§ 58-C — Farm cidery license

§ 58-c. Farm cidery license. 1. Any person may apply to the authority\nfor a farm cidery license as provided for in this section to produce\ncider within this state for sale. Such application shall be in writing\nand verified 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 produce cider in the\npremises therein specifically licensed.\n 2. A farm cidery license shall authorize the holder thereof to operate\na cidery for the manufacture of New York state labelled cider. Such a\nlicense shall also authorize the licensee to:\n (a) sell in bulk cider manufactured by the licensee to any person\nlicensed 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 cider manufactured by the licensee to persons\noutside the state pursuant to the laws of the place of such delivery;\n (c) sell cider manufactured by the licensee to wholesalers and\nretailers licensed in this state to sell such cider, licensed farm\ndistillers, licensed farm wineries, licensed wineries, licensed farm\nbreweries and any other licensed farm cidery. All such cider sold by the\nlicensee shall be securely sealed and have attached thereto a label as\nshall be required by section one hundred seven-a of this chapter;\n (f) (i) at the licensed premises, conduct tastings of, and sell at\nretail for consumption on or off the licensed premises, any cider\nmanufactured by the licensee or any New York state labeled cider.\nProvided, however, for tastings and sales for on-premises consumption,\nthe licensee shall regularly keep food available for sale or service to\nits retail customers for consumption on the premises. A licensee\nproviding the following shall be deemed in compliance with this\nprovision: (A) sandwiches, soups or other such foods, whether fresh,\nprocessed, pre-cooked or frozen; and/or (B) food items intended to\ncomplement the tasting of alcoholic beverages, which shall mean a\ndiversified selection of food that is ordinarily consumed without the\nuse of tableware and can be conveniently consumed while standing or\nwalking, including but not limited to: cheeses, fruits, vegetables,\nchocolates, breads, mustards and crackers. All of the provisions of this\nchapter relative to licensees selling cider at retail shall apply; and\n(ii) 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, cider\nmanufactured by the licensee and any New York state labeled cider. All\nof the provisions of this chapter relative to licensees to selling cider\nat retail shall apply. Notwithstanding any other provision of law, the\nlicensed farm cidery 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 (g) sell cider manufactured by the licensee or any other licensed farm\ncidery at retail for consumption off the premises, at the state fair, at\nrecognized county fairs and at farmers markets operated on a\nnot-for-profit basis;\n (h) 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 (i) 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 (j) 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;\n (j-1) conduct tastings of and sell at retail for consumption on or off\nthe premises New York state labelled mead manufactured by a person\nlicensed to produce mead under this chapter;\n (j-2) conduct tastings of and sell at retail for consumption on or off\nthe premises New York state labelled braggot manufactured by a person\nlicensed to produce braggot under this chapter; and\n (k) 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 cidery licensee.\n 3. (a) A farm cidery licensee may apply for a permit to conduct\ntastings away from the licensed premises of cider produced by the\nlicensee. 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 cideries. Such agent, representative or\nsolicitor shall be physically present at all times during the conduct of\nthe tastings; 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 farm cidery.\n 4. A licensed farm cidery holding a tasting permit issued pursuant to\nsubdivision three of this section may apply to the authority for a\npermit to sell cider produced by such farm cidery, by the bottle, during\nsuch tastings in premises licensed under sections sixty-four,\nsixty-four-a, eighty-one and eighty-one-a of this chapter. 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.\n 5. A licensed farm cidery may, under such rules as may be adopted by\nthe authority, sell cider manufactured by the licensee or any other\nlicensed farm cidery at retail in bulk by the keg, cask or barrel for\nconsumption and not for resale at a clam-bake, barbeque, picnic, outing\nor other similar outdoor gathering at which more than fifty persons are\nassembled.\n 6. A licensed farm cidery 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 by him and conducted and operated by the licensee\nin or adjacent to its farm cidery. 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 cidery license shall authorize the holder thereof to\nmanufacture, bottle and sell food condiments and products such as\nmustards, sauces, jams, jellies, mulling spices and other cider 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 cider. 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 cider tastings, which\nshall mean a diversified selection of food that is ordinarily consumed\nwithout the use of tableware and can be conveniently consumed while\nstanding or walking. Such food items shall include but not be limited\nto: cheeses, fruits, vegetables, chocolates, breads, baked goods,\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 related products;\n (d) cider supplies and accessories, which shall include any item\nutilized for the storage, serving or consumption of cider or for\ndecorative purposes. These supplies may be sold as single items or may\nbe combined into a package containing cider;\n (e) cider-making equipment and supplies including, but not limited to,\napples, apple juice, other pome fruits, other pome fruit juices, home\ncider-making kits, presses, pumps, filters, yeasts, chemicals and other\ncider additives, bottling equipment, bottles, cider storage and\nfermenting vessels, barrels, and books or other written material to\nassist cider-makers and home cider-makers to produce and bottle cider;\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 cidery 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 cidery. Such\nlocations shall be considered part of the licensed premises and all\nactivities allowed at and limited to the farm cidery may be conducted at\nthe 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 cidery shall manufacture in excess of two hundred\nfifty thousand gallons of cider annually.\n (b) A licensed farm cidery shall produce at least fifty gallons of\ncider annually.\n 11. (a) Except as provided in paragraph (b) of this subdivision, no\nlicensed farm cidery 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 cidery 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 cidery\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 cidery shall utilize an amount of out-of-state grown apples\nexceeding the amount of New York grown apples that such cidery is unable\nto obtain due to the destruction of New York grown apples 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\ncider farm cideries utilize apples grown in New York state to the extent\nthey are reasonably available, prior to utilizing apples from an\nout-of-state source for such purpose.\n (c) The commissioner of agriculture and markets shall make available\nto farm cideries 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 cideries and to the public the loss\ndetermination issued pursuant to this paragraph prior to October tenth\nof each year.\n 12. 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 cider producer for the purposes of alternation.\n 13. Notwithstanding any other provision of this chapter, the authority\nmay issue a farm cidery license to the holder of a farm brewery, farm\nwinery or farm distiller's license for use at such licensee's existing\nlicensed premises. The holder of a farm brewery, farm winery or farm\ndistiller's license that simultaneously holds a farm cidery license on\nan adjacent premises may share and use the same tasting room facilities\nto conduct any tastings that such licensee is otherwise authorized to\nconduct.\n 14. 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 cider production and of tourism in New York,\nthereby promoting the conservation, production and enhancement of New\nYork state agricultural lands.\n 15. 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 cidery premises, provided however that\na retailer business licensed under this chapter shall not be permitted\nto operate at a licensed manufacturing premises.\n