2023 New York Laws › ABC - Alcoholic Beverage Control › Article 5 - Special Provisions Relating to Liquor › 61 - Distiller's Licenses.

§ 61. Distiller's  licenses.  1.  A  class A distiller's license shall
authorize the holder thereof to operate a distillery for the manufacture
of  liquors  by  distillation  or   redistillation   at   the   premises
specifically  designated  in  the  license.  Such  a  license shall also
authorize the sale in bulk by such licensee from the  licensed  premises
of  the products manufactured under such license to any person holding a
distiller's class  A  license,  a  distiller's  class  B  license  or  a
permittee  engaged  in  the  manufacture of products which are unfit for
beverage use. It  shall  also  authorize  the  sale  from  the  licensed
premises  and  from  one  other location in the state of New York of any
liquor whether or not manufactured by such licensee to  a  wholesale  or
retail  liquor  licensee  or  permittee in sealed containers of not more
than one quart each. Such license shall also authorize the sale  of  New
York  state  labelled  liquor  to licensed farm wineries, farm cideries,
farm distilleries and farm breweries in sealed containers  of  not  more
than  one  quart  each. Such license shall also include the privilege to
operate a rectifying plant under the same terms and  conditions  as  the
holder  of  a  class  B  distiller's  license without the payment of any
additional fee.
1-a. A class  A-1  distiller's  license  shall  authorize  the  holder
thereof  to  operate  a distillery which has a production capacity of no
more than seventy-five thousand gallons per year for the manufacture  of
liquors  by  distillation or redistillation at the premises specifically
designated in the license. Such a license shall also authorize the  sale
in  bulk  by  such  licensee  from the licensed premises of the products
manufactured under such license to any person holding a winery  license,
farm  winery license, distiller's class A license, a distiller's class B
license or a permittee engaged in the manufacture of products which  are
unfit  for  beverage  use.  It  shall  also  authorize the sale from the
licensed premises and from one other location in the state of  New  York
of liquors manufactured by such licensee to a wholesale or retail liquor
licensee  or  permittee  in sealed containers of not more than one quart
each. In addition, it shall authorize such licensee  to  sell  from  the
licensed  premises  New  York  state  labelled  liquors to licensed farm
wineries, farm breweries, farm distilleries and farm cideries in  sealed
containers  of  not more than one quart for retail sale for off-premises
consumption. Such license shall also include the privilege to operate  a
rectifying  plant under the same terms and conditions as the holder of a
class B-1 distiller's license without the payment of any additional fee.
2. A class B distiller's license shall authorize the holder thereof to
operate a rectifying plant  for  the  manufacture  of  the  products  of
rectification  by  purifying or combining alcohol, spirits, wine or beer
and the manufacture of gin and cordials by the redistillation of alcohol
or spirits over or  with  any  materials.  Such  a  license  shall  also
authorize  the  holder  thereof to blend, reduce proof and bottle on his
licensed premises or in a United States  customs  bonded  warehouse  for
which  a  warehouse  permit  has  been  issued  under  this  chapter for
wholesale liquor licensees or for persons authorized to sell  liquor  at
wholesale  pursuant  to  the  laws  and  regulation  of any other state,
territorial possession of the United States or  foreign  country  liquor
received  in  bulk  by  such  wholesalers from other states, territorial
possessions of the United States or a foreign country, and  to  rebottle
or  recondition  for  wholesale  liquor or wine licensees or for persons
authorized to sell liquor or wine at wholesale pursuant to the laws  and
regulations  of  any  other  state, territorial possession of the United
States or foreign country,  liquor  or  wine  manufactured  outside  the
state,  which  was  purchased and received by such wholesalers in sealed
containers not exceeding one quart each of  liquor  or  fifteen  gallons

each  of  wine.  Such  a  license shall also authorize the sale from the
licensed premises of the products manufactured by  such  licensee  to  a
wholesale  or  retail licensee in sealed containers of not more than one
quart each.
2-a.  A class C distiller's license shall authorize the holder thereof
to operate a distillery for the manufacture only of fruit brandy and the
sale of such product by such licensee to a wholesale or retail  licensee
in  sealed  containers  of  not more than one quart each. Such a license
shall also authorize the sale in  bulk  of  fruit  brandy  to  a  winery
licensee,  to  a  farm  winery  licensee,  to  the  holder  of a class B
distiller's license or to a permittee  engaged  in  the  manufacture  of
products  which  are unfit for beverage use. It shall also authorize the
sale from the licensed premises and from one other location in the state
of any fruit brandy whether or not manufactured by such  licensee  to  a
wholesale or retail liquor licensee or permittee in sealed containers of
not  more  than  one  quart  each.  In addition, it shall authorize such
licensee to sell from the licensed  premises  New  York  state  labelled
liquors  to a farm winery licensee in sealed containers of not more than
one quart for retail sale for off-premises consumption.
2-b. A class  B-1  distiller's  license  shall  authorize  the  holder
thereof to operate a rectifying plant which has a production capacity of
no  more than seventy-five thousand gallons per year for the manufacture
of the products of rectification  by  purifying  or  combining  alcohol,
spirits,   wine,  or  beer  and  the  manufacture  of  cordials  by  the
redistillation of alcohol or spirits over or with any materials. Such  a
license  shall  also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a  warehouse  permit  has  been  issued  under  this
chapter for wholesale liquor licensees or for persons authorized to sell
liquor  at  wholesale  pursuant  to the laws and regulation of any other
state, territorial possession of the United States  or  foreign  country
liquor   received  in  bulk  by  such  wholesalers  from  other  states,
territorial possessions of the United States or a foreign  country,  and
to rebottle or recondition for wholesale liquor or wine licensees or for
persons  authorized  to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession  of  the
United  States  or  foreign country, liquor or wine manufactured outside
the state, which was purchased  and  received  by  such  wholesalers  in
sealed  containers  not  exceeding  one  quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale  from
the licensed premises of the products manufactured by such licensee to a
wholesale  or  retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to  sell  from
the  licensed  premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
2-c. (a) A class D distiller's license,  otherwise  known  as  a  farm
distillery  license,  shall  authorize  the  holder of such a license to
operate a farm distillery at the premises specifically designated in the
license:
(i) To manufacture liquor primarily from farm and  food  products,  as
defined  in  subdivision  two  of  section two hundred eighty-two of the
agriculture and markets law;
(ii) To put such liquor into containers of not  more  than  one  quart
each,  which  containers shall then be sealed and to sell such liquor at
wholesale, for resale, and to licensed  farm  wineries,  farm  cideries,
farm  breweries  and  other  farm  distilleries,  wholesale  and  retail
licensees, and permittees;
(iii) To sell at retail, for personal use, in such sealed containers;
(iv)  To sell in bulk, liquor manufactured by the licensee to a winery
or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C
distiller's license, or to the holder of a  permit  issued  pursuant  to
paragraph c of subdivision one of section ninety-nine-b of this chapter;
(v)  To  conduct  tastings of and sell at retail for consumption on or
off the premises New York state labelled beer manufactured by a licensed
brewer or licensed farm brewery;
(vi) To conduct tastings of and sell at retail for consumption  on  or
off  the  premises  New  York  state  labelled  cider  manufactured by a
licensed brewer, licensed farm brewery, licensed farm  winery,  licensed
cider producer or licensed farm cidery;
(vii)  To 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;
(viii) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled mead manufactured by  a  person
licensed to produce mead under this chapter; and
(ix)  To  conduct tastings of and sell at retail for consumption on or
off the premises New York  state  labelled  braggot  manufactured  by  a
person licensed to produce braggot under this chapter.
(b)(i)  Retail sales by a licensed farm distillery may be made only to
customers who are physically present upon the licensed premises and such
sale shall be concluded by the customer's taking, with him  or  her,  of
the sealed containers purchased by the customer at the time the customer
leaves the licensed premises except as provided for in subparagraph (iv)
of this paragraph;
(ii)  Such retail sales shall not be made where the order is placed by
letter, telephone, fax or e-mail, or where the customer  otherwise  does
not  place  the  order while the customer is physically present upon the
premises of the licensed premises except as provided for in subparagraph
(iv) of this paragraph;
(iii) Such retail sales shall not be made where the contemplated  sale
requires  the  licensee  to  transport or ship by common carrier, sealed
containers of liquor to a customer;
(iv) A licensed farm distillery may apply to the liquor authority  for
a  permit  to  sell  liquor  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 distillery must be present  at  the
time of sale.
(c) A licensed farm distillery may conduct upon the licensed premises,
or  at  approved  locations  as  permitted  in  subdivision  six of this
section, consumer tastings of liquor manufactured by  the  licensee  and
from no more than three other class A, A-1, B, B-1, C or D distilleries,
subject to the following limitations:
(i) Only liquor manufactured primarily from farm and food products, as
defined  in  subdivision  two  of  section two hundred eighty-two of the
agriculture and markets law, shall be used in the tastings;
(ii) An official agent, servant or employee of the licensee  shall  be
physically  present  at  all  times  during  the conduct of the consumer
tasting of liquor;
(iii) No consumer may be provided, directly or  indirectly:  (A)  more
than  three  samples  of  liquor for tasting in one calendar day; or (B)
with a sample of liquor for tasting equal to more than one-quarter fluid
ounce;
(iv) Any liability stemming from a right of action  resulting  from  a
consumer   tasting  of  liquor  authorized  by  this  paragraph  and  in

accordance with the provisions of sections  11-100  and  11-101  of  the
general obligations law, shall accrue to the licensee.
(d) Notwithstanding any other provision of this chapter, the authority
may  issue a farm distillery license to the holder of a class A, A-1, B,
B-1 or C distiller's license, a winery license or a farm winery  license
for  use at such licensee's existing licensed premises. For the purposes
of this chapter, the  premises  of  the  class  A,  A-1,  B,  B-1  or  C
distillery,  winery  or  farm winery shall be considered the premises of
the farm distillery. The  holder  of  a  farm  distillery  license  that
simultaneously holds a winery, farm winery or any class of a distiller's
license  on  the  same  premises may share and use the same tasting room
facilities to conduct wine and liquor tastings  that  such  licensee  is
otherwise authorized to conduct.
(e)  Notwithstanding  any  other provision of law to the contrary, the
holder of  a  farm  distillery  license  may  (i)  sell  at  retail  for
consumption  on  the  licensed  premises, any liquor manufactured by the
licensee or any New York state labeled liquor.  Provided,  however,  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:
sandwiches,  soups  or  other  such  foods,  whether  fresh,  processed,
pre-cooked  or  frozen;  and/or  food  items  intended to compliment 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: cheese, fruits, vegetables, chocolates, breads, mustards and
crackers.  All of the provisions of this chapter relative to licenses to
sell liquor at retail for consumption on the premises shall apply so far
as applicable to such licensee; 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,
liquor  manufactured  by  the  licensee  and  any New York state labeled
liquor. All of the provisions of this chapter relative  to  licenses  to
sell liquor at retail for consumption on the premises shall apply so far
as  applicable  to such licensee. Notwithstanding any other provision of
law, the licensee 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.
(f) No holder of a farm distillery license shall manufacture in excess
of seventy-five thousand gallons of liquor annually. In the case of  the
holder of a class A, A-1, B, B-1 or C distiller's license who operates a
farm  distillery  on the same premises, the liquor manufactured pursuant
to the farm distillery license shall not be considered with  respect  to
any  limitation  on  the volume that may be manufactured by the class A,
A-1, B, B-1 or C distillery.
(g) The holder of a license issued under this subdivision may  operate
up  to one branch office located away from the licensed farm distillery.
Such location shall be considered part of the licensed premises and  all
activities  allowed  at  and  limited  to  the  farm  distillery  may be
conducted at the branch office. Such branch office 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.
(h)  A  farm  distillery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as  nuts,
popcorn,  mulling  spices  and other spirits related food 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
liquor. These gift items shall be limited to the following categories:
(i)  non-alcoholic  beverages  for  consumption  on  or  off premises,
including but not limited to bottled water, juice and soda beverages;
(ii) food items for the  purpose  of  complementing  liquor  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,  mustards
and crackers;
(iii)  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 liquor related products;
(iv) liquor supplies and accessories, which  shall  include  any  item
utilized  for  the  storage,  serving  or  consumption  of liquor or for
decorative purposes. These supplies may be sold as single items  or  may
be combined into a package containing liquor;
(v)  liquor-making  equipment  and supplies including, but not limited
to, filters, bottling equipment, and books or other written material  to
assist spirits makers to produce and bottle liquor; and
(vi)  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.
(i)  Notwithstanding  any  provision  of  law to the contrary, another
business or other  businesses  may  operate  on  the  licensed  premises
subject  to  such  rules  and  regulations  as  the liquor 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 distillery premises, provided however
that a retailer business  licensed  under  this  chapter  shall  not  be
permitted to operate at a licensed manufacturing premises.
3.  A  distiller's  license of any class shall not authorize more than
one of said activities, namely, that of a distillery, a rectifying plant
or a fruit brandy distillery, and a separate license shall  be  required
for  each  such  activity, except as provided in subdivision one of this
section.
4. Any person may apply to the  liquor  authority  for  a  distiller's
license  as  provided  for in this section. 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.
5. No distiller shall be engaged in any other business on the licensed
premises.  No  distiller shall sell or agree to sell any liquor, alcohol
or spirits to any wholesaler or any retailer who is  not  duly  licensed
under  this  article  to sell liquor, alcohol or spirits at wholesale or
retail at the time of such agreement and sale or sell or agree  to  sell
any  liquor,  alcohol  or  spirits  to  persons outside the state except
pursuant to the laws of the place of such sale or delivery.
6. Any person having applied for and received  a  license  as  a  farm
distillery  under  this  section may conduct consumer tastings of liquor
pursuant to rules or regulations promulgated by  the  liquor  authority,
and  subject  to the limitations set forth in paragraph c of subdivision
two-c  of this section at the state fair, at recognized county fairs and
at farmers' markets operated on a not-for-profit basis.
7. Any person licensed under this section shall manufacture  at  least
fifty gallons of liquor per year.
8.  Notwithstanding any other provision of law to the contrary, a farm
distillery licensed under subdivision two-c of this section  may  engage
in  custom  liquor  production  for  a non-licensed individual under the
following conditions:
(a) the licensee may allow such non-licensed individual to  assist  in
the production of such custom liquors;
(b)   the  licensee  shall  only  sell  such  custom  liquor  to  such
non-licensed individual for that individual's personal  or  family  use,
and not for resale;
(c) the brand label of such custom liquor shall clearly state that the
product is not for resale;
(d)  such  custom  liquor  shall  not  be offered for sale pursuant to
section ninety-nine-g of this chapter;
(e) any tastings conducted  pursuant  to  this  subdivision  shall  be
subject  to the provisions of paragraph (c) of subdivision two-c of this
section;
(f) the licensee or an employee or agent  of  the  licensee  shall  be
present  at  all  times when the non-licensed individual is assisting in
the production of the custom liquor;
(g) the licensee shall be responsible for obtaining  approval  of  the
liquor's  brand  label  pursuant  to section one hundred seven-a of this
chapter and the payment of all taxes due before  the  custom  liquor  is
delivered to the non-licensed individual;
(h)  any  custom  liquor produced under this subdivision must be a New
York labelled liquor as defined in subdivision twenty-c of section three
of this chapter; and
(i) any custom liquor produced under this subdivision shall be counted
toward the maximum production  limit  set  forth  in  paragraph  (f)  of
subdivision two-c of this section.
9.  (a)  The  holder of a license issued under subdivision one, one-a,
two, two-a or two-b of this  section  may,  at  the  licensed  premises,
conduct  tastings  of,  and sell at retail for consumption on or off the
licensed premises, any liquor manufactured by the licensee  or  any  New
York  state  labeled  liquor.  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 subdivision:  (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
liquor at retail for consumption on and off the premises shall apply  so
far as applicable to such licensee.
(b)(i)  Sales  for  off-premises  consumption  may  be  made  only  to
customers who are physically present upon the licensed premises and such
sale shall be concluded by the customer's taking, with him  or  her,  of

the sealed containers purchased by the customer at the time the customer
leaves the licensed premises.
(ii)  Sales  for  off-premises consumption shall not be made where the
order is placed by letter,  telephone,  fax  or  e-mail,  or  where  the
customer  otherwise  does  not  place  the  order  while the customer is
physically present upon the premises of the licensed premises.
(iii) Sales for off-premises consumption shall not be made  where  the
contemplated  sale  requires the licensee to transport or ship by common
carrier, sealed containers of liquor to a customer.