2012 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 4 - (50 - 57-A) SPECIAL PROVISIONS RELATING TO BEER
51-A - Farm brewery license.


NY Alcoh Bev Ctrl L § 51-A (2012) What's This?
 
    § 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;
    (b)  sell  in  bulk beer and cider 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 and cider manufactured by the licensee to
  persons outside the state pursuant to the laws  of  the  place  of  such
  delivery;
    (d)  sell  beer  and cider manufactured by the licensee to wholesalers
  and retailers licensed in this  state  to  sell  such  beer  and  cider,
  licensed  farm distillers, licensed farm wineries and any other licensed
  farm brewery. All such beer and cider 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 and cider manufactured  by  the
  licensee or any other licensed farm brewery at retail for consumption on
  or off the licensed premises;
    (f)  conduct  tastings  at  the  licensed  premises  of beer and cider
  manufactured by the licensee or any other licensed farm brewery;
    (g) sell and conduct tastings of beer and cider  manufactured  by  the
  licensee or any other licensed farm brewery at retail for consumption on
  the  premises of a restaurant, conference center, inn, bed and breakfast
  or hotel business owned and operated by the licensee in or  adjacent  to
  its  farm  brewery.  A  licensee  who  operates a restaurant, conference
  center, inn, bed and breakfast or hotel pursuant to such authority shall
  comply with all applicable provisions of this chapter  which  relate  to
  licenses to sell beer at retail for consumption on the premises;
    (h)  sell  beer  and  cider  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 manufactured by a licensed  winery
  or licensed farm winery;
    (j)  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
    (k) 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 and cider  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 or 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 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 and cider 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.  No  farm  brewery  shall  manufacture in excess of sixty thousand
  finished barrels of beer 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.

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