\n (c) sell mead and braggot manufactured by the licensee to wholesalers\nand retailers licensed in this state to sell such mead and braggot\npursuant to section thirty-three of this article, licensed farm\ndistillers, licensed farm wineries, licensed wineries, licensed farm\nbreweries and any other licensed farm meadery. 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 (d) (i) at the licensed premises, conduct tastings of, and sell at\nretail for consumption on or off the licensed premises, any mead and\nbraggot manufactured by the licensee or any New York state labelled mead\nor New York state labelled braggot. Provided, however, 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 provision: (A) sandwiches, soups or other\nsuch foods, whether fresh, processed, pre-cooked or frozen; and/or (B)\nfood items intended to complement the tasting of alcoholic beverages,\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, including but not limited to: cheeses,\nfruits, vegetables, chocolates, breads, mustards and crackers. All of\nthe provisions of this chapter relative to licensees selling mead and\nbraggot at retail shall apply; 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, mead\nand braggot manufactured by the licensee and any New York state labelled\nmead or New York state labeled braggot. All of the provisions of this\nchapter relative to licensees to selling mead and braggot at retail\nshall apply. Notwithstanding any other provision of law, the licensed\nfarm meadery may apply to the authority for a license under this chapter\nto sell other alcoholic beverages at retail for consumption on the\npremises at such establishment;\n (e) sell mead and braggot manufactured by the licensee or any other\nlicensed farm meadery 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 (f) conduct tastings of and sell at retail for consumption on or off\nthe premises New York state labeled beer manufactured by a licensed\nbrewery or licensed farm brewery;\n (g) conduct tastings of and sell at retail for consumption on or off\nthe premises New York state labelled wine manufactured by a licensed\nwinery or licensed farm winery;\n (h) conduct tastings of and sell at retail for consumption on or off\nthe premises New York state labelled liquor manufactured by a licensed\ndistiller or licensed farm distiller; provided, however, that no\nconsumer may be provided, directly or indirectly: (i) with more than\nthree samples of liquor for tasting in one calendar day; or (ii) with a\nsample of liquor for tasting equal to more than one-quarter fluid ounce;\nand\n (i) engage in any other business on the licensed premises subject to\nsuch rules and regulations as the authority may prescribe. Such rules\nand regulations shall determine which businesses will be compatible with\nthe policy and purposes of this chapter and shall consider the effect of\nparticular businesses on the community and area in the vicinity of the\nfarm meadery licensee.\n 3. (a) A farm meadery licensee may apply for a permit to conduct\ntastings away from the licensed premises of mead and braggot produced by\nthe licensee. Such permit shall be valid throughout the state and may be\nissued on an annual basis or for individual events. Each such permit and\nthe exercise of the privilege granted thereby shall be subject to such\nrules and conditions of the authority as it deems necessary.\n (b) Tastings shall be conducted subject to the following limitations:\n (i) tastings shall be conducted by an official agent, representative\nor solicitor of one or more farm meaderies. Such agent, representative\nor solicitor shall be physically present at all times during the conduct\nof the tastings; 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 farm meadery.\n 4. A licensed farm meadery holding a tasting permit issued pursuant to\nsubdivision three of this section may apply to the authority for a\npermit to sell mead produced by such farm meadery, by the bottle, during\nsuch tastings in premises licensed under section sixty-four or\nsixty-four-a of this chapter; or apply to the authority for a permit to\nsell such mead and/or braggot at a premises licensed under section\neighty-one or eighty-one-a of this chapter. Each such permit and the\nexercise of the privilege granted thereby shall be subject to such rules\nand conditions of the authority as it deems necessary.\n 5. A licensed farm meadery may, under such rules as may be adopted by\nthe authority, sell mead and braggot manufactured by the licensee or any\nother licensed farm meadery 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 6. A licensed farm meadery may apply to the authority for a license to\nsell beer, liquor and/or wine at retail for consumption on the premises\nin a restaurant owned, conducted, and operated by the licensee in or\nadjacent to its farm meadery. All of the provisions of this chapter\nrelative to licenses to sell beer, liquor or wine at retail or\nconsumption on the premises shall apply so far as applicable.\n 7. A farm meadery license shall authorize the holder thereof to\nmanufacture, bottle and sell food condiments and products such as honey,\nmustards, sauces, jams, jellies, mulling spices and other mead related\nfoods in addition to other such food and crafts on and from the licensed\npremises. Such license shall authorize the holder thereof to store and\nsell gift items in a tax-paid room upon the licensed premises incidental\nto the sale of mead and braggot. These gift items shall be limited to\nthe following categories:\n (a) non-alcoholic beverages for consumption on or off premises,\nincluding but not limited to bottled water, juice and soda beverages;\n (b) food items for the purpose of complementing mead and braggot\ntastings, 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. Such food items shall include but\nnot be limited to: cheeses, fruits, vegetables, chocolates, breads,\nbaked goods, mustards and crackers;\n (c) food items, which shall include locally produced farm products and\nany food or food product not specifically prepared for immediate\nconsumption upon the premises. Such food items may be combined into a\npackage containing mead and/or braggot related products;\n (d) mead and braggot supplies and accessories, which shall include any\nitem utilized for the storage, serving or consumption of mead or braggot\nor for decorative purposes. These supplies may be sold as single items\nor may be combined into a package containing mead and/or braggot;\n (e) mead-making and braggot-making equipment and supplies including,\nbut not limited to, honey, home mead-making kits, braggot-making kits,\npumps, filters, yeasts, chemicals and other mead and braggot additives,\nbottling equipment, bottles, mead and braggot storage and fermenting\nvessels, barrels, and books or other written material to assist\nmead-makers and braggot-makers and home mead-makers and braggot-makers\nto produce and bottle mead and braggot;\n (f) 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 8. Notwithstanding any provision of this chapter to the contrary, any\nfarm meadery licensee may charge for tours of its premises.\n 9. The holder of a license issued under this section may operate up to\nfive branch offices located away from the licensed farm meadery. Such\nlocations shall be considered part of the licensed premises and all\nactivities allowed at and limited to the farm meadery may be conducted\nat the branch offices. Such branch offices shall not be located within,\nshare a common entrance and exit with, or have any interior access to\nany other business, including premises licensed to sell alcoholic\nbeverages at retail. Prior to commencing operation of any such branch\noffice, the licensee shall notify the authority of the location of such\nbranch office and the authority may issue a permit for the operation of\nsame.\n 10. (a) No farm meadery shall manufacture in excess of two hundred\nfifty thousand gallons of mead and/or braggot annually.\n (b) A licensed farm meadery shall produce at least fifty gallons of\nmead and/or braggot annually.\n 11. 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 out by any person licensed\nunder this section, such person may, on the premises designated in such\nlicense:\n (a) produce, package, bottle, sell and deliver soft drinks and other\nnon-alcoholic beverages, vitamins, and other by-products;\n (b) recover carbon dioxide and yeast;\n (c) store bottles, packages and supplies necessary or incidental to\nall such operations;\n (d) package, bottle, sell and deliver wine products;\n (e) allow for the premises including space and equipment to be rented\nby a licensed tenant mead producer for the purposes of alternation.\n 12. Notwithstanding any other provision of this chapter, the authority\nmay issue a farm meadery license to the holder of a farm meadery, farm\nbrewery, farm winery or farm distiller's license for use at such\nlicensee's existing licensed premises. The holder of a farm meadery,\nfarm brewery, farm winery or farm distiller's license that\nsimultaneously holds a farm meadery license on an adjacent premises may\nshare and use the same tasting room facilities to conduct any tastings\nthat such licensee is otherwise authorized to conduct.\n 13. The authority is hereby authorized to promulgate rules and\nregulations to effectuate the purposes of this section. In prescribing\nsuch rules and regulations, the authority shall promote the expansion\nand profitability of mead and braggot production and of tourism in New\nYork, thereby promoting the conservation, production and enhancement of\nNew York state agricultural lands.\n 14. 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 meadery premises, provided however that\na retailer business licensed under this chapter shall not be permitted\nto operate at a licensed manufacturing premises.\n