NY Alcoh Bev Ctrl L § 51-A (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 4 - Special Provisions Relating to Beer 51-A - Farm Brewery License.

§ 51-a. Farm brewery license. 1. Any person may apply to the authority for  a farm brewery license as provided for in this section to brew beer within this state for sale. Such application shall  be  in  writing  and verified  and  shall  contain  such  information  as the authority shall require. Such application shall be accompanied by a check or  draft  for the  amount  required by this article for such license. If the authority grants the application, it shall issue a license in such form  as  shall be  determined by its rules. Such license shall contain a description of the licensed premises and in form and in substance shall be a license to the person therein specifically designated to brew beer in the  premises therein specifically licensed.   2.  A  farm  brewery  license  shall  authorize  the holder thereof to operate a brewery for the manufacture of New York state  labelled  beer. Such a license shall also authorize the licensee to:  (a)  manufacture  New  York  state  labelled  cider and New York state labeled braggot;  (b) sell in bulk beer, cider, and braggot manufactured by the licensee to any person licensed to manufacture alcoholic beverages in this  state or to a permittee engaged in the manufacture of products which are unfit for beverage use;  (c)  sell  or  deliver  beer,  cider,  and braggot manufactured by the licensee to persons outside the state pursuant to the laws of the  place of such delivery;  (d)  sell  beer,  cider,  and  braggot manufactured by the licensee to wholesalers and retailers licensed in this  state  to  sell  such  beer, cider,  and  braggot,  licensed farm distillers, licensed farm wineries, licensed farm cideries, licensed farm meaderies and any  other  licensed farm  brewery.  All  such  beer, cider, and braggot sold by the licensee shall be securely sealed and have attached thereto a label as  shall  be required by section one hundred seven-a of this chapter;  (e)   sell   at   the  licensed  premises  beer,  cider,  and  braggot manufactured by the licensee or any other  licensed  farm  brewery,  and wine  and  spirits  manufactured  by  any  licensed  farm winery or farm distillery, at retail for consumption on or off the licensed premises;  (f) conduct tastings at the licensed  premises  of  beer,  cider,  and braggot manufactured by the licensee or any other licensed farm brewery;  (g) operate a restaurant, hotel, catering establishment, or other food and  drinking  establishment in or adjacent to the licensed premises and sell at such place, at retail for consumption  on  the  premises,  beer, cider,  and  braggot manufactured by the licensee and any New York state labeled beer, New York state labeled braggot or New York  state  labeled cider.  All  of  the  provisions of this chapter relative to licenses to sell beer, cider, and braggot at retail for consumption on and  off  the premises   shall   apply   so   far  as  applicable  to  such  licensee. Notwithstanding any other provision of law, the  licensed  farm  brewery may  apply  to  the  authority  for a license under this chapter to sell other alcoholic beverages at retail for consumption on the  premises  at such establishment;  (h)  sell beer, cider, and braggot manufactured by the licensee or any other licensed farm brewery at retail for consumption off the  premises, at  the  state  fair,  at recognized county fairs and at farmers markets operated on a not-for-profit basis;  (i) conduct tastings of and sell at retail  for  consumption  off  the premises  New York state labelled wine and mead manufactured by a person licensed to produce wine or mead under this chapter;  (j) conduct tastings of and sell at retail  for  consumption  off  the premises  New York state labelled cider manufactured by a licensed cider producer or licensed farm cidery;  (k) conduct tastings of and sell at retail  for  consumption  off  the premises  New  York  state  labelled  liquor  manufactured by a licensed distiller  or  licensed  farm  distiller;  provided,  however,  that  no consumer  may  be  provided,  directly or indirectly: (i) with more than three  samples of liquor for tasting in one calendar day; or (ii) with a sample of liquor for tasting equal to more than one-quarter fluid ounce; and  (l) conduct tastings of and sell at retail  for  consumption  off  the premises  New  York  state  labelled  braggot  manufactured  by a person licensed to produce braggot under this chapter; and  (m) engage in any other business on the licensed premises  subject  to such  rules  and  regulations as the authority may prescribe. Such rules and regulations shall determine which businesses will be compatible with the policy and purposes of this chapter and shall consider the effect of particular businesses on the community and area in the vicinity  of  the farm brewery licensee.   3.  (a)  A  farm  brewery  licensee  may apply for a permit to conduct tastings away from the licensed premises of  beer,  cider,  and  braggot produced  by  the  licensee.  Such  permit shall be valid throughout the state and may be issued on an annual basis  or  for  individual  events. Each such permit and the exercise of the privilege granted thereby shall be  subject  to  such  rules and conditions of the authority as it deems necessary.  (b) Tastings shall be conducted subject to the following limitations:  (i) tastings shall be conducted by an official  agent,  representative or  solicitor  of one or more farm breweries. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and  (ii) any liability stemming from a right of action  resulting  from  a tasting  of  beer,  cider,  or  braggot  as  authorized  herein  and  in accordance with the provisions of sections  11-100  and  11-101  of  the general obligations law, shall accrue to the farm brewery.   4. A licensed farm brewery holding a tasting permit issued pursuant to subdivision  three  of  this  section  may  apply to the authority for a permit to sell beer, cider, and braggot produced by such  farm  brewery, by  the bottle, during such tastings in premises licensed under sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of  this  chapter. Each such permit and the exercise of the privilege granted thereby shall be  subject  to  such  rules and conditions of the authority as it deems necessary.   5. A licensed farm brewery may, under such rules as may be adopted  by the  authority,  sell  beer or cider manufactured by the licensee or any other licensed farm brewery at retail in bulk by the keg, cask or barrel for consumption and not for resale at  a  clam-bake,  barbeque,  picnic, outing  or  other  similar  outdoor  gathering  at which more than fifty persons are assembled.   6. A licensed farm brewery may apply to the authority for a license to sell liquor and/or wine at retail for consumption on the premises  in  a restaurant owned by him and conducted and operated by the licensee in or adjacent  to  its  farm  brewery.  All of the provisions of this chapter relative to licenses to sell liquor or wine at retail or consumption  on the premises shall apply so far as applicable.   7.  A  farm  brewery  license  shall  authorize  the holder thereof to manufacture, bottle and  sell  food  condiments  and  products  such  as mustards,  sauces,  hop  seasonings,  beer nuts, and other hops and beer related foods in addition to  beer  and  hop  soaps,  hop  pillows,  hop wreaths  and  other  such  food  and  crafts  on  and  from the licensed premises. Such license shall authorize the holder thereof to  store  and  sell gift items in a tax-paid room upon the licensed premises incidental to  the sale of beer. These gift items shall be limited to the following categories:  (a)  non-alcoholic  beverages  for  consumption  on  or  off premises, including but not limited to bottled water, juice and soda beverages;  (b) food items  for  the  purpose  of  complementing  beer  and  cider tastings,  which  shall  mean  a  diversified  selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking. Such food items  shall  include  but not  be  limited  to:  cheeses,  fruits, vegetables, chocolates, breads, mustards and crackers;  (c) food items, which shall include locally produced farm products and any food  or  food  product  not  specifically  prepared  for  immediate consumption  upon  the  premises. Such food items may be combined into a package containing cider, beer and/or hop related products;  (d) beer supplies  and  accessories,  which  shall  include  any  item utilized  for  the  storage,  serving  or  consumption  of  beer  or for decorative purposes. These supplies may be sold as single items  or  may be combined into a package containing beer;  (e)  beer-making equipment and supplies including, but not limited to, home beer-making or homebrewing kits, filters, bottling equipment, hops, barley, yeasts, chemicals and other beer additives, and books  or  other written   material   to  assist  beer-makers  and  home  beer-makers  or homebrewers to produce and bottle beer;  (f) souvenir items,  which  shall  include,  but  not  be  limited  to artwork,  crafts, clothing, agricultural products and any other articles which can be construed to propagate tourism within the region.   8. Notwithstanding any provision of this chapter to the contrary,  any farm brewery licensee may charge for tours of its premises.   9. The holder of a license issued under this section may operate up to five  branch  offices  located away from the licensed farm brewery. Such locations shall be considered part of  the  licensed  premises  and  all activities  allowed  at and limited to the farm brewery may be conducted at the branch offices. Such branch offices shall not be located  within, share  a  common  entrance and exit with, or have any interior access to any other  business,  including  premises  licensed  to  sell  alcoholic beverages  at  retail.  Prior to commencing operation of any such branch office, the licensee shall notify the authority of the location of  such branch  office and the authority may issue a permit for the operation of same.   10. (a) No farm brewery shall manufacture in  excess  of  seventy-five thousand finished barrels of beer, cider, and braggot annually.  (b)  A  farm brewery shall manufacture at least fifty barrels of beer, cider, and braggot annually.   11. (a) Except as provided in paragraph (b) of  this  subdivision,  no licensed  farm brewery shall manufacture or sell any beer other than New York state labelled beer.  (b) In the event that the commissioner  of  agriculture  and  markets, after  investigating  and  compiling information pursuant to subdivision forty-two of  section  sixteen  of  the  agriculture  and  markets  law, determines  that  a  natural  disaster, act of God, or continued adverse weather condition has destroyed much of the  necessary  ingredients  for brewing  beer,  such  commissioner, in consultation with the chairman of the authority, may give authorization to a duly licensed farm brewery to manufacture or sell beer produced from  ingredients  grown  or  produced outside  this  state.  No  such authorization shall be granted to a farm brewery licensee unless such licensee certifies to such commissioner the quantity of New York grown ingredients unavailable to such licensee  due  to  such  natural  disaster,  act  of  God or continuing adverse weather condition and satisfies such commissioner that reasonable  efforts  were made to obtain brewing ingredients from a New York state source for such beer  making  purpose.  No  farm  brewery  shall  utilize  an  amount of out-of-state grown or produced ingredients exceeding the amount  of  New York  grown ingredients that such brewery is unable to obtain due to the destruction of New York grown  or  produced  ingredients  by  a  natural disaster,  act  of  God  or  continuing  adverse  weather  condition  as determined by the commissioner of agriculture and  markets  pursuant  to this  subdivision.  For  purposes of this subdivision, the department of agriculture and markets and the authority are authorized to adopt  rules and  regulations  as they may deem necessary to carry out the provisions of this subdivision which shall include ensuring that  in  manufacturing beer  farm  breweries  utilize ingredients grown or produced in New York state to the extent they are reasonably available,  prior  to  utilizing ingredients from an out-of-state source for such purpose.  (c)  The  commissioner of agriculture and markets shall make available to farm breweries and  to  the  public  each  specific  ingredient  loss determination issued pursuant to paragraph (b) of this subdivision on or before August twentieth of each year.  (d)  In  the  event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to  August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth each  year  results  in  any  ingredient  loss which meets the standards provided in paragraph (b)  of  this  subdivision,  the  commissioner  of agriculture  and  markets,  in  consultation  with  the  chairman of the authority, may issue additional ingredient loss determinations and shall expeditiously make available to farm breweries and to  the  public  each specific ingredient loss determination issued pursuant to this paragraph prior to October tenth of each year.   12.  (a)  Except  as provided in paragraph (b) of this subdivision, no licensed farm brewery shall manufacture or sell any cider other than New York state labelled cider.  (b) In the event that the commissioner  of  agriculture  and  markets, after  investigating  and  compiling information pursuant to subdivision forty-two of  section  sixteen  of  the  agriculture  and  markets  law, determines  that  a  natural  disaster, act of God, or continued adverse weather condition has destroyed much of the  apple  crop  necessary  for producing cider, such commissioner, in consultation with the chairman of the authority, may give authorization to a duly licensed farm brewery to manufacture or sell cider produced from apples grown outside this state. No such authorization shall be granted to a farm brewery licensee unless such  licensee  certifies  to such commissioner the quantity of New York grown apples unavailable to such licensee due to such natural  disaster, act  of  God  or continuing adverse weather condition and satisfies such commissioner that reasonable efforts were made to obtain apples  from  a New  York  state  source  for such cider making purpose. No farm brewery shall utilize an amount  of  out-of-state  grown  apples  exceeding  the amount  of  New  York grown apples that such brewery is unable to obtain due to the destruction of New York grown apples by a  natural  disaster, act  of God or continuing adverse weather condition as determined by the commissioner of agriculture and markets pursuant  to  this  subdivision. For  purposes  of  this  subdivision,  the department of agriculture and markets and the authority are authorized to adopt rules and  regulations as  they  may  deem  necessary  to  carry  out  the  provisions  of this subdivision which shall include ensuring  that  in  manufacturing  cider farm breweries utilize apples grown in New York state to the extent they  are reasonably available, prior to utilizing apples from an out-of-state source for such purpose.  (c)  The  commissioner of agriculture and markets shall make available to  farm  breweries  and  to  the  public  each  specific   apple   loss determination issued pursuant to paragraph (b) of this subdivision on or after August twentieth of each year.  (d)  In  the  event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to  August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth of  each  year  results in any apple crop loss which meets the standards provided in paragraph (b)  of  this  subdivision,  the  commissioner  of agriculture  and  markets,  in  consultation  with  the  chairman of the authority, may issue additional apple crop loss determinations and shall expeditiously make available to farm breweries and  to  the  public  the loss  determination  issued  pursuant to this paragraph prior to October tenth of each year.   13. Notwithstanding any contrary provision of law or of  any  rule  or regulation   promulgated  pursuant  thereto,  and  in  addition  to  the activities which may otherwise be carried out  by  any  person  licensed under  this section, such person may, on the premises designated in such license:  (a) produce, package, bottle, sell and deliver soft drinks  and  other non-alcoholic   beverages,   vitamins,   malt,  malt  syrup,  and  other by-products;  (b) dry spent grain from the brewery;  (c) recover carbon dioxide and yeast;  (d) store bottles, packages and supplies necessary  or  incidental  to all such operations;  (e) package, bottle, sell and deliver wine products;  (f)  allow for the premises including space and equipment to be rented by a licensed tenant brewer for the purposes of alternation.   14. Notwithstanding any other provision of this chapter, the authority may issue a farm brewery license to the holder of a farm winery or  farm distiller's  license  for  use  at  such  licensee's  existing  licensed premises. The holder of a farm winery or farm distiller's  license  that simultaneously  holds a farm brewery license on an adjacent premises may share and use the same tasting room facilities to conduct  any  tastings that such licensee is otherwise authorized to conduct.   15.  The  authority  is  hereby  authorized  to  promulgate  rules and regulations to effectuate the purposes of this section.  In  prescribing such  rules  and  regulations, the authority shall promote the expansion and profitability of beer and cider production and  of  tourism  in  New York,  thereby promoting the conservation, production and enhancement of New York state agricultural lands.