§ 52 — Custom beermakers' center

New York § 52

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

Text

§ 52. Custom beermakers' center. 1. Any person may apply to the\nauthority on or before December thirty-first, two thousand nineteen for\na custom beermakers' center license as provided for in this section to\noperate a custom beermakers' center facility and provide individuals\nwith rental space, the use of equipment and storage facilities, and/or\nbeer making supplies for the production of beer by such individuals for\npersonal household use and not for resale in accordance with state and\nfederal laws, rules, and regulations authorizing such production. Such\napplication shall be in writing and verified and shall contain such\ninformation as the authority shall require, provided, however, the\nholder of a license under this section may renew such license on or\nafter December thirty-first, two thousand nineteen. Such application\nshall be accompanied by a check or draft for the amount required by this\narticle for such license. If the authority grants the application, it\nshall issue a license in such form as shall be determined by its rules.\nSuch license shall contain a description of the licensed premises and in\nform and in substance shall be a license to the person therein\nspecifically designated to operate such center to manufacture beer for\npersonal household use in the premises therein specifically licensed.\n 2. For the purposes of this section, "beer making supplies" shall mean\nhops, grains, malted grains, wort, sugars, yeasts, water, fruits, fruit\njuices, and other agricultural products including, but not limited to,\nhoney and flowers, that are grown or produced in the state of New York,\nin quantity amounts as determined by the authority and shall be governed\nby paragraph (b) of subdivision eleven of section fifty-one-a of this\narticle.\n 3. A custom beermakers' center license shall authorize the holder\nthereof to operate a facility for individuals to rent space, equipment,\nand storage facilities and, if necessary, to purchase beer making\nsupplies to manufacture beer for personal household use provided that\nthe manufacture and production of beer for personal household\nconsumption and use is done in accordance with state and federal laws\nand regulations. Such a license shall also authorize the licensee,\nprovided such activities are permitted by the federal Alcohol and\nTobacco Tax and Trade Bureau for the manufacture of tax exempt beer for\npersonal household use, to:\n (a) conduct training classes on how to manufacture beer; and\n (b) conduct beer tastings for those individuals taking such classes\nand/or using such facility for brewing purposes at the licensed facility\nprovided that the tastings shall be subject to the following\nlimitations:\n (i) tastings shall be conducted by the licensee or by an official\nagent of the licensee. Such licensee or agent 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\ntasting of beer 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 custom beermakers' center.\n 4. The custom beermakers' center licensee shall be subject to the\nsupervision of the authority to ensure that the licensee and the\nindividuals utilizing such center are in compliance with the provisions\nof this chapter, state laws, rules, and regulations, and the laws,\nrules, and regulations of the federal Alcohol and Tobacco Tax and Trade\nBureau.\n 5. The licensee or an official agent of the licensee shall be\nphysically present at all times during the facility's hours of\noperations.\n 6. The annual aggregate production of beer at any such center for all\nindividuals making beer at such premises, pursuant to a custom\nbeermakers' center license, shall not exceed the production limits set\nby the authority that are commensurate with a non-commercial production\nfacility. Provided that such aggregate production limit shall not be\noffset by beer produced at such facility under a brewer's license or\nfarm brewery license.\n 7. Notwithstanding any other provision of this chapter, the authority\nmay issue a custom beermakers' center license to the holder of a farm\nbrewery or brewery license for use at such licensee's existing licensed\npremises.\n 8. The authority is hereby authorized to promulgate rules and\nregulations to effectuate the purposes of this section.\n 9. The licensee must maintain a record of the name, address, and\ncontact information of the individuals that have used such facility and\nthe annual amount of beer produced by each individual at the facility\npursuant to the rules of the authority.\n