2023 New York Laws › ABC - Alcoholic Beverage Control › Article 4 - Special Provisions Relating to Beer › 52 - Custom Beermakers' Center.

§  52.  Custom  beermakers'  center.  1.  Any  person may apply to the
authority on or before December thirty-first, two thousand nineteen  for
a  custom  beermakers' center license as provided for in this section to
operate a custom beermakers' center  facility  and  provide  individuals
with  rental  space, the use of equipment and storage facilities, and/or
beer making supplies for the production of beer 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  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  beer  for
personal household use in the premises therein specifically licensed.
2. For the purposes of this section, "beer making supplies" shall mean
hops,  grains, malted grains, wort, sugars, yeasts, water, fruits, fruit
juices, and other agricultural products including, but not  limited  to,
honey  and flowers, that are grown or produced in the state of New York,
in quantity amounts as determined by the authority and shall be governed
by paragraph (b) of subdivision eleven of section  fifty-one-a  of  this
article.
3.  A  custom  beermakers'  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 beer making
supplies to manufacture beer for personal household  use  provided  that
the   manufacture   and   production  of  beer  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 beer for
personal household use, to:
(a) conduct training classes on how to manufacture beer; and
(b) conduct beer tastings for those individuals  taking  such  classes
and/or using such facility for brewing purposes 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  beer  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 custom beermakers' center.
4. The custom beermakers' 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 beer at any such center for all
individuals  making  beer  at  such  premises,  pursuant  to  a   custom
beermakers'  center  license, shall not exceed the production limits set
by the authority that are commensurate with a non-commercial  production
facility.  Provided  that  such  aggregate production limit shall not be
offset by beer produced at such facility under  a  brewer's  license  or
farm brewery license.
7.  Notwithstanding any other provision of this chapter, the authority
may issue a custom beermakers' center license to the holder  of  a  farm
brewery  or brewery 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 beer produced by each individual at the facility
pursuant to the rules of the authority.