§ 51-A — Farm brewery license

§ 51-a. Farm brewery license. 1. Any person may apply to the authority\nfor a farm brewery license as provided for in this section to brew beer\nwithin this state for sale. Such application shall be in writing and\nverified and shall contain such information as the authority shall\nrequire. Such application shall be accompanied by a check or draft for\nthe amount required by this article for such license. 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 brew beer in the premises\ntherein specifically licensed.\n 2. A farm brewery license shall authorize the holder thereof to\noperate a brewery for the manufacture of New York state labelled beer.\nSuch a license shall also authorize the licensee to:\n (a) manufacture New York state labelled cider and New York state\nlabeled braggot;\n (b) sell in bulk beer, cider, and braggot manufactured by the licensee\nto any person licensed to manufacture alcoholic beverages in this state\nor to a permittee engaged in the manufacture of products which are unfit\nfor beverage use;\n (c) sell or deliver beer, cider, and braggot manufactured by the\nlicensee to persons outside the state pursuant to the laws of the place\nof such delivery;\n (d) sell beer, cider, and braggot manufactured by the licensee to\nwholesalers and retailers licensed in this state to sell such beer,\ncider, and braggot, licensed farm distillers, licensed farm wineries,\nlicensed farm cideries, licensed farm meaderies and any other licensed\nfarm brewery. All such beer, cider, and braggot sold by the licensee\nshall be securely sealed and have attached thereto a label as shall be\nrequired by section one hundred seven-a of this chapter;\n (e) sell at the licensed premises beer, cider, and braggot\nmanufactured by the licensee or any other licensed farm brewery, and\nwine and spirits manufactured by any licensed farm winery or farm\ndistillery, at retail for consumption on or off the licensed premises;\n (f) conduct tastings at the licensed premises of beer, cider, and\nbraggot manufactured by the licensee or any other licensed farm brewery;\n (g) operate a restaurant, hotel, catering establishment, or other food\nand drinking establishment in or adjacent to the licensed premises and\nsell at such place, at retail for consumption on the premises, beer,\ncider, and braggot manufactured by the licensee and any New York state\nlabeled beer, New York state labeled braggot or New York state labeled\ncider. All of the provisions of this chapter relative to licenses to\nsell beer, cider, and braggot at retail for consumption on and off the\npremises shall apply so far as applicable to such licensee.\nNotwithstanding any other provision of law, the licensed farm brewery\nmay apply to the authority for a license under this chapter to sell\nother alcoholic beverages at retail for consumption on the premises at\nsuch establishment;\n (h) sell beer, cider, and braggot manufactured by the licensee or any\nother licensed farm brewery at retail for consumption off the premises,\nat the state fair, at recognized county fairs and at farmers markets\noperated on a not-for-profit basis;\n (i) conduct tastings of and sell at retail for consumption off the\npremises New York state labelled wine and mead manufactured by a person\nlicensed to produce wine or mead under this chapter;\n (j) conduct tastings of and sell at retail for consumption off the\npremises New York state labelled cider manufactured by a licensed cider\nproducer or licensed farm cidery;\n (k) conduct tastings of and sell at retail for consumption off the\npremises 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 (l) conduct tastings of and sell at retail for consumption off the\npremises New York state labelled braggot manufactured by a person\nlicensed to produce braggot under this chapter; and\n (m) 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 brewery licensee.\n 3. (a) A farm brewery licensee may apply for a permit to conduct\ntastings away from the licensed premises of beer, cider, and braggot\nproduced by the licensee. Such permit shall be valid throughout the\nstate 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.\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 breweries. 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 beer, cider, or braggot as authorized herein and in\naccordance with the provisions of sections 11-100 and 11-101 of the\ngeneral obligations law, shall accrue to the farm brewery.\n 4. A licensed farm brewery holding a tasting permit issued pursuant to\nsubdivision three of this section may apply to the authority for a\npermit to sell beer, cider, and braggot produced by such farm brewery,\nby the bottle, during such tastings in premises licensed under sections\nsixty-four, sixty-four-a, eighty-one and eighty-one-a of this chapter.\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.\n 5. A licensed farm brewery may, under such rules as may be adopted by\nthe authority, sell beer or cider manufactured by the licensee or any\nother licensed farm brewery 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 brewery may apply to the authority for a license to\nsell liquor and/or wine at retail for consumption on the premises in a\nrestaurant owned by him and conducted and operated by the licensee in or\nadjacent to its farm brewery. All of the provisions of this chapter\nrelative to licenses to sell liquor or wine at retail or consumption on\nthe premises shall apply so far as applicable.\n 7. A farm brewery license shall authorize the holder thereof to\nmanufacture, bottle and sell food condiments and products such as\nmustards, sauces, hop seasonings, beer nuts, and other hops and beer\nrelated foods in addition to beer and hop soaps, hop pillows, hop\nwreaths and 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 beer. These gift items shall be limited to the following\ncategories:\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 beer and cider\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,\nmustards 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 cider, beer and/or hop related products;\n (d) beer supplies and accessories, which shall include any item\nutilized for the storage, serving or consumption of beer or for\ndecorative purposes. These supplies may be sold as single items or may\nbe combined into a package containing beer;\n (e) beer-making equipment and supplies including, but not limited to,\nhome beer-making or homebrewing kits, filters, bottling equipment, hops,\nbarley, yeasts, chemicals and other beer additives, and books or other\nwritten material to assist beer-makers and home beer-makers or\nhomebrewers to produce and bottle beer;\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 brewery 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 brewery. Such\nlocations shall be considered part of the licensed premises and all\nactivities allowed at and limited to the farm brewery 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 brewery shall manufacture in excess of seventy-five\nthousand finished barrels of beer, cider, and braggot annually.\n (b) A farm brewery shall manufacture at least fifty barrels of beer,\ncider, and braggot annually.\n 11. (a) Except as provided in paragraph (b) of this subdivision, no\nlicensed farm brewery shall manufacture or sell any beer other than New\nYork state labelled beer.\n (b) In the event that the commissioner of agriculture and markets,\nafter investigating and compiling information pursuant to subdivision\nforty-two of section sixteen of the agriculture and markets law,\ndetermines that a natural disaster, act of God, or continued adverse\nweather condition has destroyed much of the necessary ingredients for\nbrewing beer, such commissioner, in consultation with the chairman of\nthe authority, may give authorization to a duly licensed farm brewery to\nmanufacture or sell beer produced from ingredients grown or produced\noutside this state. No such authorization shall be granted to a farm\nbrewery licensee unless such licensee certifies to such commissioner the\nquantity of New York grown ingredients unavailable to such licensee due\nto such natural disaster, act of God or continuing adverse weather\ncondition and satisfies such commissioner that reasonable efforts were\nmade to obtain brewing ingredients from a New York state source for such\nbeer making purpose. No farm brewery shall utilize an amount of\nout-of-state grown or produced ingredients exceeding the amount of New\nYork grown ingredients that such brewery is unable to obtain due to the\ndestruction of New York grown or produced ingredients by a natural\ndisaster, act of God or continuing adverse weather condition as\ndetermined by the commissioner of agriculture and markets pursuant to\nthis subdivision. For purposes of this subdivision, the department of\nagriculture and markets and the authority are authorized to adopt rules\nand regulations as they may deem necessary to carry out the provisions\nof this subdivision which shall include ensuring that in manufacturing\nbeer farm breweries utilize ingredients grown or produced in New York\nstate to the extent they are reasonably available, prior to utilizing\ningredients from an out-of-state source for such purpose.\n (c) The commissioner of agriculture and markets shall make available\nto farm breweries and to the public each specific ingredient loss\ndetermination issued pursuant to paragraph (b) of this subdivision on or\nbefore August twentieth of each year.\n (d) In the event that the continuing effects of a natural disaster,\nact of God, or adverse weather condition which occurred prior to August\ntwentieth of each year or the effects of a natural disaster, act of God,\nor adverse weather condition which occurs subsequent to August twentieth\neach year results in any ingredient loss which meets the standards\nprovided in paragraph (b) of this subdivision, the commissioner of\nagriculture and markets, in consultation with the chairman of the\nauthority, may issue additional ingredient loss determinations and shall\nexpeditiously make available to farm breweries and to the public each\nspecific ingredient loss determination issued pursuant to this paragraph\nprior to October tenth of each year.\n 12. (a) Except as provided in paragraph (b) of this subdivision, no\nlicensed farm brewery shall manufacture or sell any cider other than New\nYork state labelled cider.\n (b) In the event that the commissioner of agriculture and markets,\nafter investigating and compiling information pursuant to subdivision\nforty-two of section sixteen of the agriculture and markets law,\ndetermines that a natural disaster, act of God, or continued adverse\nweather condition has destroyed at least thirty percent of the apple\ncrop necessary for producing cider, such commissioner, in consultation\nwith the chairman of the authority, may give authorization to a duly\nlicensed farm brewery to manufacture or sell cider produced from such\napples designated as necessary for producing cider and grown outside\nthis state. No such authorization shall be granted to a farm brewery\nlicensee unless such licensee certifies to such commissioner the\nquantity of such New York grown apples designated as necessary for\nproducing cider unavailable to such licensee due to such natural\ndisaster, act of God, or continuing adverse weather condition and\nsatisfies such commissioner that reasonable efforts were made to obtain\nsuch apples from a New York state source for such cider making purpose.\nNo farm brewery shall utilize an amount of out-of-state grown apples\nexceeding the amount of such designated New York grown apples that such\nbrewery is unable to obtain due to the destruction of New York grown\napples by a natural disaster, act of God, or continuing adverse weather\ncondition as determined by the commissioner of agriculture and markets\npursuant to this subdivision. For purposes of this subdivision, the\ndepartment of agriculture and markets and the authority are authorized\nto adopt rules and regulations as they may deem necessary to carry out\nthe provisions of this subdivision which shall include ensuring that in\nmanufacturing cider farm breweries utilize apples grown in New York\nstate to the extent they are reasonably available, prior to utilizing\napples from an out-of-state source for such purpose.\n (c) The commissioner of agriculture and markets shall make available\nto farm breweries and to the public each specific apple loss\ndetermination issued pursuant to paragraph (b) of this subdivision on or\nafter August twentieth of each year.\n (d) In the event that the continuing effects of a natural disaster,\nact of God, or adverse weather condition which occurred prior to August\ntwentieth of each year or the effects of a natural disaster, act of God,\nor adverse weather condition which occurs subsequent to August twentieth\nof each year results in any apple crop loss which meets the standards\nprovided in paragraph (b) of this subdivision, the commissioner of\nagriculture and markets, in consultation with the chairman of the\nauthority, may issue additional apple crop loss determinations and shall\nexpeditiously make available to farm breweries and to the public the\nloss determination issued pursuant to this paragraph prior to October\ntenth of each year.\n 13. 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, malt, malt syrup, and other\nby-products;\n (b) dry spent grain from the brewery;\n (c) recover carbon dioxide and yeast;\n (d) store bottles, packages and supplies necessary or incidental to\nall such operations;\n (e) package, bottle, sell and deliver wine products;\n (f) allow for the premises including space and equipment to be rented\nby a licensed tenant brewer for the purposes of alternation.\n 14. Notwithstanding any other provision of this chapter, the authority\nmay issue a farm brewery license to the holder of a farm winery or farm\ndistiller's license for use at such licensee's existing licensed\npremises. The holder of a farm winery or farm distiller's license that\nsimultaneously holds a farm brewery 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 15. 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 beer and cider production and of tourism in New\nYork, thereby promoting the conservation, production and enhancement of\nNew York state agricultural lands.\n 16. 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 brewery premises, provided however that\na retailer business licensed under this chapter shall not be permitted\nto operate at a licensed manufacturing premises.\n