2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 4 - (50 - 57-A) SPECIAL PROVISIONS RELATING TO BEER
51 - Brewer's license.


NY Alcoh Bev Ctrl L § 51 (2012) What's This?
 
    § 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. A licensed brewer  whose  annual  production  is  less  than  sixty
  thousand  barrels may apply to the liquor authority for a permit to sell
  beer in a sealed container for off-premises  consumption  at  the  state
  fair,  at  recognized county fairs and at farmers' markets operated on a
  not-for-profit basis. As a condition of the permit a representative from
  the brewer must be present at the time of sale.
    5-a. Except as otherwise provided in subdivisions  three,  four,  five
  and six-a of this section and except as provided in section fifty-two of
  this article no brewer shall sell any beer, wine or liquor at retail.
    6.  Notwithstanding  the  provisions of subdivision one of section one
  hundred one of this chapter the authority may issue a  brewer's  license
  pursuant  to  this  section for a premises which shall be located wholly
  within the town of Hyde Park, county of Dutchess,  state  of  New  York,
  known  and  designated as Lot No. 1 shown on a map entitled "Subdivision
  for Piney" filed in the Dutchess County Clerk's Office as Map No.  8764,
  being more particularly bounded and described as follows:
    BEGINNING  at  a  point  on the easterly line of State Highway Route 9
  (also known as Albany Post Road) at the northwest corner of  the  herein
  described  parcel  and the southwest corner of the lands now or formerly
  of Friendly Ice Cream Corp.; thence along the division line between  the
  herein  described  parcel and the last mentioned lands; South 77 deg 10'
  10" East 310.17 feet to the northeast corner  of  the  herein  described
  parcel  and  the southeast corner of the last mentioned lands at a point
  on the westerly  line  of  other  lands  of  Fernando  Piney  which  are
  designated  as  Lot  No.  1 as shown of Filed Map 5678; thence along the
  division line between the herein described parcel and the last described

  lands of Piney. South 06 deg 34' 20" West 157.76 feet to  the  southeast
  corner  of  the  herein described parcel and the northeast corner of Lot
  No. 2 as shown on Filed Map No. 8764; thence along the northerly line of
  Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42"
  West  155.26  feet  and  South  87  deg  45' 20" West 155.00 feet to the
  southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a
  point on the easterly line of State Highway Route 9;  thence  along  the
  easterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00
  feet  to  the point of beginning. Being the same premises as conveyed to
  Anthony Lobianco,  Joseph  Lobianco  and  Carmelo  DeCicco  by  deed  of
  Universal  Land Abstract, as agent of the grantor, Fernando Piney, dated
  March 21, 1995 and recorded in the office of the Dutchess  County  Clerk
  on  such  date as Receipt no. R12437, Batch record no. A00209; Being the
  same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka
  & Strohsahl, as agent of the grantor, Carmelo  DeCicco,  dated  November
  17,  2003  and  recorded  in  the office of the Dutchess County Clerk on
  December 9, 2004 as document no. 02  2004  12028,  Receipt  no.  R98669,
  Batch record no. C00440.
    6-a. A licensed brewer producing New York state labelled beer may:
    * (a)  sell  such  beer to licensed farm distillers, farm wineries and
  farm breweries. All such beer 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
    * (a)  sell such beer to licensed farm distillers, farm wineries, farm
  cideries and farm breweries. All such beer 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
    (b) conduct tastings at the licensed premises of such beer;
    (c)  sell  such beer 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;
    (d)  sell  and conduct tastings of such beer 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;
    (e) apply for a permit to conduct  tastings  away  from  the  licensed
  premises  of  such beer. 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.  Tastings  shall  be  conducted  subject  to  the   following
  conditions:
    (i)  tastings  shall be conducted by an official agent, representative
  or solicitor of the licensee. 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 licensee.
    (f)  if  it holds a tasting permit issued pursuant to paragraph (e) of
  this subdivision, apply to the authority for a permit to sell such beer,

  for consumption off the  premises,  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.
    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;  (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; and (g) manufacture, produce, blend, package,
  bottle, purchase, sell and deliver alcoholic beverages. If any  licensed
  brewer desires to engage in any of the activities in paragraph (a), (b),
  (c),  (d)  or  (e)  of  this  subdivision  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. Provided, however, if the
  licensed brewer desires  to  engage  in  any  activities  identified  in
  paragraph  (f)  or  (g) of this subdivision the licensee shall submit an
  application to do so 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 this chapter, it may approve such application, subject
  to such restrictions or modifications, and in such manner and form as it
  may  determine. The approval of such application shall be subject to the
  imposition  of  such  additional  license  fees  for   such   activities
  identified  in  paragraph  (g)  of  this subdivision consistent with the
  manufacture of any alcoholic beverages under this article  and  articles
  five  and six of this chapter. The liquor authority is hereby authorized
  to adopt such rules and regulations as it  may  determine  necessary  to
  effectuate the provisions of this subdivision.
    8.  (a) A licensee or his or her employee, or a brewer or manufacturer
  as  defined  in  section  three  of  this  chapter  or  its  employee or
  representative, or an importer having a  basic  permit  as  required  by
  section  1.20  of  title  27  of  the code of federal regulations or its
  employee or representative, may obtain a permit to serve  small  samples
  of   beer   or   malt  beverages  he  or  she  produces  or  imports  at
  establishments licensed under section fifty-four or fifty-four-a of this
  article. Furthermore such permit may also be obtained for serving  small
  samples of beer or malt beverages produced or imported by such licensee,

  brewer,   manufacturer   or   importer  at  annual  fairs  sponsored  by
  agricultural and horticultural societies as defined in section  fourteen
  hundred  nine of the not-for-profit corporation law, and for sampling at
  the  licensed  premises  of  the  holder of a wholesaler's license under
  section fifty-three of this article issued  or  renewed  prior  to  July
  first,  nineteen  hundred  sixty, and thereafter renewed or transferred,
  which authorizes the holder thereof to sell beer at retail to  a  person
  for  consumption  in  his or her home. For purposes of this paragraph, a
  representative  shall  not  include  a  person  licensed  under  section
  fifty-three of this article or his or her employees.
    (b)  The  fee  for  a  temporary brewer tasting permit shall be twenty
  dollars and shall be issued by the authority and dated for its period of
  use, which shall not exceed three days. An applicant for such permit may
  also apply for an annual brewer tasting permit for a fee of one thousand
  dollars which shall be issued by the authority.
    (c) Tastings at such licensed establishments or annual fairs shall  be
  conducted  only  within  the hours fixed by or pursuant to this chapter,
  during which alcoholic beverages may be lawfully sold or permitted  upon
  premises  licensed  to  sell  beer  or  malt  beverages for off-premises
  consumption.
    (d) A licensee or his or her employee may  provide  small  samples  of
  beer   or   malt   beverages  he  or  she  produces  at  their  licensed
  establishment. No permit shall be required for a licensee or his or  her
  employee  to provide small samples of beer or malt beverages when served
  at his or her licensed establishment.
    (e) Each serving at tastings shall be served only  by  the  brewer  or
  importer  or his or her employee and shall be limited to three ounces or
  less of a brand of beer or malt beverage produced by the  brewer  or  by
  the  importer  and  no  consumer of legal age shall be provided or given
  more than two servings of such brands offered for tasting.
    (f) All beer or other malt  beverages  served  pursuant  to  a  permit
  issued  under  this  subdivision shall have been purchased by the retail
  licensee upon whose premises the serving of samples is taking place.
    (g) A brewer or importer to whom a permit is issued pursuant  to  this
  subdivision  may  not be assessed a fee or charge by the retail licensee
  upon whose premises the serving is taking place  for  the  privilege  of
  serving such samples.
    (h)  The  brewer  or  importer,  or  his  or her employee serving such
  samples, shall be responsible for ensuring that such  samples  are  only
  served to individuals legally eligible to consume alcoholic beverages in
  this state.
    (i)  Any  liability stemming from a right of action resulting from the
  sampling  of  beer  or  other  malt  beverages  as  authorized  by  this
  subdivision,  and  in  accordance with the provisions of sections 11-100
  and 11-101 of the general obligations law, shall accrue to the brewer or
  importer.
    (j) The authority is authorized and directed to provide such forms  to
  a  brewer  or  importer to obtain the necessary temporary brewer tasting
  permit and promulgate such rules and regulations, as it deems  necessary
  or  appropriate  to  implement  the  provisions  of  this subdivision to
  protect the health, safety and welfare of the people of this state.

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