2006 New York Code - Brewer\'s License.

 
    § 51. Brewer's  license.  1.  Any  person  may  apply  to  the  liquor
  authority for a license to brew beer within this state  for  sale.  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. 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. Such a license shall authorize the sale from the licensed  premises
  of  the  beer  brewed  by  such  licensee  to duly licensed wholesalers,
  retailers and permittees in this state, and to sell or deliver such beer
  to persons outside the state pursuant to the laws of the place  of  such
  sale  or  delivery.  A person holding a brewer's license may apply for a
  license to sell beer brewed by him at wholesale at premises  other  than
  those  designated  in  the  brewery  license  and the provisions of this
  article  relative  to  wholesaler's  licenses  shall  apply  so  far  as
  applicable to such application.
    3.  A  licensed  brewer may, under such rules as may be adopted by the
  liquor authority, sell beer 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.
    4. A licensed brewer may apply to the liquor authority for  a  license
  to  sell  beer, wine or liquor at retail for consumption on the premises
  in a restaurant owned by him and conducted and operated  by  him  in  or
  adjacent  to the brewery for which he is licensed. All of the provisions
  of this chapter relative to licenses to sell beer,  wine  or  liquor  at
  retail  for consumption on the premises shall apply so far as applicable
  to such application.
    5. Except as otherwise provided in subdivisions three and four of this
  section and except as provided in section fifty-two no brewer shall sell
  any beer, wine or liquor at retail.
    7. 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 on by any person licensed as a
  brewer under this chapter, 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  sirup,
  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; and (e) package, bottle,
  sell and deliver wine products. If any licensed brewer desires to engage
  in any of  the  foregoing  activities  which  (a)  require  the  use  of
  by-products   or  wastage  from  the  production  of  beer,  or  utilize
  buildings, room-areas or equipment not fully employed in the  production
  of  beer; or (b) are reasonably necessary to realize the maximum benefit
  from the premises and equipment  and  to  reduce  the  overhead  of  the
  brewery;  or  (c)  are  in  the  public  interest  because  of emergency
  conditions; or (d) involve experiments or research projects  related  to
  equipment, materials, processes, products, by-products or wastage of the
  brewery,  he  shall  submit  an  application  so  to  do  to  the liquor
  authority, on forms prescribed and furnished by  it.  If  the  authority
  determines  that  the  activities  specified in the application will not
  impede the effective administration of the  alcoholic  beverage  control
  law,  it  may  approve such application, subject to such restrictions or
  modifications, and in such manner and form as it may determine,  and  no
  brewer  licensed  under this chapter shall engage in any such activities
  without the prior approval of the authority.  The  liquor  authority  is
  hereby  authorized  to  adopt  such  rules  and  regulations  as  it may
  determine necessary to effectuate the provisions of this subdivision.