2013 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;
    * NB Effective until January 15, 2014
    * (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, licensed farm cideries
  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;
    * NB Effective January 15, 2014
    (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
    * NB Effective until January 15, 2014
    * (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;
    * NB Effective January 15, 2014
    * (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.
    * NB Effective until January 15, 2014
    * (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
    * NB Effective January 15, 2014
    * (l) 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.
    * NB Effective January 15, 2014
    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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