NY State Senate Bill 2013-S6909B

Senate Bill S6909B

2013-2014 Legislative Session

Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2014	print number 6909b
Jun 09, 2014	amend (t) and recommit to commerce, economic development and small business
May 23, 2014	print number 6909a
May 23, 2014	amend and recommit to commerce, economic development and small business
Mar 27, 2014	referred to commerce, economic development and small business

Bill Amendments

Original

B (Active)

co-Sponsors

2013-S6909 - Details

See Assembly Version of this Bill:: A9796
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§58, 58-c, 76, 76-a & 3, ABC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5330, A7550
2017-2018: S1078, A4972

2013-S6909 - Summary

Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale.

2013-S6909 - Sponsor Memo

                                BILL NUMBER:S6909

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to promoting economic development by expanding products sold
by farm cideries and authorizing such cideries to sell cider to other
licensees

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of this bill is to
promote the agricultural economy of New York State by expanding, to a
limited extent, the licensees and parties that a farm cidery may sell
its products to and the products manufactured by other farm cideries
and those manufactures that produce New York State labeled cider.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends ABC Law section 58 (3-a) that relates to the powers
of a cider producer that makes New York State labeled cider and, under
this bill, may sell such cider to any distillery, winery or brewery,
regardless if it is a farm licensee or commercial manufacturer. New
York State labeled cider is cider that is made exclusively from New
York grown apples or pome fruits. This provision will expand the
outlets of sale for New York State labeled cider to include other
commercial distilleries, wineries, breweries and cideries, which
should help to increase the demand for New York grown fruit crops.

Section 2: Amends ABC Law section 58-c (2) which relates to the powers

of New York farm cideries (which make all of their products from New
York fruit). Under the provision of this bill, a farm cidery (to
provide symmetry in the ABC Law) would be able to sell its New York
products grown from New York fruit to all licensed distillers,
wineries, breweries and cideries. In addition, such farm cidery could
conduct tastings and sell other New York State labeled cider on their
premises.

Section 3: Amends ABC Law section 58-c (5) to allow a farm cidery to
sell, in addition to its own products, and those produced by other
farm cideries, to sell any other New York State labeled cider.This
provision relates to the sale of such New York labeled cider at retail
in bulk by keg, cask or barrel for consumption, and not resale, at a
clam-bake, picnic or other outdoor gathering.

Section 4: Amends ABC Law section 58-c (7)to allow farm cideries to
sell in addition to food items such as cheeses, fruits, chocolates,
and mustards in complementing cider tastings to include the sale of
doughnuts. This provision, currently in the law, replicated the sale
of food items listed for wineries and breweries. However, for
cideries, it neglected to itemize a food item that naturally
complements cider and hard cider products, the doughnut, more
specifically the apple cider doughnut. While the sale of doughnuts may
not complement the sale and tasting of wines or beer, it does so for
cider and cider products. In addition, it expands the kinds of items
that a farm cidery can sell to make homemade ciders to include bottles
and fermentation containers. The making of cider is specialized in
that it can contain significant amounts of carbonization, hence
specialized bottles then to be used both for commercial and home
manufacture of cider.


Section 5: Amends ABC Law section 58-c (13) so that a farm cidery
license may be obtained and used on the same premises as a commercial
distillery, winery, brewery, or cidery. Since a farm cidery can only
use New York grown apples and other pome fruits, the current law
should be revised so that there are more locations upon which such
establishments can be licensed.

Section 6: Amends Alcoholic Beverage Control Law (ABC) section (3) to
alter the definition of cider to include those necessary additions due
to defects in "saccharine" levels to be defects in "sugar" levels.
Saccharine is an artificial sweetener that is not found naturally in
apples or other pome fruits, while sugar is naturally found in such
fruits. This is a technical change to revise the definition of cider
to reflect the true nature of the natural sugars that occur in apples
and pome fruits.

JUSTIFICATION:  Chapter 384 of the Laws of 2013 established a new
class of licenses for a new alcoholic producer called a "farm cidery".
This bill is a natural progression that has been occurring in the ABC
Law since the establishment of farm wineries in 1976, to establish a
specific alcoholic beverage license to manufacture a regulated
alcoholic beverage, in this case cider made from fruits grown in New
York and produced on a farm. Cider, unlike wine, beer or distilled
spirits tends to have a lower alcoholic content and is made
exclusively from apples and other pome fruits.

Since, the establishment of farm wineries in 1976, the State
Legislature has established farm distilleries and farm breweries. It
is a natural progression to establish farm cideries. However, unlike
farm distilleries, farm wineries, and farm breweries, which can
readily sell their products to other commercial distilleries,
wineries, and breweries, the sale of ciders produced by licensed farm
cideries was more limited. Under the Laws of 384, farm cideries were
give more limited abilities to sell their products, mostly to other
farm cideries, farm distilleries, farm wineries, or farm breweries.

This bill provides better symmetry in the ABC law as it relates to the
sale of such products made by a farm cidery (which is made exclusively
from New York apples or pome fruits) or any cider that is made
exclusively with New York apples or pome fruits (New York Labeled
ciders). Ultimately, expanding the range of other licensed entities
that can purchase farm cidery products will increase the demand for
New York produced apples and pome fruits.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days after it shall have become law.

2013-S6909 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6909

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by  Sens.  VALESKY, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  promoting  economic  development  by  expanding  products sold by farm
  cideries and authorizing such cideries to sell cider to  other  licen-
  sees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (a) of subdivision 3-a  of  section  58  of  the
alcoholic  beverage  control law, as added by chapter 384 of the laws of
2013, is amended to read as follows:
  (a) sell such cider to  licensed  farm  distillers,  DISTILLERS,  farm
wineries,  WINERIES,  farm  cideries [and], CIDERIES, farm breweries AND
BREWERIES.  All such 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;
  S 2. Paragraphs (c), (d), (e), (f) and (g) of subdivision 2 of section
58-c  of  the alcoholic beverage control law, as added by chapter 384 of
the laws of 2013, are amended to read as follows:
  (c) sell cider manufactured by the licensee to wholesalers and retail-
ers licensed in this state to sell such cider, TO licensed farm  distil-
lers,  LICENSED  DISTILLERS,  licensed farm wineries, LICENSED WINERIES,
licensed farm breweries, LICENSED BREWERIES and any other licensed  farm
cidery OR LICENSED CIDERY.  All such 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;
  (d) sell at the licensed premises cider manufactured by  the  licensee
or  any  other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER
at retail for consumption on or off the licensed premises;
  (e) conduct tastings at the licensed premises of cider manufactured by
the licensee or any other licensed farm cidery, OR ANY  NEW  YORK  STATE
LABELED CIDER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14186-02-4

S. 6909                             2

  (f) sell and conduct tastings of cider manufactured by the licensee or
any  other  licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER 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 cidery. A licensee who operates
a restaurant, conference center, inn, bed and breakfast or hotel  pursu-
ant  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;
  (g) sell cider manufactured by the licensee or any other licensed farm
cidery,  OR  ANY  NEW YORK STATE LABELED CIDER 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;
  S  3.  Subdivision 5 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:
  5.  A  licensed farm cidery may, under such rules as may be adopted by
the authority, sell cider manufactured by  the  licensee  or  any  other
licensed  farm  cidery, OR ANY NEW YORK STATE LABELED CIDER 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.
  S 4. Paragraphs (b) and (e) of subdivision 7 of section  58-c  of  the
alcoholic  beverage  control law, as added by chapter 384 of the laws of
2013, are amended to read as follows:
  (b) food items for the purpose of complementing 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,  DONUTS,  mustards
and crackers;
  (e) cider-making equipment and supplies including, but not limited to,
home  cider-making kits, filters, bottling equipment, BOTTLES, FERMENTA-
TION CONTAINERS, and books or other written material  to  assist  cider-
makers and home cider-makers to produce and bottle cider;
  S  5. Subdivision 13 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:
  13. Notwithstanding any other provision of this chapter, the authority
may  issue  a farm cidery license to the holder of a farm brewery, BREW-
ERY, farm winery [or], WINERY, farm distiller's OR  DISTILLER'S  license
for  use  at such licensee's existing licensed premises. The holder of a
farm brewery, BREWERY, farm winery [or],  WINERY,  farm  distiller's  OR
DISTILLER'S  license  that simultaneously holds a farm cidery 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.
  S 6. Paragraph (a) of subdivision 7-b of section 3  of  the  alcoholic
beverage  control law, as amended by chapter 384 of the laws of 2013, is
amended to read as follows:
  (a) "Cider" means the partially or fully  fermented  juice  of  fresh,
whole  apples  or other pome fruits, containing more than three and two-
tenths per centum but not more than eight and one-half per centum  alco-
hol by volume: (i) to which nothing has been added to increase the alco-
holic  content produced by natural fermentation; and (ii) with the usual
cellar treatments and necessary additions  to  correct  defects  due  to

S. 6909                             3

climate,  [saccharine]  SUGAR  levels  and  seasonal conditions. Nothing
contained in this subdivision shall be deemed to  preclude  the  use  of
such  methods  or  materials  as  may be necessary to encourage a normal
alcoholic  fermentation  and  to make a product that is free of microbi-
ological activity at the  time  of  sale.  Cider  may  be  sweetened  or
flavored  after  fermentation with fruit juice, fruit juice concentrate,
sugar, maple syrup, honey, spices or other agricultural products,  sepa-
rately  or  in  combination.  Cider may contain retained or added carbon
dioxide.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

co-Sponsors

2013-S6909A - Details

See Assembly Version of this Bill:: A9796
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§58, 58-c, 76, 76-a & 3, ABC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5330, A7550
2017-2018: S1078, A4972

2013-S6909A - Summary

Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale.

2013-S6909A - Sponsor Memo

                                BILL NUMBER:S6909A

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to promoting economic development by expanding products sold
by farm cideries and authorizing such cideries to sell cider to other
licensees

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
promote the agricultural economy of New York State by expanding, to a
limited extent, the licensees and parties that a farm cidery may sell
its products to and the products manufactured by other farm cideries
and those manufactures that produce New York State labeled cider.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends ABC Law section 58 (3-a) that relates to the powers
of a cider producer that makes New York State labeled cider and, under
this bill, may sell such cider to any distillery, winery or brewery,
regardless if it is a farm licensee or commercial manufacturer. New
York State labeled cider is cider that is made exclusively from New
York grown apples or pome fruits. This provision will expand the
outlets of sale for New York State labeled cider to include other
commercial distilleries, wineries, breweries and cideries, which
should help to increase the demand for New York grown fruit crops.

Section 2: Amends ABC Law section 58-c (2) which relates to the powers

of New York farm cideries (which make all of their products from New
York fruit). Under the provision of this bill, a farm cidery (to
provide symmetry in the ABC Law) would be able to sell its New York
products grown from New York fruit to all licensed distillers,
wineries, breweries and cideries. In addition, such farm cidery could
conduct tastings and sell other New York State labeled cider on their
premises.

Section 3: Amends ABC Law section 58-c (5) to allow a farm cidery to
sell, in addition to its own products, and those produced by other
farm cideries, to sell any other New York State labeled cider. This
provision relates to the sale of such New York labeled cider at retail
in bulk by keg, cask or barrel for consumption, and not resale, at a
clam-bake, picnic or other outdoor gathering.

Section 4: Amends ABC Law section 58-c (7)to allow farm cideries to
sell in addition to food items such as cheeses, fruits, chocolates,
and mustards in complementing cider tastings to include the sale of
baked goods such as doughnuts and other pastries. The current
provision, currently in the law, replicated the sale of food items
listed for wineries and breweries. However, for cideries, it neglected
to itemize food items that naturally complement cider and hard cider
products, i.e. baked goods such as pastries and doughnuts, more
specifically the apple cider doughnut.  While the sale of baked goods
may not complement the sale and tasting of wines or beer, it does so
for cider and cider products.

In addition, it expands the kinds of items that a farm cidery can sell
to home cider makers who wish to make homemade cider to include all of
the kinds of items that farm wineries are now authorized to sell to
make wine. These items, in current law for farm wineries includes, the


fruit to make such beverage, presses, pumps, yeasts, storage
containers, bottles and fermentation containers. The making of cider
is specialized in that it can contain significant amounts of
carbonization (pressure), hence specialized bottles are needed and
used both for commercial and home manufacture of cider.

Section 5: Amends ABC Law section 58-c (13) so that a farm cidery
license may be obtained and used on the same premises as a commercial
distillery, winery, brewery, or cidery. Since a farm cidery can only
use New York grown apples and other pome fruits, the current law
should be revised so that there are more locations upon which such
establishments can be licensed.

Section 6: Amends Alcoholic Beverage Control Law (ABC) section (3) to
alter the definition of cider to include those necessary additions due
to defects in "saccharine" levels to be defects in "sugar" levels.
Saccharine is an artificial sweetener that is not found naturally in
apples or other pome fruits, while sugar is naturally found in such
fruits. This is a technical change to revise the definition of cider
to reflect the true nature of the natural sugars that occur in apples
and pome fruits.

JUSTIFICATION: Chapter 384 of the Laws of 2013 established a new class
of licenses for a new alcoholic producer called a "farm cidery". This
bill is a natural progression that has been occurring in the ABC Law
since the establishment of farm wineries in 1976, to establish a
specific alcoholic beverage license to manufacture a regulated
alcoholic beverage, in this case cider made from fruits grown in New
York and produced on a farm. Cider, unlike wine, beer or distilled
spirits tends to have a lower alcoholic content and is made
exclusively from apples and other pome fruits.

Since, the establishment of farm wineries in 1976, the State
Legislature has established farm distilleries and farm breweries. It
is a natural progression to establish farm cideries. However, unlike
farm distilleries, farm wineries, and farm breweries, which can
readily sell their products to other commercial distilleries,
wineries, and breweries, the sale of ciders produced by licensed farm
cideries was more limited. Under the Laws of 384, farm cideries were
give more limited abilities to sell their products, mostly to other
farm cideries, farm distilleries, farm wineries, or farm breweries.

This bill provides better symmetry in the ABC law as it relates to the
sale of such products made by a farm cidery (which is made exclusively
from New York apples or pome fruits) or any cider that is made
exclusively with New York apples or pome fruits (New York Labeled
ciders). Ultimately, expanding the range of other licensed entities
that can purchase farm cidery products will increase the demand for
New York produced apples and pome fruits.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days after it shall have become law.

2013-S6909A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6909--A

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by  Sens.  VALESKY, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development  and  Small  Business  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  promoting  economic  development  by  expanding  products sold by farm
  cideries and authorizing such cideries to sell cider to  other  licen-
  sees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (a) of subdivision 3-a  of  section  58  of  the
alcoholic  beverage  control law, as added by chapter 384 of the laws of
2013, is amended to read as follows:
  (a) sell such cider to  licensed  farm  distillers,  DISTILLERS,  farm
wineries,  WINERIES,  farm  cideries [and], CIDERIES, farm breweries AND
BREWERIES.  All such 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;
  S 2. Paragraphs (c), (d), (e), (f) and (g) of subdivision 2 of section
58-c  of  the alcoholic beverage control law, as added by chapter 384 of
the laws of 2013, are amended to read as follows:
  (c) sell cider manufactured by the licensee to wholesalers and retail-
ers licensed in this state to sell such cider, TO licensed farm  distil-
lers,  LICENSED  DISTILLERS,  licensed farm wineries, LICENSED WINERIES,
licensed farm breweries, LICENSED BREWERIES and any other licensed  farm
cidery OR LICENSED CIDERY.  All such 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;
  (d) sell at the licensed premises cider manufactured by  the  licensee
or  any  other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER
at retail for consumption on or off the licensed premises;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14186-04-4

S. 6909--A                          2

  (e) conduct tastings at the licensed premises of cider manufactured by
the licensee or any other licensed farm cidery, OR ANY  NEW  YORK  STATE
LABELED CIDER;
  (f) sell and conduct tastings of cider manufactured by the licensee or
any  other  licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER 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 cidery. A licensee who  operates
a  restaurant, conference center, inn, bed and breakfast or hotel pursu-
ant 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;
  (g) sell cider manufactured by the licensee or any other licensed farm
cidery, OR ANY NEW YORK STATE LABELED CIDER 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;
  S 3. Subdivision 5 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:
  5. A licensed farm cidery may, under such rules as may be  adopted  by
the  authority,  sell  cider  manufactured  by the licensee or any other
licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER 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.
  S  4.  Paragraphs  (b) and (e) of subdivision 7 of section 58-c of the
alcoholic beverage control law, as added by chapter 384 of the  laws  of
2013, are amended to read as follows:
  (b)  food items for the purpose of complementing 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,  BAKED  GOODS,
mustards and crackers;
  (e) cider-making equipment and supplies including, but not limited to,
APPLES, APPLE JUICE, OTHER POME FRUITS, OTHER POME  FRUIT  JUICES,  home
cider-making  kits, PRESSES, PUMPS, filters, YEASTS, CHEMICALS AND OTHER
CIDER ADDITIVES, bottling equipment, BOTTLES, CIDER STORAGE AND FERMENT-
ING VESSELS, BARRELS, and books or  other  written  material  to  assist
cider-makers and home cider-makers to produce and bottle cider;
  S  5. Subdivision 13 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:
  13. Notwithstanding any other provision of this chapter, the authority
may  issue  a farm cidery license to the holder of a farm brewery, BREW-
ERY, farm winery [or], WINERY, farm distiller's OR  DISTILLER'S  license
for  use  at such licensee's existing licensed premises. The holder of a
farm brewery, BREWERY, farm winery [or],  WINERY,  farm  distiller's  OR
DISTILLER'S  license  that simultaneously holds a farm cidery 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.
  S 6. Paragraph (a) of subdivision 7-b of section 3  of  the  alcoholic
beverage  control law, as amended by chapter 384 of the laws of 2013, is
amended to read as follows:

S. 6909--A                          3

  (a) "Cider" means the partially or fully  fermented  juice  of  fresh,
whole  apples  or other pome fruits, containing more than three and two-
tenths per centum but not more than eight and one-half per centum  alco-
hol by volume: (i) to which nothing has been added to increase the alco-
holic  content produced by natural fermentation; and (ii) with the usual
cellar treatments and necessary additions  to  correct  defects  due  to
climate,  [saccharine]  SUGAR  levels  and  seasonal conditions. Nothing
contained in this subdivision shall be deemed to  preclude  the  use  of
such  methods  or  materials  as  may be necessary to encourage a normal
alcoholic fermentation and to make a product that is  free  of  microbi-
ological  activity  at  the  time  of  sale.  Cider  may be sweetened or
flavored after fermentation with fruit juice, fruit  juice  concentrate,
sugar,  maple syrup, honey, spices or other agricultural products, sepa-
rately or in combination. Cider may contain  retained  or  added  carbon
dioxide.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

co-Sponsors

2013-S6909B (ACTIVE) - Details

See Assembly Version of this Bill:: A9796
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§58, 58-c, 76, 76-a & 3, ABC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5330, A7550
2017-2018: S1078, A4972

2013-S6909B (ACTIVE) - Summary

Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale.

2013-S6909B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6909B

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to promoting economic development by expanding products sold by
farm cideries and authorizing such cideries to sell cider to other
licensees for resale

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to promote
the agricultural economy of New York State by expanding, to a limited
extent, the licensees and parties that a farm cidery may sell its
products to and the products manufactured by other farm cideries and
those commercial manufactures that produce New York State labeled cider.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends ABC Law section 58 (3-a) that relates to the powers of
a commercial cider producer that makes New York State labeled cider and,
under this bill, may sell such cider to any winery or cidery (in addi-
tion to a farm winery, farm cidery, or farm brewery), regardless if it
is a farm licensee or commercial manufacturer. New York State labeled
cider is cider that is made exclusively from New York grown apples or
pome fruits. This provision will expand the outlets of sale for New York
State labeled cider to include other commercial wineries and cideries,
which should help to increase the demand for New York grown fruit crops.
The bill provides that after accepting such New York State labeled cider
by a licensed manufacture, such ciders may be offered for resale to

their customers.

Section 2: Amends ABC Law section 58-c (2) which relates to the powers
of New York farm cideries (which make all of their products from New
York fruit). Under the provision of this bill, a farm cidery (to provide
symmetry in the ABC Law) would be able to sell its New York products
grown from New York fruit to all licensed wineries and cideries, not
just licensed farm distilleries, farm wineries, farm breweries and farm
cideries. In addition, such farm cidery could conduct tastings and sell
other New York State labeled cider on their premises regardless of which
licensee produced it.

Section 3: Amends ABC Law section 58-c (5) to allow a farm cidery to
sell, in addition to its own products, and those produced by other farm
cideries, to sell any other New York State labeled cider produced by a
commercial cidery. This provision relates to the sale of such New York
labeled cider at retail in bulk by keg, cask or barrel for consumption,
and not resale, at a clambake, picnic or other outdoor gathering.

Section 4: Amends ABC Law section 58-c (7)to allow farm cideries to sell
in addition to food items such as cheeses, fruits, chocolates, and
mustards in complementing cider tastings to include the sale of baked
goods such as doughnuts and other pastries. The current provision,
currently in the law, replicated the sale of food items listed for
wineries and breweries. However, for cideries, it neglected to itemize
food items that naturally complement cider and hard cider products, i.e.

baked goods such as pastries and doughnuts, more specifically the apple
cider doughnut. While the sale of baked goods may not complement the
sale and tasting of wines or beer, it does so for cider and cider
products.

In addition, it expands the kinds of items that a farm cidery can sell
to home cider makers who wish to make homemade cider to include all of
the kinds of items that farm wineries are now authorized to sell to make
wine. These items, in current law for farm wineries includes, the fruit
to make such beverage, presses, pumps, yeasts, storage containers,
bottles and fermentation containers. The making of cider is specialized
in that it can contain significant amounts of carbonization (pressure),
hence specialized bottles are needed and used both for commercial and
home manufacture of cider.

Section 5: Amends ABC Law section 76 to authorize a commercial winery to
sell New York State labeled cider to farm distillers, farm wineries,
wineries, farm cideries and farm breweries.

Section 6: Amends ABC Law section 76 that relates to the powers to sell
alcoholic beverages by commercial wineries. This provision authorizes
these wineries to conduct tastings of all New York State labeled ciders
(whether produced by such license or any other winery, farm winery or
cidery) and to sell such ciders to their customers.

Section 7: Amends ABC Law section 76-a that relates to the powers to
sell alcoholic beverages by farm wineries. This provision authorizes
farm wineries to conduct tastings of all New York State labeled ciders
(whether produced by such licensee or any other winery, farm winery or
cidery) and to sell such ciders to their customers.

Section 8: Amends Alcoholic Beverage Control Law (ABC) section (3) to
alter the definition of cider to include those necessary additions due
to defects in "saccharine" levels to be defects in "sugar" levels.
Saccharine is an artificial sweetener that is not found naturally in
apples or other pome fruits, while sugar is naturally found in such
fruits. This is a technical change to revise the definition of cider to
reflect the true nature of the natural sugars that occur in apples and
pome fruits.

JUSTIFICATION: Chapter 384 of the Laws of 2013 established a new class
of licenses for a new alcoholic producer called a "farm cidery". This
bill is a natural progression that has been occurring in the ABC Law
since the establishment of farm wineries in 1976, to establish a specif-
ic alcoholic beverage license to manufacture a regulated alcoholic
beverage, in this case cider made from fruits grown in New York and
produced on a farm. Cider, unlike wine, beer or distilled spirits tends
to have a lower alcoholic content and is made exclusively from apples
and other pome fruits.

Since, the establishment of farm wineries in 1976, the State Legislature
has established farm distilleries and farm breweries. It is a natural

progression to establish farm cideries. However, unlike farm distiller-
ies, and farm wineries, which can readily sell their products to other
commercial distilleries or wineries, the sale of ciders produced by
licensed farm cideries was more limited. Under the Laws of 384, farm
cideries were given a more limited ability to sell their products, most-
ly to other farm cideries, farm distilleries, farm wineries, or farm
breweries.

This bill provides better Symmetry in the ABC law as it relates to the
sale of such products made by a farm cidery (which is made exclusively
from New York apples or pome fruits) or any cider that is made exclu-
sively with New York apples or pome fruits (New York Labeled ciders).
Ultimately, expanding the range of other licensed alcoholic beverage
manufacturers that can purchase farm cidery products or New York State
labeled ciders for resale to their customers will increase the demand
for New York produced apples and other pome fruits.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days after it shall have become law.

2013-S6909B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6909--B

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by  Sens.  VALESKY, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development  and  Small  Business  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  promoting economic development by  expanding  products  sold  by  farm
  cideries  and  authorizing such cideries to sell cider to other licen-
  sees for resale

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 3-a of section 58 of the alcoholic beverage
control law, as added by chapter 384 of the laws of 2013, is amended  to
read as follows:
  3-a. A licensed cider producer producing New York state labelled cider
may:
  (a)  sell  such  cider OR ANY NEW YORK STATE LABELED CIDER to licensed
farm distillers, farm wineries, WINERIES, farm cideries [and],  CIDERIES
AND  farm  breweries.    All  such  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;
  (b) conduct tastings at the licensed premises of such cider OR ANY NEW
YORK STATE LABELED CIDER;
  (c)  sell such cider OR ANY NEW YORK STATE LABELED CIDER 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 cider OR ANY NEW YORK STATE
LABELED CIDER 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 cidery. A licensee
who operates a restaurant, conference center, inn, bed and breakfast  or
hotel  pursuant  to  such  authority  shall  comply  with all applicable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14186-05-4

S. 6909--B                          2

provisions of this chapter which relate to licenses  to  sell  cider  at
retail for consumption on the premises;
  (e)  apply  for  a  permit  to conduct tastings away from the licensed
premises of such cider OR ANY NEW YORK STATE LABELED CIDER.  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 priv-
ilege 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 tast-
ings; and
  (ii)  any  liability  stemming from a right of action resulting from a
tasting of cider as authorized [herein] IN THIS PARAGRAPH and in accord-
ance 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 cider
OR ANY NEW YORK STATE LABELED CIDER, 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 neces-
sary.
  S 2. Paragraphs (c), (d), (e), (f) and (g) of subdivision 2 of section
58-c of the alcoholic beverage control law, as added by chapter  384  of
the laws of 2013, are amended to read as follows:
  (c)  sell  cider  manufactured  by  the licensee OR ANY NEW YORK STATE
LABELED CIDER to wholesalers and retailers licensed  in  this  state  to
sell  such  cider,  TO licensed farm distillers, licensed farm wineries,
LICENSED WINERIES, licensed farm breweries, and any other licensed  farm
cidery OR LICENSED CIDERY.  All such 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;
  (d) sell at the licensed premises cider manufactured by  the  licensee
or  any  other licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER
at retail for consumption on or off the licensed premises;
  (e) conduct tastings at the licensed premises of cider manufactured by
the licensee or any other licensed farm cidery, OR ANY  NEW  YORK  STATE
LABELED CIDER;
  (f) sell and conduct tastings of cider manufactured by the licensee or
any  other  licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER 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 cidery. A licensee who  operates
a  restaurant, conference center, inn, bed and breakfast or hotel pursu-
ant 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;
  (g) sell cider manufactured by the licensee or any other licensed farm
cidery, OR ANY NEW YORK STATE LABELED CIDER 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;

S. 6909--B                          3

  S 3. Subdivision 5 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:
  5.  A  licensed farm cidery may, under such rules as may be adopted by
the authority, sell cider manufactured by  the  licensee  or  any  other
licensed  farm  cidery, OR ANY NEW YORK STATE LABELED CIDER 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.
  S 4. Paragraphs (b) and (e) of subdivision 7 of section  58-c  of  the
alcoholic  beverage  control law, as added by chapter 384 of the laws of
2013, are amended to read as follows:
  (b) food items for the purpose of complementing 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,  BAKED  GOODS,
mustards and crackers;
  (e) cider-making equipment and supplies including, but not limited to,
APPLES,  APPLE  JUICE,  OTHER POME FRUITS, OTHER POME FRUIT JUICES, home
cider-making kits, PRESSES, PUMPS, filters, YEASTS, CHEMICALS AND  OTHER
CIDER ADDITIVES, bottling equipment, BOTTLES, CIDER STORAGE AND FERMENT-
ING  VESSELS,  BARRELS,  and  books  or other written material to assist
cider-makers and home cider-makers to produce and bottle cider;
  S 5. Subdivision 2 of section 76 of the alcoholic beverage control law
is amended by adding a new paragraph (d-1) to read as follows:
  (D-1) TO SELL FROM THE LICENSED PREMISES TO LICENSED FARM  DISTILLERS,
FARM  WINERIES,  WINERIES,  FARM CIDERIES, CIDERIES AND FARM BREWERS ANY
NEW YORK STATE LABELED CIDER. ALL SUCH CIDER SHALL  BE  SECURELY  SEALED
AND  HAVE  ATTACHED  THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE
HUNDRED SEVEN-A OF THIS CHAPTER;
  S 6. Subdivisions 3, 4 and 5 of section 76 of the  alcoholic  beverage
control  law, as amended by chapter 221 of the laws of 2011, are amended
to read as follows:
  3. (a) Any person having applied for  and  received  a  license  as  a
winery  under  this  section  may conduct wine AND CIDER tastings of New
York state labelled wines OR CIDERS  in  establishments  licensed  under
sections  sixty-three  and seventy-nine of this chapter to sell wine for
off-premises consumption.  Such winery may charge a fee for each wine OR
CIDER sample tasted. The state liquor authority shall  promulgate  rules
and regulations regarding such tastings as provided for in this subdivi-
sion.
  (a-1) Any person having applied for and received a license as a winery
under this section may conduct wine AND CIDER tastings of New York state
labelled  wines OR CIDERS and apply to the liquor authority for a permit
to sell wine produced by such winery OR ANY NEW YORK STATE LABELED CIDER
by the bottle, during such tastings  in  establishments  licensed  under
section  sixty-four, section sixty-four-a, section eighty-one or section
eighty-one-a of this chapter to sell wine for consumption on  the  prem-
ises. Such winery may charge a fee of no more than twenty-five cents for
each  wine  OR  CIDER  sample  tasted.  The state liquor authority shall
promulgate rules and regulations regarding such tastings as provided for
in this subdivision.
  (b) Tastings shall be conducted subject to the following limitations:
  (i) wine AND CIDER tastings shall be conducted by an  official  agent,
representative  or solicitor of one or more wineries. Such agent, repre-

S. 6909--B                          4

sentative 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
wine OR CIDER tasting 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 winery licensee.
  (c)(i)  Any  person  having  applied  for  and received a license as a
winery under this section may conduct wine AND  CIDER  tastings  of  New
York  state  labelled wines OR CIDERS and sell such wine OR CIDER by the
bottle, during such tasting, for off-premises consumption at outdoor  or
indoor  gatherings,  functions,  occasions  or  events, within the hours
fixed by or pursuant to subdivision fourteen of section one hundred five
of this chapter, sponsored by a bona fide charitable  organization.  For
the  purposes  of  this  paragraph,  a bona fide charitable organization
shall mean and include any bona fide religious or  charitable  organiza-
tion or bona fide educational, fraternal or service organization or bona
fide  organization  of  veterans or volunteer firefighters, which by its
charter, certificate of  incorporation,  constitution,  or  act  of  the
legislature,  shall  have among its dominant purposes one or more of the
lawful purposes as defined in subdivision five of  section  one  hundred
eighty-six of the general municipal law.
  (ii)  Upon  application,  the  liquor  authority shall issue an annual
permit authorizing such winery to participate in outdoor or indoor gath-
erings, functions, occasions or events sponsored by a charitable  organ-
ization.    The  winery  must  give  the authority written or electronic
notice of the date, time and specific location of each tasting at  least
fifteen  days  prior  to  the tasting. A winery that obtains a permit to
conduct such wine OR CIDER tastings does not need to apply for or obtain
a temporary beer or wine permit pursuant to section ninety-seven of this
chapter or any other permit to conduct such a tasting or to sell wine OR
CIDER by the bottle for off-premises consumption at such tastings.
  (iii) Such winery may charge a fee for each wine OR CIDER sample tast-
ed. Tastings shall be conducted by an official agent, representative  or
solicitor  of  such  winery.  The  state liquor authority may promulgate
rules and regulations regarding such tastings as provided  for  in  this
subdivision.
  4.  A  licensed winery may apply to the liquor authority for a license
to sell wine OR ANY NEW YORK STATE LABELED CIDER at retail for  consump-
tion  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 application.
  5.  Notwithstanding any provision of this chapter to the contrary, any
one or more winery licensees, singly or jointly, may apply to the liquor
authority for a license or licenses to sell wine AND ANY NEW YORK  STATE
LABELED  CIDER at retail for consumption off the premises. For licensees
applying singly, the duration of such license shall be coextensive  with
the  duration  of  such  licensee's winery license, and the fee therefor
shall be five hundred 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, two
hundred fifty dollars; and elsewhere, the sum of one hundred twenty-five
dollars. Such license shall entitle the holder thereof to sell at retail
for consumption off the premises any New York  state  labelled  wine  OR
CIDER.  Such  license  shall  also entitle the holder thereof to conduct
wine AND CIDER tastings.  Such license shall also authorize the sale  by
the  holder  thereof of New York state labelled wine OR CIDER, in sealed

S. 6909--B                          5

containers for off-premises consumption,  from  the  specially  licensed
premises of any person licensed pursuant to section eighty-one-a of this
article  to sell wine at retail for consumption on premises in which the
principal  business  is  the  operation  of a legitimate theater or such
other lawful adult entertainment or recreational facility as the  liquor
authority  may  classify  for eligibility pursuant to subdivision six of
section sixty-four-a of this chapter. Not more than five  such  licenses
shall  be  issued, either singly or jointly, to any licensed winery. All
other provisions of this chapter relative to licenses to  sell  wine  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 subdivi-
sion  shall be subject to the same rules and regulations as are applica-
ble to the sale of wine at retail for consumption off  the  premises  of
the winery licensee.
  S  7.  Subdivisions  2 and 3 of section 76-a of the alcoholic beverage
control law, as added by chapter 221 of the laws of 2011, paragraph  (c)
of  subdivision  2  as  amended  by chapter 384 of the laws of 2013, are
amended to read as follows:
  2. A farm winery license shall authorize the holder thereof to:
  (a) operate a farm winery for the manufacture of wine or cider at  the
premises specifically designated in the license;
  (b)  sell in bulk from the licensed premises the products manufactured
under such license OR ANY NEW YORK STATE LABELED  CIDER  to  any  winery
licensee, any other farm winery licensee, any distiller licensee or to a
permittee  engaged  in  the  manufacture of products which are unfit for
beverage use and to sell or  deliver  such  wine  OR  CIDER  to  persons
outside  the  state  pursuant  to  the laws of the place of such sale or
delivery;
  (c) sell from the licensed premises to a licensed winery, farm distil-
ler, farm brewery, farm cidery, wholesaler or retailer, or to  a  corpo-
ration  operating  railroad  cars  or  aircraft  for consumption on such
carriers, or at retail for consumption off the premises, wine  or  cider
manufactured  by  the  licensee  OR  ANY NEW YORK STATE LABELED CIDER as
above set forth and to sell or deliver such wine  or  cider  to  persons
outside  the  state  pursuant  to  the laws of the place of such sale or
delivery. All wine or cider sold by such licensee  for  consumption  off
the  premises shall be securely sealed and have attached thereto a label
setting forth such information as shall be required by this chapter;
  (d) operate, or use the  services  of,  a  custom  crush  facility  as
defined in subdivision nine-a of section three of this chapter;
  (e)  sell cider and wine at retail for consumption on or off the prem-
ises;
  (f) sell wine AND CIDER 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 the farm winery for
which  the  licensee  is licensed. 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 wine at retail for consumption  on  the
premises.
  3.  (a) Any person having applied for and received a license as a farm
winery under this section may conduct wine AND  CIDER  tastings  of  New
York  state  labelled  wines AND CIDERS in establishments licensed under
section sixty-three of this chapter and  section  seventy-nine  of  this

S. 6909--B                          6

article to sell wine OR ANY NEW YORK STATE LABELED CIDER for off-premis-
es consumption. Such farm winery may charge a fee for each wine OR CIDER
sample  tasted.  The  state  liquor authority shall promulgate rules and
regulations regarding such tastings as provided for in this subdivision.
  (b)  Any  person  having  applied for and received a license as a farm
winery under this section may conduct wine AND  CIDER  tastings  of  New
York  state  labelled wines AND CIDERS and apply to the liquor authority
for a permit to sell wine produced by such farm winery OR ANY  NEW  YORK
STATE  LABELED  CIDER, by the bottle, during such tastings in establish-
ments licensed under sections sixty-four and sixty-four-a of this  chap-
ter  and  section  eighty-one or section eighty-one-a of this article to
sell wine for consumption on the premises. Such farm winery may charge a
fee of no more than twenty-five cents for  each  wine  OR  CIDER  sample
tasted.  The  state  liquor  authority  shall promulgate rules and regu-
lations regarding such tastings as provided for in this subdivision.
  (c) Tastings shall be conducted subject to the following limitations:
  (i) wine OR CIDER tastings shall be conducted by  an  official  agent,
representative  or  solicitor  of one or more farm wineries. 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
wine tasting 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 winery.
  (d) (i) Any person having applied for and received a license as a farm
winery under this section may conduct wine AND  CIDER  tastings  of  New
York  state labelled wines AND CIDERS and sell such wine OR CIDER by the
bottle, during such tasting, for off-premises consumption at outdoor  or
indoor  gatherings,  functions,  occasions  or  events, within the hours
fixed by or pursuant to subdivision fourteen of section one hundred five
of this chapter, sponsored by a bona fide charitable  organization.  For
the  purposes  of  this  paragraph,  a bona fide charitable organization
shall mean and include any bona fide religious or  charitable  organiza-
tion or bona fide educational, fraternal or service organization or bona
fide  organization  of  veterans or volunteer firefighters, which by its
charter, certificate of  incorporation,  constitution,  or  act  of  the
legislature,  shall  have among its dominant purposes one or more of the
lawful purposes as defined in subdivision five of  section  one  hundred
eighty-six of the general municipal law.
  (ii)  Upon  application,  the  liquor  authority shall issue an annual
permit authorizing such farm winery to participate in  such  outdoor  or
indoor  gatherings, functions, occasions or events sponsored by a chari-
table organization. The farm winery must give the authority  written  or
electronic  notice of the date, time and specific location of each tast-
ing at least fifteen days prior to  the  tasting.  A  farm  winery  that
obtains a permit to conduct such wine OR CIDER tastings does not need to
apply  for or obtain a temporary beer or wine permit pursuant to section
ninety-seven of this chapter or any other permit to conduct such a tast-
ing or to sell wine OR CIDER by the bottle for off-premises  consumption
at such tastings.
  (iii)  Such farm winery may charge a fee for each wine OR CIDER sample
tasted.  Tastings shall be conducted by  an  official  agent,  represen-
tative  or solicitor of such farm winery. The state liquor authority may
adopt rules and regulations regarding such tastings as provided in  this
subdivision.

S. 6909--B                          7

  S  8.  Paragraph  (a) of subdivision 7-b of section 3 of the alcoholic
beverage control law, as amended by chapter 384 of the laws of 2013,  is
amended to read as follows:
  (a)  "Cider"  means  the  partially or fully fermented juice of fresh,
whole apples or other pome fruits, containing more than three  and  two-
tenths  per centum but not more than eight and one-half per centum alco-
hol by volume: (i) to which nothing has been added to increase the alco-
holic content produced by natural fermentation; and (ii) with the  usual
cellar  treatments  and  necessary  additions  to correct defects due to
climate, [saccharine] SUGAR  levels  and  seasonal  conditions.  Nothing
contained  in  this  subdivision  shall be deemed to preclude the use of
such methods or materials as may be  necessary  to  encourage  a  normal
alcoholic  fermentation  and  to make a product that is free of microbi-
ological activity at the  time  of  sale.  Cider  may  be  sweetened  or
flavored  after  fermentation with fruit juice, fruit juice concentrate,
sugar, maple syrup, honey, spices or other agricultural products,  sepa-
rately  or  in  combination.  Cider may contain retained or added carbon
dioxide.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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Senate Bill S6909B

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Sponsored By

David J. Valesky

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Bill Amendments

co-Sponsors

Jeffrey D. Klein

2013-S6909 - Details

2013-S6909 - Summary

2013-S6909 - Sponsor Memo

2013-S6909 - Bill Text download pdf

co-Sponsors

Jeffrey D. Klein

2013-S6909A - Details

2013-S6909A - Summary

2013-S6909A - Sponsor Memo

2013-S6909A - Bill Text download pdf

co-Sponsors

Jeffrey D. Klein

2013-S6909B (ACTIVE) - Details

2013-S6909B (ACTIVE) - Summary

2013-S6909B (ACTIVE) - Sponsor Memo

2013-S6909B (ACTIVE) - Bill Text download pdf

Comments