NY Alcoh Bev Ctrl L § 31 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 3 - Special Provisions Relating to Mead and Braggot 31 - Farm Meadery License.

§  31.  Farm meadery license. 1. Any person may apply to the authority for a farm meadery license as provided for in this  section  to  produce mead  and  braggot 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 in the amount of seventy-five dollars. 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 mead and braggot in the premises therein specifically licensed.   2. A farm meadery  license  shall  authorize  the  holder  thereof  to operate  a  meadery  for the manufacture of New York state labelled mead and New York state labelled braggot. Such a license shall also authorize the licensee to:  (a) sell in bulk mead 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;  (b) sell or deliver mead and braggot manufactured by the  licensee  to persons  outside  the  state  pursuant  to the laws of the place of such delivery;  (c) sell mead and braggot manufactured by the licensee to  wholesalers and  retailers  licensed  in  this  state  to sell such mead and braggot pursuant  to  section  thirty-three  of  this  article,  licensed   farm distillers,  licensed  farm  wineries,  licensed wineries, licensed farm breweries and any other licensed farm meadery. All such mead 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;  (d) (i) at the licensed premises, conduct tastings  of,  and  sell  at retail  for  consumption  on  or off the licensed premises, any mead and braggot manufactured by the licensee or any New York state labelled mead or New York state labelled braggot. 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 mead and braggot 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,  mead and braggot manufactured by the licensee and any New York state labelled mead  or  New  York state labeled braggot. All of the provisions of this chapter relative to licensees to selling  mead  and  braggot  at  retail shall  apply.  Notwithstanding  any other provision of law, the licensed farm meadery 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;  (e)  sell  mead  and braggot manufactured by the licensee or any other licensed farm meadery 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;  (f)  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;  (g)  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;  (h)  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; and  (i) 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 meadery licensee.   3.  (a)  A  farm  meadery  licensee  may apply for a permit to conduct tastings away from the licensed premises of mead 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 meaderies. 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 mead 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 meadery.   4. A licensed farm meadery holding a tasting permit issued pursuant to subdivision three of this section may  apply  to  the  authority  for  a permit to sell mead produced by such farm meadery, by the bottle, during such   tastings   in  premises  licensed  under  section  sixty-four  or sixty-four-a of this chapter; or apply to the authority for a permit  to sell  such  mead  and/or  braggot  at  a premises licensed under section eighty-one or 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 meadery may, under such rules as may be adopted by the authority, sell mead and braggot manufactured by the licensee or any other licensed farm meadery 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 meadery 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,  conducted, and operated by the licensee in or adjacent to its farm meadery. 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 meadery  license  shall  authorize  the  holder  thereof  to manufacture, bottle and sell food condiments and products such as honey, mustards,  sauces,  jams, jellies, mulling spices and other mead 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 mead and braggot. 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  mead  and  braggot 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 mead and/or braggot related products;  (d) mead and braggot supplies and accessories, which shall include any item utilized for the storage, serving or consumption of mead or braggot or for decorative purposes. These supplies may be sold as  single  items or may be combined into a package containing mead and/or braggot;  (e)  mead-making  and braggot-making equipment and supplies including, but not limited to, honey, home mead-making kits,  braggot-making  kits, pumps,  filters, yeasts, chemicals and other mead and braggot additives, bottling equipment, bottles, mead and  braggot  storage  and  fermenting vessels,  barrels,  and  books  or  other  written  material  to  assist mead-makers and braggot-makers and home mead-makers  and  braggot-makers to produce and bottle mead and braggot;  (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 meadery 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  meadery.  Such locations  shall  be  considered  part  of the licensed premises and all activities allowed at and limited to the farm meadery 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  meadery shall manufacture in excess of two hundred fifty thousand gallons of mead and/or braggot annually.  (b) A licensed farm meadery shall produce at least  fifty  gallons  of mead and/or braggot annually.   11.  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 mead producer for the purposes of alternation.   12. Notwithstanding any other provision of this chapter, the authority may  issue  a farm meadery license to the holder of a farm meadery, farm brewery, farm winery  or  farm  distiller's  license  for  use  at  such licensee's  existing  licensed  premises.  The holder of a farm meadery, farm  brewery,  farm   winery   or   farm   distiller's   license   that simultaneously  holds a farm meadery 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.   13.  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 mead and braggot production and of tourism  in  New York,  thereby promoting the conservation, production and enhancement of New York state agricultural lands.