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

§ 58. Cider  producers'  or  wholesalers' license.   1. Any person may apply to the liquor authority for a  cider  producers'  or  wholesalers' license  as  provided for in this subdivision. Such application shall be in writing 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 subdivision 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. A  license  issued  under this  subdivision  shall  authorize  the  licensee  to manufacture cider within the licensed premises in this state for sale in bottles,  barrels or  casks  to beer, wine and liquor retail licensee and/or to sell cider at wholesale from the licensed premises to such licensees and to holders of licenses under this section in bottles, barrels or casks and to  sell and  deliver  cider to persons outside the state pursuant to the laws of the place of such sale or delivery. The annual fee for  such  a  license shall  be  one  hundred twenty-five dollars; provided, however, that the annual fee for a farm cidery license shall be seventy-five dollars.  The provisions  contained in section sixty-seven of this chapter shall apply to all licenses issued pursuant to this article.   2. (a) Any person licensed pursuant to subdivision one of this section may conduct  cider  tastings  of  New  York  state  labelled  ciders  in establishments  licensed pursuant to section sixty-three of this chapter to sell alcoholic beverages for  off-premises  consumption.  Such  cider producer  or  wholesaler  may  charge a fee of not more than twenty-five cents  for  each  cider  sample  tasted.  The  liquor  authority   shall promulgate  rules  and  regulations  relating  to  the  conduct  of such tastings.  (b) Any person licensed pursuant to subdivision one  of  this  section may  conduct  cider tastings of New York state labelled ciders and apply to the liquor authority for a permit to  sell  cider  produced  by  such cider  producer  or  wholesaler,  by the bottle, during such tastings in establishments licensed pursuant to section sixty-four of  this  chapter to  sell alcoholic beverages for consumption on the premises. Such cider producer or wholesaler may charge a fee of  not  more  than  twenty-five cents   for  each  cider  sample  tasted.  The  liquor  authority  shall promulgate rules and regulations relating to the conduct of tastings.  (c) Cider  tastings  shall  be  conducted  subject  to  the  following limitations:  (i)   cider   tastings  shall  be  conducted  by  an  official  agent, representative  or  solicitor  of  one  or  more  cider   producers   or wholesalers. 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 cider  tasting  as  authorized  pursuant  to  this  subdivision  and  in accordance  with  the  provisions  of  sections 11-100 and 11-101 of the general  obligations  law,  shall  accrue  to  the  cider  producer   or wholesaler licensee.   3.  Notwithstanding  any  provision of this chapter to the contrary, a licensed cider wholesaler may apply to the liquor authority for a permit to sell New York state labelled cider by the bottle  and  conduct  cider tastings  at  the  state fair, at recognized county fairs and at farmers markets operated on a not-for-profit  basis.  As  a  condition  of  such permit,  an agent, representative or solicitor from the cider wholesaler shall be present at the time of sale or tastings.   3-a. A licensed cider producer producing New York state labelled cider may:  (a) sell such cider to licensed farm distillers, farm  wineries,  farm cideries  and  farm breweries. 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;  (b)  conduct  tastings  at  the licensed premises of such cider or any other New York state labeled cider;  (c) sell such cider 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;  (d) sell and conduct tastings of such cider at retail for  consumption on  the  premises  of  a  restaurant,  conference  center,  inn, bed and breakfast or hotel business owned and operated by  the  licensee  in  or adjacent  to  its  farm  cidery.  A  licensee who operates a restaurant, conference center, inn, bed and breakfast  or  hotel  pursuant  to  such authority  shall  comply  with all applicable provisions of this chapter which relate to licenses to sell cider at retail for consumption on  the premises;  (e)  apply  for  a  permit  to conduct tastings away from the licensed premises of such cider. 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 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 cider,  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.   4.  Notwithstanding any provision of this chapter to the contrary, any one or more cider producer or wholesaler licensee,  singly  or  jointly, may  apply  to  the  liquor  authority for a license or licenses to sell cider at retail for consumption off the premises. The duration  of  such license  shall be coextensive with the duration of such licensee's cider producer or wholesaler license,  and  the  fee  therefor  shall  be  six hundred  forty  dollars  if  such  retail  premises is located in cities having a population of one million or more; in cities having  less  than one million population and more than one hundred thousand, three hundred twenty  dollars;  and  elsewhere,  the sum of one hundred sixty dollars. Such license shall entitle the holder thereof  to  sell  at  retail  for consumption  off  the  premises  any New York state labelled cider. Such license shall also entitle the holder thereof to conduct cider  tastings on  such  licensed  premises and charge for such tastings. Not more than five such licenses shall be issued to any  licensed  cider  producer  or wholesaler. All other provisions of this chapter relative to licenses to sell cider at retail for consumption off the premises shall apply so far as  applicable  to  such  application.  The  liquor  authority is hereby authorized to adopt such rules as it may deem necessary to carry out the purpose of this subdivision, provided that all licenses issued  pursuant to  this  subdivision shall be subject to the same rules and regulations  as are applicable to the sale of cider at retail for consumption off the premises of the cider producer or wholesaler licensee.   5.  A cider producer shall manufacture at least fifty gallons of cider annually.