§ 58-D — Custom cidermakers' center

§ 58-d. Custom cidermakers' center. 1. Any person may apply to the\nauthority on or before December thirty-first, two thousand nineteen for\na custom cidermakers' center license as provided for in this section to\noperate a custom cidermakers' center facility and provide individuals\nwith rental space, the use of equipment and storage facilities, and/or\nfruit for the production of cider by such individuals for personal\nhousehold use and not for resale in accordance with state and federal\nlaws, 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 such 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 cider for\npersonal household use in the premises therein specifically licensed.\n 2. For the purposes of this section, "fruit" shall mean fresh, whole\napples or other pome fruits that are grown or produced in the state of\nNew York.\n 3. A custom cidermakers' 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 fruit to\nmanufacture cider for personal household use provided that the\nmanufacture and production of cider for personal household consumption\nand use is done in accordance with state and federal laws and\nregulations. Such a license shall also authorize the licensee, provided\nsuch activities are permitted by the federal Alcohol and Tobacco Tax and\nTrade Bureau for the manufacture of tax exempt cider for personal\nhousehold use, to:\n (a) conduct training classes on how to manufacture cider; and\n (b) conduct cider tastings for those individuals taking such classes\nand/or using such facility for the production of cider at the licensed\nfacility provided 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 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 such center.\n 4. The custom cidermakers' 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 cider at any such center for all\nindividuals making cider at such premises, pursuant to a custom\ncidermakers' center license, shall not exceed the production limits set\nforth by the authority that are commensurate with a non-commercial\nproduction facility. Provided that such aggregate production limit shall\nnot be offset by cider produced at such facility under a cidery license\nor farm cidery license.\n 7. Notwithstanding any other provision of this chapter, the authority\nmay issue a custom cidermakers' center license to the holder of a farm\ncidery or cidery license or farm winery or winery license for use at\nsuch licensee's existing licensed premises.\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 cider produced by each individual at the facility\npursuant to the rules of the authority.\n 10. The annual fee for a license to operate a custom cidermakers'\ncenter shall be three hundred twenty dollars.\n