2023 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.
14. 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 meadery premises, provided however that
a retailer business licensed under this chapter shall not  be  permitted
to operate at a licensed manufacturing premises.