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

§ 51. Brewer's  license.  1.  Any  person  may  apply  to  the  liquor authority for a license to brew beer within this state  for  sale.  Such application  shall  be  in  writing  and verified and shall contain such information as the liquor  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  liquor  authority shall grant 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. Such a license shall authorize the sale from the licensed  premises of  the  beer  brewed  by  such  licensee  to duly licensed wholesalers, retailers and permittees in this state, and to sell or deliver such beer to persons outside the state pursuant to the laws of the place  of  such sale  or  delivery.  A person holding a brewer's license may apply for a license to sell beer brewed by him at wholesale at premises  other  than those  designated  in  the  brewery  license  and the provisions of this article  relative  to  wholesaler's  licenses  shall  apply  so  far  as applicable to such application.   3.  A  licensed  brewer may, under such rules as may be adopted by the liquor authority, sell beer 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.   3-a. A licensed brewer may at the licensed premises  conduct  tastings of,  and sell at retail for consumption on or off the licensed premises, any beer manufactured by the licensee or  any  New  York  state  labeled beer.    Provided,  however, that 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: (i) sandwiches, soups or other  such  foods,  whether  fresh, processed,  pre-cooked  or  frozen;  and/or  (ii) 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 licenses to sell beer at retail for  consumption  on and off the premises shall apply so far as applicable to such licensee.   4.  A  licensed  brewery  may  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 manufactured by the licensee  and  any New  York  state  labeled  beer.  All  of the provisions of this chapter relative to licenses to sell beer  at  retail  for  consumption  on  the premises   shall   apply   so   far  as  applicable  to  such  licensee. Notwithstanding any other provision of  law,  the  licensed  brewer  may apply to the liquor authority for a license to sell beer, wine or liquor at  retail for consumption on the premises at such establishment. All of the provisions of this chapter relative to licenses to sell  beer,  wine or  liquor  at retail for consumption on the premises shall apply so far as applicable to such application.   5. A licensed brewer  whose  annual  production  is  less  than  sixty thousand  barrels may apply to the liquor authority for a permit to sell beer in a sealed container for off-premises  consumption  at  the  state fair,  at  recognized county fairs and at farmers' markets operated on a  not-for-profit basis. As a condition of the permit a representative from the brewer must be present at the time of sale.   5-a.  Except  as  otherwise provided in subdivisions three, four, five and six-a of this section and except as provided in section fifty-two of this article no brewer shall sell any beer, wine or liquor at retail.   6. Notwithstanding the provisions of subdivision one  of  section  one hundred  one  of this chapter the authority may issue a brewer's license pursuant to this section for a premises which shall  be  located  wholly within  the  town  of  Hyde Park, county of Dutchess, state of New York, known and designated as Lot No. 1 shown on a map  entitled  "Subdivision for  Piney" filed in the Dutchess County Clerk's Office as Map No. 8764, being more particularly bounded and described as follows:   BEGINNING at a point on the easterly line of  State  Highway  Route  9 (also  known  as Albany Post Road) at the northwest corner of the herein described parcel and the southwest corner of the lands now  or  formerly of  Friendly Ice Cream Corp.; thence along the division line between the herein described parcel and the last mentioned lands; South 77  deg  10' 10"  East  310.17  feet  to the northeast corner of the herein described parcel and the southeast corner of the last mentioned lands at  a  point on  the  westerly  line  of  other  lands  of  Fernando  Piney which are designated as Lot No. 1 as shown of Filed Map  5678;  thence  along  the division line between the herein described parcel and the last described lands  of  Piney. South 06 deg 34' 20" West 157.76 feet to the southeast corner of the herein described parcel and the northeast  corner  of  Lot No. 2 as shown on Filed Map No. 8764; thence along the northerly line of Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42" West  155.26  feet  and  South  87  deg  45' 20" West 155.00 feet to the southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a point on the easterly line of State Highway Route 9;  thence  along  the easterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00 feet  to  the point of beginning. Being the same premises as conveyed to Anthony Lobianco,  Joseph  Lobianco  and  Carmelo  DeCicco  by  deed  of Universal  Land Abstract, as agent of the grantor, Fernando Piney, dated March 21, 1995 and recorded in the office of the Dutchess  County  Clerk on  such  date as Receipt no. R12437, Batch record no. A00209; Being the same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka & Strohsahl, as agent of the grantor, Carmelo  DeCicco,  dated  November 17,  2003  and  recorded  in  the office of the Dutchess County Clerk on December 9, 2004 as document no. 02  2004  12028,  Receipt  no.  R98669, Batch record no. C00440.   6-a. A licensed brewer producing New York state labelled beer may:  (a)  sell  such  beer to licensed farm distillers, farm wineries, farm cideries and farm breweries. All such beer 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;  (c)  sell  such beer 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;  (e)  apply  for  a  permit  to conduct tastings away from the licensed premises of such beer. 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.   Tastings  shall  be  conducted  subject  to  the  following conditions:  (i) tastings shall be conducted by an official  agent,  representative or  solicitor  of  the licensee. 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 or 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 licensee.  (f) if it holds a tasting permit issued pursuant to paragraph  (e)  of this subdivision, apply to the authority for a permit to sell such beer, for  consumption  off  the  premises,  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.   7.  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 on by any person licensed as a brewer  under  this chapter, 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 sirup, 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; and (g) manufacture, produce,  blend,  package, bottle,  purchase, sell and deliver alcoholic beverages. If any licensed brewer desires to engage in any of the activities in paragraph (a), (b), (c), (d) or (e) of  this  subdivision  which  (a)  require  the  use  of by-products   or  wastage  from  the  production  of  beer,  or  utilize buildings, room-areas or equipment not fully employed in the  production of  beer; or (b) are reasonably necessary to realize the maximum benefit from the premises and equipment  and  to  reduce  the  overhead  of  the brewery;  or  (c)  are  in  the  public  interest  because  of emergency conditions; or (d) involve experiments or research projects  related  to equipment, materials, processes, products, by-products or wastage of the brewery,  he  shall  submit  an  application  so  to  do  to  the liquor authority, on forms prescribed and furnished by  it.  If  the  authority determines  that  the  activities  specified in the application will not impede the effective administration of the  alcoholic  beverage  control law,  it  may  approve such application, subject to such restrictions or modifications, and in such manner and form as it may determine,  and  no brewer  licensed  under this chapter shall engage in any such activities without the prior approval of the authority. Provided, however,  if  the licensed  brewer  desires  to  engage  in  any  activities identified in paragraph (f) or (g) of this subdivision the licensee  shall  submit  an application  to  do  so to the liquor authority, on forms prescribed and furnished by  it.  If  the  authority  determines  that  the  activities specified   in   the   application   will   not   impede  the  effective administration of this chapter, it may approve such application, subject to such restrictions or modifications, and in such manner and form as it may determine. The approval of such application shall be subject to  the imposition   of   such  additional  license  fees  for  such  activities identified in paragraph (g) of  this  subdivision  consistent  with  the manufacture  of  any alcoholic beverages under this article and articles five and six of this chapter. The liquor authority is hereby  authorized to  adopt  such  rules  and regulations as it may determine necessary to effectuate the provisions of this subdivision.    8. (a) A licensee or his or her employee, or a brewer or  manufacturer as  defined  in  section  three  of  this  chapter  or  its  employee or representative, or an importer having a  basic  permit  as  required  by section  1.20  of  title  27  of  the code of federal regulations or its employee  or  representative, may obtain a permit to serve small samples of  beer  or  malt  beverages  he  or  she  produces   or   imports   at establishments licensed under section fifty-four or fifty-four-a of this article.  Furthermore such permit may also be obtained for serving small samples of beer or malt beverages produced or imported by such licensee, brewer,  manufacturer  or  importer  at  annual   fairs   sponsored   by agricultural  and horticultural societies as defined in section fourteen hundred nine of the not-for-profit corporation law, and for sampling  at the  licensed  premises  of  the  holder of a wholesaler's license under section fifty-three of this article issued  or  renewed  prior  to  July first,  nineteen  hundred  sixty, and thereafter renewed or transferred, which authorizes the holder thereof to sell beer at retail to  a  person for  consumption  in  his or her home. For purposes of this paragraph, a representative  shall  not  include  a  person  licensed  under  section fifty-three of this article or his or her employees.  (b)  The  fee  for  a  temporary brewer tasting permit shall be twenty dollars and shall be issued by the authority and dated for its period of use, which shall not exceed three days. An applicant for such permit may also apply for an annual brewer tasting permit for a fee of one thousand dollars which shall be issued by the authority.  (c) Tastings at such licensed establishments or annual fairs shall  be conducted  only  within  the hours fixed by or pursuant to this chapter, during which alcoholic beverages may be lawfully sold or permitted  upon premises  licensed  to  sell  beer  or  malt  beverages for off-premises consumption.  (d) A licensee or his or her employee may  provide  small  samples  of beer   or   malt   beverages  he  or  she  produces  at  their  licensed establishment. No permit shall be required for a licensee or his or  her employee  to provide small samples of beer or malt beverages when served at his or her licensed establishment.  (e) Each serving at tastings shall be served only  by  the  brewer  or importer  or his or her employee and shall be limited to three ounces or less of a brand of beer or malt beverage produced by the  brewer  or  by the  importer  and  no  consumer of legal age shall be provided or given more than two servings of such brands offered for tasting.  (f) All beer or other malt  beverages  served  pursuant  to  a  permit issued  under  this  subdivision shall have been purchased by the retail licensee upon whose premises the serving of samples is taking place.  (g) A brewer or importer to whom a permit is issued pursuant  to  this subdivision  may  not be assessed a fee or charge by the retail licensee upon whose premises the serving is taking place  for  the  privilege  of serving such samples.  (h)  The  brewer  or  importer,  or  his  or her employee serving such samples, shall be responsible for ensuring that such  samples  are  only served to individuals legally eligible to consume alcoholic beverages in this state.  (i)  Any  liability stemming from a right of action resulting from the sampling  of  beer  or  other  malt  beverages  as  authorized  by  this subdivision,  and  in  accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the brewer or importer.  (j) The authority is authorized and directed to provide such forms  to a  brewer  or  importer to obtain the necessary temporary brewer tasting permit and promulgate such rules and regulations, as it deems  necessary  or  appropriate  to  implement  the  provisions  of  this subdivision to protect the health, safety and welfare of the people of this state.   9.  A  brewery  shall  manufacture  at  least  fifty  barrels  of beer annually.