2023 New York Laws › ABC - Alcoholic Beverage Control › Article 4 - Special Provisions Relating to Beer › 51-A - Farm Brewery License.

§ 51-a. Farm brewery license. 1. Any person may apply to the authority
for  a farm brewery license as provided for in this section to brew beer
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  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 brew beer in the  premises
therein specifically licensed.
2.  A  farm  brewery  license  shall  authorize  the holder thereof to
operate a brewery for the manufacture of New York state  labelled  beer.
Such a license shall also authorize the licensee to:
(a)  manufacture  New  York  state  labelled  cider and New York state
labeled braggot;
(b) sell in bulk beer, cider, 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;
(c)  sell  or  deliver  beer,  cider,  and braggot manufactured by the
licensee to persons outside the state pursuant to the laws of the  place
of such delivery;
(d)  sell  beer,  cider,  and  braggot manufactured by the licensee to
wholesalers and retailers licensed in this  state  to  sell  such  beer,
cider,  and  braggot,  licensed farm distillers, licensed farm wineries,
licensed farm cideries, licensed farm meaderies and any  other  licensed
farm  brewery.  All  such  beer, cider, 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;
(e)   sell   at   the  licensed  premises  beer,  cider,  and  braggot
manufactured by the licensee or any other  licensed  farm  brewery,  and
wine  and  spirits  manufactured  by  any  licensed  farm winery or farm
distillery, at retail for consumption on or off the licensed premises;
(f) conduct tastings at the licensed  premises  of  beer,  cider,  and
braggot manufactured by the licensee or any other licensed farm brewery;
(g) 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,  beer,
cider,  and  braggot manufactured by the licensee and any New York state
labeled beer, New York state labeled braggot or New York  state  labeled
cider.  All  of  the  provisions of this chapter relative to licenses to
sell beer, cider, and braggot at retail for consumption on and  off  the
premises   shall   apply   so   far  as  applicable  to  such  licensee.
Notwithstanding any other provision of law, the  licensed  farm  brewery
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;
(h)  sell beer, cider, and braggot manufactured by the licensee or any
other licensed farm brewery 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;
(i) conduct tastings of and sell at retail  for  consumption  off  the
premises  New York state labelled wine and mead manufactured by a person
licensed to produce wine or mead under this chapter;
(j) conduct tastings of and sell at retail  for  consumption  off  the
premises  New York state labelled cider manufactured by a licensed cider
producer or licensed farm cidery;
(k) conduct tastings of and sell at retail  for  consumption  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
(l) conduct tastings of and sell at retail  for  consumption  off  the
premises  New  York  state  labelled  braggot  manufactured  by a person
licensed to produce braggot under this chapter; and
(m) 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 brewery licensee.
3.  (a)  A  farm  brewery  licensee  may apply for a permit to conduct
tastings away from the licensed premises of  beer,  cider,  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 breweries. 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  beer,  cider,  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 brewery.
4. A licensed farm brewery holding a tasting permit issued pursuant to
subdivision  three  of  this  section  may  apply to the authority for a
permit to sell beer, cider, and braggot produced by such  farm  brewery,
by  the bottle, during such tastings in premises licensed under sections
sixty-four, sixty-four-a, eighty-one and 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 brewery may, under such rules as may be adopted  by
the  authority,  sell  beer or cider manufactured by the licensee or any
other licensed farm brewery 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 brewery may apply to the authority for a license to
sell liquor and/or wine at retail for consumption on the premises  in  a
restaurant owned by him and conducted and operated by the licensee in or
adjacent  to  its  farm  brewery.  All of the provisions of this chapter
relative to licenses to sell liquor or wine at retail or consumption  on
the premises shall apply so far as applicable.
7.  A  farm  brewery  license  shall  authorize  the holder thereof to
manufacture, bottle and  sell  food  condiments  and  products  such  as
mustards,  sauces,  hop  seasonings,  beer nuts, and other hops and beer
related foods in addition to  beer  and  hop  soaps,  hop  pillows,  hop
wreaths  and  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 beer. 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  beer  and  cider
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;
(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 cider, beer and/or hop related products;
(d) beer supplies  and  accessories,  which  shall  include  any  item
utilized  for  the  storage,  serving  or  consumption  of  beer  or for
decorative purposes. These supplies may be sold as single items  or  may
be combined into a package containing beer;
(e)  beer-making equipment and supplies including, but not limited to,
home beer-making or homebrewing kits, filters, bottling equipment, hops,
barley, yeasts, chemicals and other beer additives, and books  or  other
written   material   to  assist  beer-makers  and  home  beer-makers  or
homebrewers to produce and bottle beer;
(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 brewery 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 brewery. Such
locations shall be considered part of  the  licensed  premises  and  all
activities  allowed  at and limited to the farm brewery 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 brewery shall manufacture in  excess  of  seventy-five
thousand finished barrels of beer, cider, and braggot annually.
(b)  A  farm brewery shall manufacture at least fifty barrels of beer,
cider, and braggot annually.
11. (a) Except as provided in paragraph (b) of  this  subdivision,  no
licensed  farm brewery shall manufacture or sell any beer other than New
York state labelled beer.
(b) In the event that the commissioner  of  agriculture  and  markets,
after  investigating  and  compiling information pursuant to subdivision
forty-two of  section  sixteen  of  the  agriculture  and  markets  law,
determines  that  a  natural  disaster, act of God, or continued adverse
weather condition has destroyed much of the  necessary  ingredients  for
brewing  beer,  such  commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm brewery to
manufacture or sell beer produced from  ingredients  grown  or  produced
outside  this  state.  No  such authorization shall be granted to a farm
brewery licensee unless such licensee certifies to such commissioner the
quantity of New York grown ingredients unavailable to such licensee  due

to  such  natural  disaster,  act  of  God or continuing adverse weather
condition and satisfies such commissioner that reasonable  efforts  were
made to obtain brewing ingredients from a New York state source for such
beer  making  purpose.  No  farm  brewery  shall  utilize  an  amount of
out-of-state grown or produced ingredients exceeding the amount  of  New
York  grown ingredients that such brewery is unable to obtain due to the
destruction of New York grown  or  produced  ingredients  by  a  natural
disaster,  act  of  God  or  continuing  adverse  weather  condition  as
determined by the commissioner of agriculture and  markets  pursuant  to
this  subdivision.  For  purposes of this subdivision, the department of
agriculture and markets and the authority are authorized to adopt  rules
and  regulations  as they may deem necessary to carry out the provisions
of this subdivision which shall include ensuring that  in  manufacturing
beer  farm  breweries  utilize ingredients grown or produced in New York
state to the extent they are reasonably available,  prior  to  utilizing
ingredients from an out-of-state source for such purpose.
(c)  The  commissioner of agriculture and markets shall make available
to farm breweries and  to  the  public  each  specific  ingredient  loss
determination issued pursuant to paragraph (b) of this subdivision on or
before August twentieth of each year.
(d)  In  the  event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to  August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
each  year  results  in  any  ingredient  loss which meets the standards
provided in paragraph (b)  of  this  subdivision,  the  commissioner  of
agriculture  and  markets,  in  consultation  with  the  chairman of the
authority, may issue additional ingredient loss determinations and shall
expeditiously make available to farm breweries and to  the  public  each
specific ingredient loss determination issued pursuant to this paragraph
prior to October tenth of each year.
12.  (a)  Except  as provided in paragraph (b) of this subdivision, no
licensed farm brewery shall manufacture or sell any cider other than New
York state labelled cider.
(b) In the event that the commissioner  of  agriculture  and  markets,
after  investigating  and  compiling information pursuant to subdivision
forty-two of  section  sixteen  of  the  agriculture  and  markets  law,
determines  that  a  natural  disaster, act of God, or continued adverse
weather condition has destroyed much of the  apple  crop  necessary  for
producing cider, such commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm brewery to
manufacture or sell cider produced from apples grown outside this state.
No such authorization shall be granted to a farm brewery licensee unless
such  licensee  certifies  to such commissioner the quantity of New York
grown apples unavailable to such licensee due to such natural  disaster,
act  of  God  or continuing adverse weather condition and satisfies such
commissioner that reasonable efforts were made to obtain apples  from  a
New  York  state  source  for such cider making purpose. No farm brewery
shall utilize an amount  of  out-of-state  grown  apples  exceeding  the
amount  of  New  York grown apples that such brewery is unable to obtain
due to the destruction of New York grown apples by a  natural  disaster,
act  of God or continuing adverse weather condition as determined by the
commissioner of agriculture and markets pursuant  to  this  subdivision.
For  purposes  of  this  subdivision,  the department of agriculture and
markets and the authority are authorized to adopt rules and  regulations
as  they  may  deem  necessary  to  carry  out  the  provisions  of this
subdivision which shall include ensuring  that  in  manufacturing  cider
farm breweries utilize apples grown in New York state to the extent they

are reasonably available, prior to utilizing apples from an out-of-state
source for such purpose.
(c)  The  commissioner of agriculture and markets shall make available
to  farm  breweries  and  to  the  public  each  specific   apple   loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.
(d)  In  the  event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to  August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of  each  year  results in any apple crop loss which meets the standards
provided in paragraph (b)  of  this  subdivision,  the  commissioner  of
agriculture  and  markets,  in  consultation  with  the  chairman of the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm breweries and  to  the  public  the
loss  determination  issued  pursuant to this paragraph prior to October
tenth of each year.
13. 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,   malt,  malt  syrup,  and  other
by-products;
(b) dry spent grain from the brewery;
(c) recover carbon dioxide and yeast;
(d) store bottles, packages and supplies necessary  or  incidental  to
all such operations;
(e) package, bottle, sell and deliver wine products;
(f)  allow for the premises including space and equipment to be rented
by a licensed tenant brewer for the purposes of alternation.
14. Notwithstanding any other provision of this chapter, the authority
may issue a farm brewery license to the holder of a farm winery or  farm
distiller's  license  for  use  at  such  licensee's  existing  licensed
premises. The holder of a farm winery or farm distiller's  license  that
simultaneously  holds a farm brewery 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.
15.  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 beer and cider production and  of  tourism  in  New
York,  thereby promoting the conservation, production and enhancement of
New York state agricultural lands.
16. 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 brewery premises, provided however that
a retailer business licensed under this chapter shall not  be  permitted
to operate at a licensed manufacturing premises.