S T A T E O F N E W Y O R K
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10122
I N A S S E M B L Y
June 16, 2014
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger,
Barrett, Brindisi, Hennessey, Magee, Russell, Santabarbara, Skoufis,
Stirpe, Bronson) -- (at request of the Governor) -- read once and
referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
licenses and permits regarding the manufacture of alcoholic beverages;
and to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 51 of the alcoholic beverage control law is
amended by adding a new subdivision 3-a to read as follows:
3-A. A LICENSED BREWER MAY AT THE LICENSED PREMISES CONDUCT TASTINGS
OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES,
ANY BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED
BEER. PROVIDED, HOWEVER, THAT FOR TASTINGS AND SALES FOR ON-PREMISES
CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE
OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A
LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS
PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH,
PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO
COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVER-
SIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF
TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING,
INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES,
BREADS, MUSTARDS AND CRACKERS. ALL OF THE PROVISIONS OF THIS CHAPTER
RELATIVE TO LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF
THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
S 2. Subdivision 4 of section 51 of the alcoholic beverage control
law, as amended by chapter 100 of the laws of 1940, is amended to read
as follows:
4. A LICENSED BREWERY MAY OPERATE A RESTAURANT, HOTEL, CATERING
ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT
TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP-
TION ON THE PREMISES, BEER MANUFACTURED BY THE LICENSEE AND ANY NEW YORK
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12097-07-4
A. 10122 2
STATE LABELED BEER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL
APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE 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] AT SUCH
ESTABLISHMENT. 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.
S 3. Paragraphs (b) and (d) of subdivision 6-a of section 51 of the
alcoholic beverage control law are REPEALED.
S 4. Section 51 of the alcoholic beverage control law is amended by
adding a new subdivision 9 to read as follows:
9. A BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER ANNUAL-
LY.
S 5. Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
beverage control law, as added by chapter 108 of the laws of 2012, is
amended to read as follows:
(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] OPERATE
A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING
ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL AT SUCH
PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, BEER AND CIDER MANU-
FACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED BEER OR NEW YORK
STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON AND OFF THE PREMISES
SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE LICENSED FARM BREWERY MAY APPLY TO THE
AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH-
MENT;
S 6. Subdivision 10 of section 51-a of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read as
follows:
10. (A) No farm brewery shall manufacture in excess of [sixty] SEVEN-
TY-FIVE thousand finished barrels of beer AND CIDER annually.
(B) A FARM BREWERY SHALL MANUFACTURE AT LEAST FIFTY BARRELS OF BEER
AND CIDER ANNUALLY.
S 7. Section 52 of the alcoholic beverage control law is REPEALED.
S 8. Paragraph (a) of subdivision 1 of section 56 of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012, is
amended to read as follows:
(a) four thousand dollars for a brewer's license, unless the annual
production of the brewer is less than [sixty] SEVENTY-FIVE thousand
barrels per year, in which case the annual fee shall be three hundred
twenty dollars;
S 9. Section 58 of the alcoholic beverage control law is amended by
adding a new subdivision 5 to read as follows:
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5. A CIDER PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF CIDER
ANNUALLY.
S 10. Paragraphs (d) and (e) of subdivision 2 of section 58-c of the
alcoholic beverage control law are REPEALED.
S 11. Paragraph (f) of subdivision 2 of section 58-c of the alcoholic
beverage control law, as added by chapter 384 of the laws of 2013, is
amended to read as follows:
(f) [sell and conduct tastings of cider manufactured by the licensee
or any other licensed farm cidery at retail for consumption on the prem-
ises of a restaurant, conference center, inn, bed and breakfast or hotel
business owned and operated by the licensee in or adjacent to its farm
cidery. 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 cider at retail for consumption on the premises] (I) AT THE
LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMP-
TION ON OR OFF THE LICENSED PREMISES, ANY CIDER MANUFACTURED BY THE
LICENSEE OR ANY NEW YORK STATE LABELED CIDER. PROVIDED, HOWEVER, FOR
TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGU-
LARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS
FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING
SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (A) SANDWICHES, SOUPS
OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN;
AND/OR (B) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC
BEVERAGES, 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, INCLUDING BUT NOT LIMITED TO: CHEES-
ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL
OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES SELLING CIDER AT
RETAIL SHALL APPLY; AND (II) OPERATE A RESTAURANT, HOTEL, CATERING
ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT
TO THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP-
TION ON THE PREMISES, CIDER MANUFACTURED BY THE LICENSEE AND ANY NEW
YORK STATE LABELED CIDER. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE
TO LICENSEES TO SELLING CIDER AT RETAIL SHALL APPLY. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE LICENSED FARM CIDERY MAY APPLY TO THE
AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH-
MENT;
S 12. Subdivision 10 of section 58-c of the alcoholic beverage control
law, as added by chapter 384 of the laws of 2013, is amended to read as
follows:
10. (A) No farm cidery shall manufacture in excess of [one] TWO
hundred fifty thousand gallons of cider annually.
(B) A LICENSED FARM CIDERY SHALL PRODUCE AT LEAST FIFTY GALLONS OF
CIDER ANNUALLY.
S 13. Subdivision 1-a of section 61 of the alcoholic beverage control
law, as amended by chapter 384 of the laws of 2013, is amended to read
as follows:
1-a. A class A-1 distiller's license shall authorize the holder ther-
eof to operate a distillery which has a production capacity of no more
than [thirty-five] SEVENTY-FIVE thousand gallons per year for the manu-
facture of liquors by distillation or redistillation at the premises
specifically designated in the license. Such a license shall also
authorize the sale in bulk by such licensee from the licensed premises
of the products manufactured under such license to any person holding a
A. 10122 4
winery license, farm winery license, distiller's class A license, a
distiller's class B license or a permittee engaged in the manufacture of
products which are unfit for beverage use. It shall also authorize the
sale from the licensed premises and from one other location in the state
of New York of liquors manufactured by such licensee to a wholesale or
retail liquor licensee or permittee in sealed containers of not more
than one quart each. In addition, it shall authorize such licensee to
sell from the licensed premises New York state labelled liquors to
licensed farm wineries, farm breweries, farm distilleries and farm
cideries in sealed containers of not more than one quart for retail sale
for off-premises consumption. Such license shall also include the priv-
ilege to operate a rectifying plant under the same terms and conditions
as the holder of a class B-1 distiller's license without the payment of
any additional fee.
S 14. Subdivision 2-b of section 61 of the alcoholic beverage control
law, as amended by chapter 571 of the laws of 2008, is amended to read
as follows:
2-b. A class B-1 distiller's license shall authorize the holder there-
of to operate a rectifying plant which has a production capacity of no
more than [thirty-five] SEVENTY-FIVE thousand gallons per year for the
manufacture of the products of rectification by purifying or combining
alcohol, spirits, wine, or beer and the manufacture of cordials by the
redistillation of alcohol or spirits over or with any materials. Such a
license shall also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this chap-
ter for wholesale liquor licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and regulation of any other
state, territorial possession of the United States or foreign country
liquor received in bulk by such wholesalers from other states, territo-
rial possessions of the United States or a foreign country, and to
rebottle or recondition for wholesale liquor or wine licensees or for
persons authorized to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession of the
United States or foreign country, liquor or wine manufactured outside
the state, which was purchased and received by such wholesalers in
sealed containers not exceeding one quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale from
the licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to sell from
the licensed premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
S 15. Paragraph (e) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as amended by chapter 454 of the laws of 2008, is
amended to read as follows:
(e) Notwithstanding any other provision of law to the contrary, the
holder of a farm distillery license may [apply to the authority for a
license to sell beer, wine and liquor for consumption on the premises in
a restaurant operated on or adjacent to the licensed farm distillery.
All the provisions of this chapter relative to licensees to sell beer,
wine or liquor at retail for consumption on the premises shall apply so
far as applicable to such application.] (I) SELL AT RETAIL FOR CONSUMP-
TION ON THE LICENSED PREMISES, ANY LIQUOR MANUFACTURED BY THE LICENSEE
OR ANY NEW YORK STATE LABELED LIQUOR. PROVIDED, HOWEVER, THE LICENSEE
A. 10122 5
SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL
CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE
FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: SANDWICHES,
SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR
FROZEN; AND/OR FOOD ITEMS INTENDED TO COMPLIMENT THE TASTING OF ALCOHOL-
IC BEVERAGES, 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, INCLUDING BUT NOT LIMITED TO:
CHEESE, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS.
ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL
LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS
APPLICABLE TO SUCH LICENSEE; AND
(II) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER
FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES
AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES,
LIQUOR MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED
LIQUOR. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO
SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR
AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE LICENSEE MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS
CHAPTER TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON
THE PREMISES AT SUCH ESTABLISHMENT.
S 16. Paragraph (f) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as amended by chapter 454 of the laws of 2008, is
amended to read as follows:
(f) No holder of a farm distillery license shall manufacture in excess
of [thirty-five] SEVENTY-FIVE thousand gallons of liquor annually. In
the case of the holder of a class A, A-1, B, B-1 or C distiller's
license who operates a farm distillery on the same premises, the liquor
manufactured pursuant to the farm distillery license shall not be
considered with respect to any limitation on the volume that may be
manufactured by the class A, A-1, B, B-1 or C distillery.
S 17. Subdivision 2-c of section 61 of the alcoholic beverage control
law is amended by adding a new paragraph (g) to read as follows:
(G) THE HOLDER OF A LICENSE ISSUED UNDER THIS SUBDIVISION MAY OPERATE
UP TO ONE BRANCH OFFICE LOCATED AWAY FROM THE LICENSED FARM DISTILLERY.
SUCH LOCATION SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM DISTILLERY MAY BE
CONDUCTED AT THE BRANCH OFFICE. SUCH BRANCH OFFICE 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 ALCO-
HOLIC 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 OPER-
ATION OF SAME.
S 18. Section 61 of the alcoholic beverage control law is amended by
adding a new subdivision 7 to read as follows:
7. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF LIQUOR PER YEAR.
S 19. Subdivision 4 of section 76 of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended to read
as follows:
4. A licensed winery may [apply to the liquor authority for a license
to sell wine at retail for consumption on the premises. All the
provisions of this chapter relative to licenses to sell wine at retail
for consumption on the premises shall apply so far as applicable to such
A. 10122 6
application] AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT
RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY WINE OR WINE
PRODUCT MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED WINE
OR NEW YORK STATE LABELED WINE PRODUCT. PROVIDED, HOWEVER, FOR TASTINGS
AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP
FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMP-
TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED
IN COMPLIANCE WITH THIS PROVISION: (I) SANDWICHES, SOUPS OR OTHER SUCH
FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (II) FOOD
ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, 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, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS,
VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE
PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES SHALL APPLY SO FAR AS APPLICABLE
TO SUCH LICENSEE.
S 20. Subdivision 4-a of section 76 of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended to read
as follows:
4-a. [Notwithstanding any other provision of law, any winery, licensed
pursuant to subdivision four of this section to sell wine at retail for
consumption on the premises in a restaurant in or adjacent to the
winery, may apply to the liquor authority for a license to sell beer,
wine or liquor at retail for consumption on the premises of such restau-
rant. 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] A LICENSED WINERY MAY
OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND
DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL
AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE AND WINE
PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED
WINE OR NEW YORK STATE LABELED WINE PRODUCT. ALL OF THE PROVISIONS OF
THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION
ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED WINERY MAY
APPLY TO THE AUTHORITY FOR A LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER
TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES AT SUCH ESTABLISHMENT.
S 21. Subdivision 10 of section 76 of the alcoholic beverage control
law, as added by chapter 221 of the laws of 2011, is amended to read as
follows:
10. Notwithstanding any provision of this chapter to the contrary, and
upon payment to the liquor authority of an additional annual fee of one
hundred twenty-five dollars, the liquor authority may in its discretion
and upon such terms and conditions as it may prescribe, issue to a
licensed winery upon application therefor a certificate authorizing such
winery to sell wine at retail in sealed containers to a regularly organ-
ized church, synagogue or religious organization for sacramental
purposes[, and to a householder for consumption in his home].
S 22. Section 76 of the alcoholic beverage control law is amended by
adding a new subdivision 14 to read as follows:
14. ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF WINE PER YEAR.
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S 23. Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
beverage control law, as added by chapter 221 of the laws of 2011, is
amended to read as follows:
(f) [sell wine at retail for consumption on the premises of a restau-
rant, conference center, inn, bed and breakfast or hotel business owned
and operated by the licensee in or adjacent to the farm winery for which
the licensee is licensed. A licensee who operates a restaurant, confer-
ence 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 wine at retail for consumption on the premises]
OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND
DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND SELL
AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, WINE, CIDER
AND WINE PRODUCTS MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE
LABELED WINE, NEW YORK STATE LABELED CIDER OR NEW YORK STATE LABELED
WINE PRODUCT. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL
APPLY SO FAR AS APPLICABLE TO SUCH LICENSEE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE LICENSED WINERY MAY APPLY TO THE AUTHORITY FOR A
LICENSE UNDER ARTICLE FOUR OF THIS CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH ESTABLISH-
MENT.
S 24. Subdivision 3-a of section 76-a of the alcoholic beverage
control law is REPEALED.
S 25. Subdivision 8 of section 76-a of the alcoholic beverage control
law, as amended by chapter 147 of the laws of 1988 and as renumbered by
chapter 221 of the laws of 2011, is amended to read as follows:
8. (A) No licensed farm winery shall manufacture in excess of [one]
TWO hundred fifty thousand finished gallons of wine annually.
(B) ANY PERSON LICENSED UNDER THIS SECTION SHALL MANUFACTURE AT LEAST
FIFTY GALLONS OF WINE PER YEAR.
S 26. This act shall take effect on the thirtieth day after it shall
have become a law.