NY Alcoh Bev Ctrl L § 58-D (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 4-A - Special Provisions Relating to Cider 58-D - Custom Cidermakers' Center.

§  58-d.  Custom  cidermakers'  center. 1. Any person may apply to the authority on or before December thirty-first, two thousand nineteen  for a  custom cidermakers' center license as provided for in this section to operate a custom cidermakers' center facility  and  provide  individuals with  rental  space, the use of equipment and storage facilities, and/or fruit for the production of  cider  by  such  individuals  for  personal household  use  and  not for resale in accordance with state and federal laws,  rules,  and  regulations  authorizing   such   production.   Such application  shall  be  in  writing  and verified and shall contain such information as the  authority  shall  require,  provided,  however,  the holder of such a license under this section may renew such license on or after  December  thirty-first,  two  thousand nineteen. 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 operate such center to manufacture cider for personal household use in the premises therein specifically licensed.   2. For the purposes of this section, "fruit" shall mean  fresh,  whole apples  or  other pome fruits that are grown or produced in the state of New York.   3. A custom cidermakers' center license  shall  authorize  the  holder thereof  to operate a facility for individuals to rent space, equipment, and  storage  facilities  and,  if  necessary,  to  purchase  fruit   to manufacture   cider   for  personal  household  use  provided  that  the manufacture and production of cider for personal  household  consumption and  use  is  done  in  accordance  with  state  and  federal  laws  and regulations. Such a license shall also authorize the licensee,  provided such activities are permitted by the federal Alcohol and Tobacco Tax and Trade  Bureau  for  the  manufacture  of  tax  exempt cider for personal household use, to:  (a) conduct training classes on how to manufacture cider; and  (b) conduct cider tastings for those individuals taking  such  classes and/or  using  such facility for the production of cider at the licensed facility provided that the tastings shall be subject  to  the  following limitations:  (i)  tastings  shall  be  conducted  by the licensee or by an official agent of the licensee.  Such  licensee  or  agent  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 cider  as  authorized  herein  and  in  accordance  with  the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to such center.   4.  The  custom  cidermakers'  center licensee shall be subject to the supervision of the  authority  to  ensure  that  the  licensee  and  the individuals  utilizing such center are in compliance with the provisions of this chapter, state laws,  rules,  and  regulations,  and  the  laws, rules,  and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau.   5. The licensee  or  an  official  agent  of  the  licensee  shall  be physically   present  at  all  times  during  the  facility's  hours  of operations.   6. The annual aggregate production of cider at any such center for all individuals  making  cider  at  such  premises,  pursuant  to  a  custom cidermakers'  center license, shall not exceed the production limits set forth by the authority  that  are  commensurate  with  a  non-commercial production facility. Provided that such aggregate production limit shall  not  be offset by cider produced at such facility under a cidery license or farm cidery license.   7.  Notwithstanding any other provision of this chapter, the authority may issue a custom cidermakers' center license to the holder of  a  farm cidery  or  cidery  license  or farm winery or winery license for use at such licensee's existing licensed premises.   8.  The  authority  is  hereby  authorized  to  promulgate  rules  and regulations to effectuate the purposes of this section.   9.  The  licensee  must  maintain  a  record of the name, address, and contact information of the individuals that have used such facility  and the  annual  amount of cider produced by each individual at the facility pursuant to the rules of the authority.   10. The annual fee for a license  to  operate  a  custom  cidermakers' center shall be three hundred twenty dollars.