NY Alcoh Bev Ctrl L § 58-C (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 4-A - Special Provisions Relating to Cider 58-C - Farm Cidery License.

§  58-c. Farm cidery license. 1. Any person may apply to the authority for a farm cidery license as provided for in  this  section  to  produce cider  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  produce cider in the premises therein specifically licensed.   2. A farm cidery license shall authorize the holder thereof to operate a cidery for the manufacture of New York state labelled  cider.  Such  a license shall also authorize the licensee to:  (a)  sell  in  bulk  cider  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;  (b) sell or deliver cider manufactured  by  the  licensee  to  persons outside the state pursuant to the laws of the place of such delivery;  (c)  sell  cider  manufactured  by  the  licensee  to  wholesalers and retailers licensed in this state  to  sell  such  cider,  licensed  farm distillers,  licensed  farm  wineries,  licensed wineries, licensed farm breweries and any other licensed farm cidery. All such cider 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;  (f)  (i)  at  the  licensed premises, conduct tastings of, and sell at retail for consumption on  or  off  the  licensed  premises,  any  cider manufactured  by  the  licensee  or  any  New  York state labeled cider. Provided, however, for tastings and sales for  on-premises  consumption, the  licensee shall regularly keep food available for sale or service to its retail  customers  for  consumption  on  the  premises.  A  licensee providing  the  following  shall  be  deemed  in  compliance  with  this provision: (A) sandwiches, soups or other  such  foods,  whether  fresh, processed,  pre-cooked  or  frozen;  and/or  (B)  food items intended to complement the tasting  of  alcoholic  beverages,  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,  including  but  not  limited  to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers. All of the provisions of this chapter relative to licensees selling cider at retail shall  apply;  and (ii)  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, cider manufactured by the licensee and any New York state labeled  cider.  All of the provisions of this chapter relative to licensees to selling cider at  retail  shall apply. Notwithstanding any other provision of law, the licensed farm cidery 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;  (g) sell cider manufactured by the licensee or any other licensed farm cidery 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;  (h) conduct tastings of and sell at retail for consumption on  or  off the  premises  New  York  state  labeled beer manufactured by a licensed brewery or licensed farm brewery;  (i) conduct tastings of and sell at retail for consumption on  or  off the  premises  New  York  state labelled wine manufactured by a licensed winery or licensed farm winery;  (j)  conduct  tastings of and sell at retail for consumption on or 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;  (j-1) conduct tastings of and sell at retail for consumption on or off the premises New York state  labelled  mead  manufactured  by  a  person licensed to produce mead under this chapter;  (j-2) conduct tastings of and sell at retail for consumption on or off the  premises  New  York state labelled braggot manufactured by a person licensed to produce braggot under this chapter; and  (k) 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 cidery licensee.   3.  (a)  A  farm  cidery  licensee  may  apply for a permit to conduct tastings away from the  licensed  premises  of  cider  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 cideries. 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  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 the farm cidery.   4. A licensed farm cidery holding a tasting permit issued pursuant  to subdivision  three  of  this  section  may  apply to the authority for a permit to sell cider produced by such farm cidery, 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 cidery may, under such rules as may be  adopted  by the  authority,  sell  cider  manufactured  by the licensee or any other licensed farm cidery 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 cidery may apply to the authority for a license to sell beer, 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 cidery. All of the provisions of this chapter relative to  licenses  to  sell  beer,  liquor  or  wine  at  retail  or consumption on the premises shall apply so far as applicable.   7.  A  farm  cidery  license  shall  authorize  the  holder thereof to manufacture, bottle and  sell  food  condiments  and  products  such  as  mustards,  sauces, jams, jellies, mulling spices and other cider related foods in addition to 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 cider. 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 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,  baked  goods, 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 related products;  (d)  cider  supplies  and  accessories,  which  shall include any item utilized for the  storage,  serving  or  consumption  of  cider  or  for decorative  purposes.  These supplies may be sold as single items or may be combined into a package containing cider;  (e) cider-making equipment and supplies including, but not limited to, apples, apple juice, other pome fruits, other pome  fruit  juices,  home cider-making  kits, presses, pumps, filters, yeasts, chemicals and other cider  additives,  bottling  equipment,  bottles,  cider   storage   and fermenting  vessels,  barrels,  and  books  or other written material to assist cider-makers and home cider-makers to produce and bottle cider;  (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 cidery 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 cidery. Such locations shall be considered part of  the  licensed  premises  and  all activities allowed at and limited to the farm cidery 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  cidery  shall manufacture in excess of two hundred fifty thousand gallons of cider annually.  (b) A licensed farm cidery shall produce at  least  fifty  gallons  of cider annually.   11.  (a)  Except  as provided in paragraph (b) of this subdivision, no licensed farm cidery 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 cidery  to  manufacture or sell cider produced from apples grown outside this state. No  such authorization shall be granted to a farm cidery 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  cidery shall  utilize  an  amount  of  out-of-state  grown apples exceeding the amount of New York grown apples that such cidery 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  cideries 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   cideries   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 cideries and to the public the loss determination  issued  pursuant to this paragraph prior to October tenth of each year.   12. 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, and other by-products;  (b) recover carbon dioxide and yeast;  (c)  store  bottles,  packages and supplies necessary or incidental to all such operations;  (d) package, bottle, sell and deliver wine products;  (e) allow for the premises including space and equipment to be  rented by a licensed tenant cider producer for the purposes of alternation.   13. Notwithstanding any other provision of this chapter, the authority may  issue  a  farm cidery license to the holder of a farm brewery, farm winery or farm distiller's license for use at such  licensee's  existing licensed  premises.  The  holder  of a farm brewery, farm winery or farm distiller's license that simultaneously holds a farm cidery  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.   14.  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 cider  production  and  of  tourism  in  New  York, thereby  promoting  the  conservation, production and enhancement of New York state agricultural lands.