2006 New York Code - Cider Producers\' Or Wholesalers\' License.

 
    § 58. Cider  producers'  or  wholesalers'  license.  1. Any person may
  apply to the liquor authority for a  cider  producers'  or  wholesalers'
  license  as  provided for in this subdivision. Such application shall be
  in writing 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 subdivision 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. A  license  issued  under
  this  subdivision  shall  authorize  the  licensee  to manufacture cider
  within the licensed premises in this state for sale in bottles,  barrels
  or  casks  to beer, wine and liquor retail licensee and/or to sell cider
  at wholesale from the licensed premises to such licensees and to holders
  of licenses under this section in bottles, barrels or casks and to  sell
  and  deliver  cider to persons outside the state pursuant to the laws of
  the place of such sale or delivery. The annual fee for  such  a  license
  shall  be  one  hundred twenty-five dollars. The provisions contained in
  section sixty-seven of this chapter shall apply to all  licenses  issued
  pursuant to this article.
    2. (a) Any person licensed pursuant to subdivision one of this section
  may  conduct  cider  tastings  of  New  York  state  labelled  ciders in
  establishments licensed pursuant to section sixty-three of this  chapter
  to  sell  alcoholic  beverages  for off-premises consumption. Such cider
  producer or wholesaler may charge a fee of  not  more  than  twenty-five
  cents   for  each  cider  sample  tasted.  The  liquor  authority  shall
  promulgate rules  and  regulations  relating  to  the  conduct  of  such
  tastings.
    (b)  Any  person  licensed pursuant to subdivision one of this section
  may conduct cider tastings of New York state labelled ciders  and  apply
  to  the  liquor  authority  for  a permit to sell cider produced by such
  cider producer or wholesaler, by the bottle,  during  such  tastings  in
  establishments  licensed  pursuant to section sixty-four of this chapter
  to sell alcoholic beverages for consumption on the premises. Such  cider
  producer  or  wholesaler  may  charge a fee of not more than twenty-five
  cents  for  each  cider  sample  tasted.  The  liquor  authority   shall
  promulgate rules and regulations relating to the conduct of tastings.
    (c)  Cider  tastings  shall  be  conducted  subject  to  the following
  limitations:
    (i)  cider  tastings  shall  be  conducted  by  an   official   agent,
  representative   or   solicitor  of  one  or  more  cider  producers  or
  wholesalers. 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
  cider  tasting  as  authorized  pursuant  to  this  subdivision  and  in
  accordance with the provisions of sections  11-100  and  11-101  of  the
  general   obligations  law,  shall  accrue  to  the  cider  producer  or
  wholesaler licensee.
    3. Notwithstanding any provision of this chapter to  the  contrary,  a
  licensed  cider producer or wholesaler may apply to the liquor authority
  for a permit to sell New York state labelled cider  by  the  bottle  and
  conduct cider tastings at the state fair, at recognized county fairs and
  at farmers markets operated on a not-for-profit basis. As a condition of
  such  permit,  an  agent,  representative  or  solicitor  from the cider
  producer or wholesaler shall be present at the time of sale or tastings.
    4. Notwithstanding any provision of this chapter to the contrary,  any
  one  or  more  cider producer or wholesaler licensee, singly or jointly,
  may apply to the liquor authority for a  license  or  licenses  to  sell
  cider  at  retail for consumption off the premises. The duration of such
  license shall be coextensive with the duration of such licensee's  cider
  producer  or  wholesaler  license,  and  the  fee  therefor shall be six
  hundred forty dollars if such  retail  premises  is  located  in  cities
  having  a  population of one million or more; in cities having less than
  one million population and more than one hundred thousand, three hundred
  twenty  dollars;  and  elsewhere,  the sum of one hundred sixty dollars.
  Such license shall entitle the holder thereof  to  sell  at  retail  for
  consumption  off  the  premises  any New York state labelled cider. Such
  license shall also entitle the holder thereof to conduct cider  tastings
  on  such  licensed  premises and charge for such tastings. Not more than
  five such licenses shall be issued to any  licensed  cider  producer  or
  wholesaler. All other provisions of this chapter relative to licenses to
  sell cider at retail for consumption off the premises shall apply so far
  as  applicable  to  such  application.  The  liquor  authority is hereby
  authorized to adopt such rules as it may deem necessary to carry out the
  purpose of this subdivision, provided that all licenses issued  pursuant
  to  this  subdivision shall be subject to the same rules and regulations
  as are applicable to the sale of cider at retail for consumption off the
  premises of the cider producer or wholesaler licensee.