2023 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.