§ 58 — Cider producers' or wholesalers' license

New York § 58

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

Text

§ 58. Cider producers' or wholesalers' license. 1. Any person may\napply to the liquor authority for a cider producers' or wholesalers'\nlicense as provided for in this subdivision. Such application shall be\nin writing and shall contain such information as the liquor authority\nshall require. Such application shall be accompanied by a check or draft\nfor the amount required by this subdivision for such license. If the\nliquor authority shall grant the application it shall issue a license in\nsuch form as shall be determined by its rules. A license issued under\nthis subdivision shall authorize the licensee to manufacture cider\nwithin the licensed premises in this state for sale in bottles, barrels\nor casks to beer, wine and liquor retail licensee and/or to sell cider\nat wholesale from the licensed premises to such licensees and to holders\nof licenses under this section in bottles, barrels or casks and to sell\nand deliver cider to persons outside the state pursuant to the laws of\nthe place of such sale or delivery. The annual fee for such a license\nshall be one hundred twenty-five dollars; provided, however, that the\nannual fee for a farm cidery license shall be seventy-five dollars. The\nprovisions contained in section sixty-seven of this chapter shall apply\nto all licenses issued pursuant to this article.\n 2. (a) Any person licensed pursuant to subdivision one of this section\nmay conduct cider tastings of New York state labelled ciders in\nestablishments licensed pursuant to section sixty-three of this chapter\nto sell alcoholic beverages for off-premises consumption. Such cider\nproducer or wholesaler may charge a fee of not more than twenty-five\ncents for each cider sample tasted. The liquor authority shall\npromulgate rules and regulations relating to the conduct of such\ntastings.\n (b) Any person licensed pursuant to subdivision one of this section\nmay conduct cider tastings of New York state labelled ciders and apply\nto the liquor authority for a permit to sell cider produced by such\ncider producer or wholesaler, by the bottle, during such tastings in\nestablishments licensed pursuant to section sixty-four of this chapter\nto sell alcoholic beverages for consumption on the premises. Such cider\nproducer or wholesaler may charge a fee of not more than twenty-five\ncents for each cider sample tasted. The liquor authority shall\npromulgate rules and regulations relating to the conduct of tastings.\n (c) Cider tastings shall be conducted subject to the following\nlimitations:\n (i) cider tastings shall be conducted by an official agent,\nrepresentative or solicitor of one or more cider producers or\nwholesalers. Such agent, representative or solicitor 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\ncider tasting as authorized pursuant to this subdivision and in\naccordance with the provisions of sections 11-100 and 11-101 of the\ngeneral obligations law, shall accrue to the cider producer or\nwholesaler licensee.\n 3. Notwithstanding any provision of this chapter to the contrary, a\nlicensed cider wholesaler may apply to the liquor authority for a permit\nto sell New York state labelled cider by the bottle and conduct cider\ntastings at the state fair, at recognized county fairs and at farmers\nmarkets operated on a not-for-profit basis. As a condition of such\npermit, an agent, representative or solicitor from the cider wholesaler\nshall be present at the time of sale or tastings.\n 3-a. A licensed cider producer producing New York state labelled cider\nmay:\n (a) sell such cider to licensed farm distillers, farm wineries, farm\ncideries and farm breweries. All such cider sold by the licensee shall\nbe securely sealed and have attached thereto a label as shall be\nrequired by section one hundred seven-a of this chapter;\n (b) conduct tastings at the licensed premises of such cider or any\nother New York state labeled cider;\n (c) sell such cider 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 (d) sell and conduct tastings of such cider at retail for consumption\non the premises of a restaurant, conference center, inn, bed and\nbreakfast or hotel business owned and operated by the licensee in or\nadjacent to its farm cidery. A licensee who operates a restaurant,\nconference center, inn, bed and breakfast or hotel pursuant to such\nauthority shall comply with all applicable provisions of this chapter\nwhich relate to licenses to sell cider at retail for consumption on the\npremises;\n (e) apply for a permit to conduct tastings away from the licensed\npremises of such cider. 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 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\ncider, for consumption off the premises, during such tastings in\npremises licensed under sections sixty-four, sixty-four-a, eighty-one\nand eighty-one-a of this chapter. Each such permit and the exercise of\nthe privilege granted thereby shall be subject to such rules and\nconditions of the authority as it deems necessary.\n 4. Notwithstanding any provision of this chapter to the contrary, any\none or more cider producer or wholesaler licensee, singly or jointly,\nmay apply to the liquor authority for a license or licenses to sell\ncider at retail for consumption off the premises. The duration of such\nlicense shall be coextensive with the duration of such licensee's cider\nproducer or wholesaler license, and the fee therefor shall be six\nhundred forty dollars if such retail premises is located in cities\nhaving a population of one million or more; in cities having less than\none million population and more than one hundred thousand, three hundred\ntwenty dollars; and elsewhere, the sum of one hundred sixty dollars.\nSuch license shall entitle the holder thereof to sell at retail for\nconsumption off the premises any New York state labelled cider. Such\nlicense shall also entitle the holder thereof to conduct cider tastings\non such licensed premises and charge for such tastings. Not more than\nfive such licenses shall be issued to any licensed cider producer or\nwholesaler. All other provisions of this chapter relative to licenses to\nsell cider at retail for consumption off the premises shall apply so far\nas applicable to such application. The liquor authority is hereby\nauthorized to adopt such rules as it may deem necessary to carry out the\npurpose of this subdivision, provided that all licenses issued pursuant\nto this subdivision shall be subject to the same rules and regulations\nas are applicable to the sale of cider at retail for consumption off the\npremises of the cider producer or wholesaler licensee.\n 5. A cider producer shall manufacture at least fifty gallons of cider\nannually.\n