senate Bill S5833

Signed By Governor
2013-2014 Legislative Session

Creates a farm cidery license

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Sponsored By

Archive: Last Bill Status Via A8047 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 17, 2013 signed chap.384
Oct 11, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1579
substituted for s5833
Jun 21, 2013 substituted by a8047
ordered to third reading cal.1579
Jun 17, 2013 referred to rules

Votes

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Co-Sponsors

S5833 - Bill Details

See Assembly Version of this Bill:
A8047
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ABC L, generally; amd §16, Ag & Mkts L; amd §§210, 606 & 1136, Tax L

S5833 - Bill Texts

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Creates a farm cidery license; relates to farm cidery sales tax information return filing requirements.

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BILL NUMBER:S5833

TITLE OF BILL:
An act
to amend the alcoholic beverage control law and the agriculture and
markets law, in relation to the creation of a farm cidery
license and to amend the tax law, in relation to
farm cidery
sales tax
information return filing requirements

Purpose:
This legislation would authorize the establishment and licensure of
farm cideries for the manufacture and sale of cider made from crops
grown in New York State and would exclude licensed farm cideries from
the sales tax information return filing requirements imposed by Tax
Law § 1136(i)(1)(C).

Summary of Provisions:

Section 1 of the bill would amend Alcoholic Beverage Control Law
("ABCL") § 3 (7-b) to revise the definition of "cider" to increase
the alcohol percentage by volume from 7% to 8.5%, to allow other pome
fruits (such as pears) to be used in cider, and to allow the addition
of other ingredients to flavor the cider after fermentation.

Section 2 of the bill would add new subdivisions (7-c) and (7-c) to
ABCL § 3 to establish definitions of "cidery" and "farm cidery."
"Cidery" means "any place or premises wherein cider is manufactured
for sale," and "farm cidery" means "any place or premises, located on
a farm in New York state, in which New York state labelled cider is
manufactured, stored and sold, or any other place or premises in New
York state in which New York state labelled cider is
manufactured, stored and sold."

Section 3 of the bill would amend ABCL § 3(20-e) to revise the
definition of "New York state labelled cider," which currently must
be made exclusively from apples grown in New York,. This bill would
allow the use of other pome fruits grown in New York State.

Sections 4 and 5 of the bill would amend ABCL § .58 to establish an
annual license fee of $75 for a farm cidery license and to permit
licensed cider producers to produce New York State labeled cider and
to: (a) sell such cider to licensed farm distillers, farm wineries,
farm cideries and farm breweries; (b) conduct tastings at the
licensed premises of such cider; (c) sell such cider at retail for
consumption off the premises at the New York State Fair, recognized
county fairs and farmers markets; (d) sell and conduct tastings of
such cider at retail for consumption on the
premises of a restaurant, conference center, inn, bed and breakfast,
or hotel owned and operated by the licensee in or adjacent to its
farm cidery; and (e) apply for a permit to conduct tastings away from
the licensed premises under certain conditions.

Section 6 of the bill would create a new ABCL § 58-c to establish a
new license category for farm cideries. A farm cidery would be
permitted to manufacture only New York State labelled cider in


quantities not to exceed 150,000 gallons annually. A farm cidery
would also be permitted to: (a) sell in bulk its cider to other
licensed manufacturers of alcoholic beverages; (b) sell or deliver
its cider to persons outside the State; (c) sell its cider to
wholesalers, retailers, farm distillers, farm wineries, farm
breweries and other farm cideries; (d) sell its cider at retail for
consumption on or off the premises; (e) conduct tastings on the
licensed premises of cider manufactured by the licensee or any other
farm cidery; (f) sell and conduct tastings of cider manufactured by
the licensee or any other farm cidery at retail for consumption on
the premises of a restaurant, conference center, inn, bed and
breakfast, or hotel owned and operated by the licensee in or adjacent
to the farm cidery; (g) sell cider manufactured by the licensee or
any other farm cidery at retail for consumption off the premises at
the State Fair, recognized county fairs, and farmers markets; (h)
conduct tastings of and sell at retail for consumption off the
premises New York State labelled beer, wine and liquor.
In addition, the farm cidery license allows a farm cidery sell New
York State labelled beer, wine and liquor at retail within certain
limitations and to sell food items to complement cider tastings. A
farm cidery may also sell food condiments and products such as
mustards, sauces, jams, jellies, mulling spices; cider-making
equipment and supplies; and souvenirs, artwork, crafts, and other
gift items. The license also permits a farm cidery to operate up to
five branch offices.

In the event that a natural disaster, act of God, or continued adverse
weather condition destroys the necessary New York. grown apple crop
for cider, the Commissioner of Agriculture and Markets, in
consultation with the Chairman of the State Liquor Authority, may
give authorization to a farm cidery to produce cider from apples
grown outside the State.

Sections 7 and 8 of the bill would amend ABCL §§ 56 and 56-a to
provide that the filing fee for an initial application for a farm
cidery license is $400 and the filing fee for a renewal application
is $100.

Sections 9 through 17 of the bill would amend ABCL §§ 51, 51-a, 61,
76, and 76-a to: (a) allow farm breweries, farm distilleries, and
farm wineries to conduct tastings of and sell at retail New York
State labelled cider from a cider producer or farm cidery; (b) allow
breweries, farm breweries, distillers, wineries, and farm wineries to
sell their New York State labelled alcoholic beverages to farm
cideries; and (c) to make technical corrections to allow wineries and
distillers to sell their New York State labelled alcoholic beverages
to farm distilleries

Section 18 of the bill would amend Agriculture and Markets Law
16(42) to grant the Commissioner of Agriculture and Markets the power
to investigate and report on crop losses affecting the production of
New York State labelled cider.

Sections 19 and 20 of the bill would amend Tax Law §§ 210(22)(i) and
606(n)(8) to provide an agricultural property tax credit against
corporate franchise taxes and personal income taxes for income
derived from the sale of cider by a farm cidery.


Section 21 of the bill would amend Tax Law § 1136(i)(1)(C) to exempt
farm cideries from the sales tax information return filing
requirements.

Section 22 of the bill provides that the act will take effect 90 days
after becoming law.

Existing Law:
Under current law, all licenses to manufacture cider are issued under
ABCL § 58. Cider producers have a limited ability to sell their
products at retail. In addition, there are restrictions on the
activities that can be conducted by a licensed cider producer. In
recent years, licenses have been established for farm wineries, farm
distilleries, and, in 2012, farm breweries. No similar license exists
for cider.

With respect to the sales tax information reporting provisions of Tax
Law
§ 1136(i)(1)(C), last year the law was amended to exempt farm
wineries, farm distilleries, and farm breweries from the tax
reporting provisions. This bill would extend such exemption to farm
cideries.

Statement in Support:
The Wine, Beer and Spirits Summit, hosted by Governor Cuomo on October
24, 2012, identified an increased interest in the production of hard
cider in New York State. New York has already established licenses
for farm producers of wine, spirits, and beer, but not for cider.
This bill would provide small craft cider makers with additional
opportunities to highlight and market their products. The provisions
of new ABCL § 58-c are modeled on similar provisions for farm
breweries enacted in 2012 in ABCL § 51-a, which were themselves based
on provisions for farm wineries in ABCL § 76-a and for farm
distilleries in ABCL § 61(2-c). The farm winery and farm distillery
licensing programs have been an integral part of promoting these
industries in New York.

By allowing farm cideries to expand the activities that can be
conducted at the licensed premises, these businesses, much like farm
wineries, will become destination locations that will promote tourism
within their communities In addition, the need for apples in the
manufacture of New York State labeled cider would create a sustained
demand for products from New York's farmers.

As with farm wineries, farm distilleries, and farm breweries, it will
be difficult for farm cideries to absorb the cost of complying with
the annual sales tax information return requirements. Exempting farm
cideries from such requirement will not undermine the effectiveness
of the third-party reporting requirements because purchases from farm
cideries are expected to account for a very small percentage of
retailers' overall purchases. Moreover, farm cideries will be
required to maintain sales records pursuant to requirements imposed
by the State Liquor Authority, which the Department of Taxation and
Finance may obtain upon request.


Budget Implications:
This bill is not expected to have a significant impact on the State's
budget.

Effective Date:
This act shall take effect on the 90th day after it becomes law.

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

                                  5833

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by Sens. VALESKY, RITCHIE -- (at request of the Governor) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Rules

AN  ACT  to amend the alcoholic beverage control law and the agriculture
  and markets law, in relation to the creation of a farm cidery  license
  and  to amend the tax law, in relation to farm cidery sales tax infor-
  mation return filing requirements

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

  Section  1.  Subdivision  7-b  of  section 3 of the alcoholic beverage
control law, as amended by chapter 578 of the laws of 1978,  is  amended
to read as follows:
  7-b.  (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 [seven] EIGHT AND  ONE-HALF  per
centum alcohol by volume[, when used for beverage purposes, and]: (I) to
which  nothing has been added to increase the alcoholic content produced
by natural fermentation; AND (II) WITH THE USUAL CELLAR  TREATMENTS  AND
NECESSARY ADDITIONS TO CORRECT DEFECTS DUE TO CLIMATE, SACCHARINE LEVELS
AND SEASONAL CONDITIONS.  Nothing contained in this subdivision shall be
deemed to preclude the use of such methods or materials as may be neces-
sary  to encourage a normal alcoholic fermentation and to make a product
that is free of microbiological activity at the time of sale. Cider  may
be  sweetened  OR  FLAVORED after fermentation with [apple] FRUIT juice,
[apple] FRUIT juice concentrate, [or] sugar, MAPLE SYRUP, HONEY,  SPICES
OR  OTHER AGRICULTURAL PRODUCTS, separately or in combination. Cider may
contain retained or added carbon dioxide.
  (B) IN THE EVENT THAT AN ALCOHOLIC BEVERAGE MEETS  THE  DEFINITION  OF
BOTH  A CIDER, AS DEFINED IN THIS SUBDIVISION, AND A WINE, AS DEFINED IN
SUBDIVISION THIRTY-SIX OF THIS SECTION, THE BRAND OR  TRADE  NAME  LABEL
OWNER  OF SUCH ALCOHOLIC BEVERAGE SHALL DESIGNATE WHETHER SUCH ALCOHOLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12041-01-3

S. 5833                             2

BEVERAGE SHALL BE SOLD AS A CIDER OR A WINE FOR ALL PURPOSES UNDER  THIS
CHAPTER.
  S  2.    Section 3 of the alcoholic beverage control law is amended by
adding two new subdivisions 7-c and 7-d to read as follows:
  7-C. "CIDERY" MEANS AND INCLUDES ANY PLACE OR  PREMISES WHEREIN  CIDER
IS MANUFACTURED FOR SALE.
  7-D.  "FARM  CIDERY" MEANS AND INCLUDES ANY PLACE OR PREMISES, LOCATED
ON A FARM IN NEW YORK STATE, IN WHICH NEW YORK STATE LABELLED  CIDER  IS
MANUFACTURED,  STORED  AND  SOLD,  OR ANY OTHER PLACE OR PREMISES IN NEW
YORK STATE IN WHICH NEW  YORK  STATE  LABELLED  CIDER  IS  MANUFACTURED,
STORED AND SOLD.
  S  3.  Subdivision 20-e of section 3 of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read  as
follows:
  20-e.  "New  York  state  labelled cider" means cider made exclusively
from apples OR OTHER POME FRUITS grown in New York state.
  S 4. Subdivisions 1 and 3 of section  58  of  the  alcoholic  beverage
control  law,  subdivision  1  as  amended and subdivision 3 as added by
chapter 347 of the laws of 1999, are amended to read as follows:
  1. Any person may apply to the liquor authority for a cider producers'
or wholesalers' license as provided for in this subdivision. Such appli-
cation shall be in writing and shall contain  such  information  as  the
liquor authority shall require. Such application shall be accompanied by
a  check  or  draft for the amount required by this subdivision for such
license. If the liquor authority shall grant the  application  it  shall
issue  a  license  in  such  form as shall be determined by its rules. A
license issued under this subdivision shall authorize  the  licensee  to
manufacture cider within the licensed premises in this state for sale in
bottles,  barrels  or  casks  to  beer,  wine and liquor retail licensee
and/or to sell cider at wholesale from the  licensed  premises  to  such
licensees  and  to  holders  of  licenses under this section in bottles,
barrels or casks and to sell and deliver cider to  persons  outside  the
state  pursuant  to  the laws of the place of such sale or delivery. The
annual fee for such a license shall be one hundred twenty-five  dollars;
PROVIDED,  HOWEVER,  THAT THE ANNUAL FEE FOR A FARM CIDERY LICENSE SHALL
BE SEVENTY-FIVE DOLLARS.  The provisions contained in section sixty-sev-
en of this chapter shall apply to all licenses issued pursuant  to  this
article.
  3.  Notwithstanding  any  provision of this chapter to the contrary, a
licensed cider [producer or] wholesaler may apply to the liquor authori-
ty for a permit to sell New York state labelled cider by the bottle  and
conduct cider tastings at the state fair, at recognized county fairs and
at farmers markets operated on a not-for-profit basis. As a condition of
such  permit,  an  agent,  representative  or  solicitor  from the cider
[producer or] wholesaler shall be present at the time of sale  or  tast-
ings.
  S  5.   Section 58 of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. A LICENSED CIDER PRODUCER PRODUCING NEW YORK STATE LABELLED CIDER
MAY:
  (A) SELL SUCH CIDER TO LICENSED FARM DISTILLERS, FARM  WINERIES,  FARM
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;

S. 5833                             3

  (C)  SELL SUCH 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 AT RETAIL FOR CONSUMPTION
ON THE PREMISES OF A RESTAURANT, CONFERENCE CENTER, INN, BED AND  BREAK-
FAST 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;
  (E)  APPLY  FOR  A  PERMIT  TO CONDUCT TASTINGS AWAY FROM THE LICENSED
PREMISES OF SUCH 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  PRIVILEGE  GRANTED THEREBY SHALL BE
SUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORITY AS IT DEEMS NECES-
SARY. 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  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
CIDER, FOR CONSUMPTION OFF THE PREMISES, DURING SUCH TASTINGS  IN  PREM-
ISES  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.
  S 6. The alcoholic beverage control law is amended  by  adding  a  new
section 58-c to read as follows:
  S  58-C. FARM CIDERY LICENSE. 1. ANY PERSON MAY APPLY TO THE AUTHORITY
FOR A FARM CIDERY LICENSE AS PROVIDED FOR IN  THIS  SECTION  TO  PRODUCE
CIDER  WITHIN  THIS STATE FOR SALE. SUCH APPLICATION SHALL BE IN WRITING
AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE  AUTHORITY  SHALL
REQUIRE.  SUCH  APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR
THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF  THE  AUTHORITY
GRANTS  THE  APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL
BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION  OF
THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO
THE PERSON THEREIN SPECIFICALLY DESIGNATED TO PRODUCE CIDER IN THE PREM-
ISES THEREIN SPECIFICALLY LICENSED.
  2. A FARM CIDERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPERATE
A  CIDERY  FOR  THE MANUFACTURE OF NEW YORK STATE LABELLED CIDER. SUCH A
LICENSE SHALL ALSO AUTHORIZE THE LICENSEE TO:
  (A) SELL IN BULK CIDER MANUFACTURED BY  THE  LICENSEE  TO  ANY  PERSON
LICENSED  TO  MANUFACTURE  ALCOHOLIC  BEVERAGES  IN  THIS  STATE OR TO A
PERMITTEE ENGAGED IN THE MANUFACTURE OF PRODUCTS  WHICH  ARE  UNFIT  FOR
BEVERAGE USE;
  (B)  SELL  OR  DELIVER  CIDER  MANUFACTURED BY THE LICENSEE TO PERSONS
OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH DELIVERY;
  (C) SELL CIDER MANUFACTURED BY THE LICENSEE TO WHOLESALERS AND RETAIL-
ERS LICENSED IN THIS STATE TO SELL SUCH CIDER, LICENSED FARM DISTILLERS,
LICENSED FARM WINERIES, LICENSED FARM BREWERIES AND ANY  OTHER  LICENSED

S. 5833                             4

FARM  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 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;
  (F) SELL AND CONDUCT TASTINGS OF CIDER MANUFACTURED BY THE LICENSEE OR
ANY OTHER LICENSED FARM CIDERY 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  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 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;
  (H)  CONDUCT  TASTINGS  OF  AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELED BEER MANUFACTURED BY A LICENSED  BREWERY
OR LICENSED FARM BREWERY;
  (I)  CONDUCT  TASTINGS  OF  AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELLED WINE MANUFACTURED BY A LICENSED  WINERY
OR LICENSED FARM WINERY;
  (J)  CONDUCT  TASTINGS  OF  AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE  LABELLED  LIQUOR  MANUFACTURED  BY  A  LICENSED
DISTILLER OR LICENSED FARM DISTILLER; PROVIDED, HOWEVER, THAT NO CONSUM-
ER  MAY  BE  PROVIDED,  DIRECTLY OR INDIRECTLY: (I) WITH MORE THAN THREE
SAMPLES OF LIQUOR FOR TASTING IN ONE CALENDAR DAY; OR (II) WITH A SAMPLE
OF LIQUOR FOR TASTING EQUAL TO MORE THAN ONE-QUARTER FLUID OUNCE; AND
  (K) ENGAGE IN ANY OTHER BUSINESS ON THE LICENSED PREMISES  SUBJECT  TO
SUCH  RULES  AND  REGULATIONS AS THE AUTHORITY MAY PRESCRIBE. SUCH RULES
AND REGULATIONS SHALL DETERMINE WHICH BUSINESSES WILL BE COMPATIBLE WITH
THE POLICY AND PURPOSES OF THIS CHAPTER AND SHALL CONSIDER THE EFFECT OF
PARTICULAR BUSINESSES ON THE COMMUNITY AND AREA IN THE VICINITY  OF  THE
FARM CIDERY LICENSEE.
  3.  (A) A FARM CIDERY LICENSEE MAY APPLY FOR A PERMIT TO CONDUCT TAST-
INGS AWAY FROM THE LICENSED PREMISES OF CIDER PRODUCED BY THE  LICENSEE.
SUCH  PERMIT SHALL BE VALID THROUGHOUT THE STATE AND MAY BE ISSUED ON AN
ANNUAL BASIS OR FOR INDIVIDUAL EVENTS. EACH SUCH PERMIT AND THE EXERCISE
OF THE PRIVILEGE GRANTED THEREBY SHALL BE  SUBJECT  TO  SUCH  RULES  AND
CONDITIONS OF THE AUTHORITY AS IT DEEMS NECESSARY.
  (B) TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING LIMITATIONS:
  (I)  TASTINGS  SHALL BE CONDUCTED BY AN OFFICIAL AGENT, REPRESENTATIVE
OR SOLICITOR OF ONE OR MORE FARM CIDERIES. 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  CIDER  AS  AUTHORIZED  HEREIN  AND  IN  ACCORDANCE WITH THE
PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,
SHALL ACCRUE TO THE FARM CIDERY.
  4. A LICENSED FARM CIDERY HOLDING A TASTING PERMIT ISSUED PURSUANT  TO
SUBDIVISION  THREE  OF  THIS  SECTION  MAY  APPLY TO THE AUTHORITY FOR A
PERMIT TO SELL CIDER PRODUCED BY SUCH FARM CIDERY, BY THE BOTTLE, DURING

S. 5833                             5

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.
  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  AT RETAIL IN BULK BY THE KEG, CASK OR BARREL FOR
CONSUMPTION AND NOT FOR RESALE AT A CLAM-BAKE, BARBEQUE, PICNIC,  OUTING
OR  OTHER SIMILAR OUTDOOR GATHERING AT WHICH MORE THAN FIFTY PERSONS ARE
ASSEMBLED.
  6. A LICENSED FARM CIDERY MAY APPLY TO THE AUTHORITY FOR A LICENSE  TO
SELL  BEER, LIQUOR AND/OR WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES
IN A RESTAURANT OWNED BY HIM AND CONDUCTED AND OPERATED BY THE  LICENSEE
IN OR ADJACENT TO ITS FARM CIDERY. ALL OF THE PROVISIONS OF THIS CHAPTER
RELATIVE  TO LICENSES TO SELL BEER, LIQUOR OR WINE AT RETAIL OR CONSUMP-
TION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE.
  7.  A FARM CIDERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO  MANU-
FACTURE,  BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS MUSTARDS,
SAUCES, JAMS, JELLIES, MULLING SPICES AND OTHER CIDER RELATED  FOODS  IN
ADDITION  TO  OTHER  SUCH FOOD AND CRAFTS ON AND FROM THE LICENSED PREM-
ISES. SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND  SELL
GIFT  ITEMS  IN A TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO
THE SALE OF CIDER. THESE GIFT ITEMS SHALL BE LIMITED  TO  THE  FOLLOWING
CATEGORIES:
  (A)  NON-ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION  ON  OR  OFF PREMISES,
INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES;
  (B) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING CIDER TASTINGS,  WHICH
SHALL  MEAN  A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED
WITHOUT THE USE OF TABLEWARE AND  CAN  BE  CONVENIENTLY  CONSUMED  WHILE
STANDING  OR  WALKING.  SUCH FOOD ITEMS SHALL INCLUDE BUT NOT BE LIMITED
TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACK-
ERS;
  (C) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND
ANY FOOD  OR  FOOD  PRODUCT  NOT  SPECIFICALLY  PREPARED  FOR  IMMEDIATE
CONSUMPTION  UPON  THE  PREMISES. SUCH FOOD ITEMS MAY BE COMBINED INTO A
PACKAGE CONTAINING CIDER RELATED PRODUCTS;
  (D) CIDER SUPPLIES AND  ACCESSORIES,  WHICH  SHALL  INCLUDE  ANY  ITEM
UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF CIDER OR FOR DECORA-
TIVE  PURPOSES.  THESE  SUPPLIES  MAY  BE SOLD AS SINGLE ITEMS OR MAY BE
COMBINED INTO A PACKAGE CONTAINING CIDER;
  (E) CIDER-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO,
HOME CIDER-MAKING KITS, FILTERS, BOTTLING EQUIPMENT, AND BOOKS OR  OTHER
WRITTEN MATERIAL TO ASSIST CIDER-MAKERS AND HOME CIDER-MAKERS TO PRODUCE
AND BOTTLE CIDER;
  (F)  SOUVENIR  ITEMS,  WHICH  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO
ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER  ARTICLES
WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.
  8.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY
FARM CIDERY LICENSEE MAY CHARGE FOR TOURS OF ITS PREMISES.
  9. THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION MAY OPERATE UP TO
FIVE BRANCH OFFICES LOCATED AWAY FROM THE  LICENSED  FARM  CIDERY.  SUCH
LOCATIONS  SHALL  BE  CONSIDERED  PART  OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM CIDERY MAY BE CONDUCTED AT
THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL  NOT  BE  LOCATED  WITHIN,
SHARE  A  COMMON  ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO

S. 5833                             6

ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE,
THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF  SUCH  BRANCH
OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME.
  10.  NO  FARM  CIDERY SHALL MANUFACTURE IN EXCESS OF ONE HUNDRED FIFTY
THOUSAND GALLONS OF CIDER ANNUALLY.
  11. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  NO
LICENSED  FARM CIDERY SHALL MANUFACTURE OR SELL ANY CIDER OTHER THAN NEW
YORK STATE LABELLED CIDER.
  (B) IN THE EVENT THAT THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,
AFTER  INVESTIGATING  AND  COMPILING INFORMATION PURSUANT TO SUBDIVISION
FORTY-TWO OF SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW,  DETER-
MINES  THAT A NATURAL DISASTER, ACT OF GOD, OR CONTINUED ADVERSE WEATHER
CONDITION HAS DESTROYED MUCH OF THE APPLE CROP NECESSARY  FOR  PRODUCING
CIDER,  SUCH  COMMISSIONER,  IN  CONSULTATION  WITH  THE CHAIRMAN OF THE
AUTHORITY, MAY GIVE AUTHORIZATION TO A  DULY  LICENSED  FARM  CIDERY  TO
MANUFACTURE OR SELL CIDER PRODUCED FROM APPLES GROWN OUTSIDE THIS STATE.
NO  SUCH AUTHORIZATION SHALL BE GRANTED TO A FARM CIDERY LICENSEE UNLESS
SUCH LICENSEE CERTIFIES TO SUCH COMMISSIONER THE QUANTITY  OF  NEW  YORK
GROWN  APPLES UNAVAILABLE TO SUCH LICENSEE DUE TO SUCH NATURAL DISASTER,
ACT OF GOD OR CONTINUING ADVERSE WEATHER CONDITION  AND  SATISFIES  SUCH
COMMISSIONER  THAT  REASONABLE EFFORTS WERE MADE TO OBTAIN APPLES FROM A
NEW YORK STATE SOURCE FOR SUCH CIDER  MAKING  PURPOSE.  NO  FARM  CIDERY
SHALL  UTILIZE  AN  AMOUNT  OF  OUT-OF-STATE  GROWN APPLES EXCEEDING THE
AMOUNT OF NEW YORK GROWN APPLES THAT SUCH CIDERY IS UNABLE TO OBTAIN DUE
TO THE DESTRUCTION OF NEW YORK GROWN APPLES BY A NATURAL  DISASTER,  ACT
OF  GOD  OR  CONTINUING  ADVERSE  WEATHER CONDITION AS DETERMINED BY THE
COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT  TO  THIS  SUBDIVISION.
FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE DEPARTMENT OF AGRICULTURE AND
MARKETS AND THE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND  REGULATIONS
AS  THEY MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVI-
SION WHICH SHALL INCLUDE  ENSURING  THAT  IN  MANUFACTURING  CIDER  FARM
CIDERIES  UTILIZE  APPLES GROWN IN NEW YORK STATE TO THE EXTENT THEY ARE
REASONABLY AVAILABLE, PRIOR TO UTILIZING  APPLES  FROM  AN  OUT-OF-STATE
SOURCE FOR SUCH PURPOSE.
  (C)  THE  COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAKE AVAILABLE
TO FARM CIDERIES AND TO THE PUBLIC EACH  SPECIFIC  APPLE  LOSS  DETERMI-
NATION  ISSUED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION ON OR AFTER
AUGUST TWENTIETH OF EACH YEAR.
  (D) IN THE EVENT THAT THE CONTINUING EFFECTS OF  A  NATURAL  DISASTER,
ACT  OF GOD, OR ADVERSE WEATHER CONDITION WHICH OCCURRED PRIOR TO AUGUST
TWENTIETH OF EACH YEAR OR THE EFFECTS OF A NATURAL DISASTER, ACT OF GOD,
OR ADVERSE WEATHER CONDITION WHICH OCCURS SUBSEQUENT TO AUGUST TWENTIETH
OF EACH YEAR RESULTS IN ANY APPLE CROP LOSS WHICH  MEETS  THE  STANDARDS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER OF AGRI-
CULTURE AND MARKETS, IN CONSULTATION WITH THE CHAIRMAN OF THE AUTHORITY,
MAY  ISSUE  ADDITIONAL  APPLE  CROP  LOSS DETERMINATIONS AND SHALL EXPE-
DITIOUSLY MAKE AVAILABLE TO FARM CIDERIES AND TO  THE  PUBLIC  THE  LOSS
DETERMINATION  ISSUED  PURSUANT TO THIS PARAGRAPH PRIOR TO OCTOBER TENTH
OF EACH YEAR.
  12. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF  ANY  RULE  OR
REGULATION  PROMULGATED  PURSUANT THERETO, AND IN ADDITION TO THE ACTIV-
ITIES WHICH MAY OTHERWISE BE CARRIED OUT BY ANY  PERSON  LICENSED  UNDER
THIS  SECTION,  SUCH  PERSON  MAY,  ON  THE  PREMISES DESIGNATED IN SUCH
LICENSE:

S. 5833                             7

  (A) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS  AND  OTHER
NON-ALCOHOLIC BEVERAGES, VITAMINS, AND OTHER BY-PRODUCTS;
  (B) RECOVER CARBON DIOXIDE AND YEAST;
  (C)  STORE  BOTTLES,  PACKAGES AND SUPPLIES NECESSARY OR INCIDENTAL TO
ALL SUCH OPERATIONS;
  (D) PACKAGE, BOTTLE, SELL AND DELIVER WINE PRODUCTS;
  (E) ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE  RENTED
BY A LICENSED TENANT CIDER PRODUCER FOR THE PURPOSES OF ALTERNATION.
  13. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY  ISSUE  A  FARM CIDERY LICENSE TO THE HOLDER OF A FARM BREWERY, FARM
WINERY OR FARM DISTILLER'S LICENSE FOR USE AT SUCH  LICENSEE'S  EXISTING
LICENSED  PREMISES.  THE  HOLDER  OF A FARM BREWERY, FARM WINERY OR FARM
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.
  14.  THE  AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. IN PRESCRIBING  SUCH
RULES  AND  REGULATIONS,  THE  AUTHORITY SHALL PROMOTE THE EXPANSION AND
PROFITABILITY OF CIDER PRODUCTION AND OF TOURISM IN  NEW  YORK,  THEREBY
PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE
AGRICULTURAL LANDS.
  S  7.  Subdivision 1 of section 56-a of the alcoholic beverage control
law, as amended by chapter 108 of the laws of 2012, is amended  to  read
as follows:
  1.  In addition to the annual fees provided for in this chapter, there
shall be paid to the authority  with  each  initial  application  for  a
license  filed  pursuant to section fifty-one, fifty-one-a, fifty-three,
fifty-eight, FIFTY-EIGHT-C, sixty-one, sixty-two, seventy-six or  seven-
ty-eight  of  this  chapter,  a filing fee of four hundred dollars; with
each initial application for a license filed pursuant to section  sixty-
three,  sixty-four,  sixty-four-a  or  sixty-four-b  of  this chapter, a
filing fee of two hundred dollars; with each initial application  for  a
license filed pursuant to section fifty-three-a, fifty-four, fifty-five,
fifty-five-a,  seventy-nine, eighty-one or eighty-one-a of this chapter,
a filing fee of one hundred dollars; with each initial application for a
permit filed pursuant to section ninety-one,  ninety-one-a,  ninety-two,
ninety-two-a,  ninety-three,  ninety-three-a,  if  such  permit is to be
issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a, or pursuant to paragraph b, c, e or j of  subdivision  one
of  section ninety-nine-b of this chapter if such permit is to be issued
on a calendar year basis, or for an additional bar pursuant to  subdivi-
sion four of section one hundred of this chapter, a filing fee of twenty
dollars;  and  with  each application for a permit under section ninety-
three-a of this chapter, other than a permit to be issued on a  calendar
year  basis, section ninety-seven, ninety-eight, ninety-nine, or ninety-
nine-b of this chapter, other than a permit to  be  issued  pursuant  to
paragraph  b,  c,  e or j of subdivision one of section ninety-nine-b of
this chapter on a calendar year basis, a filing fee of ten dollars.
  S 8. Subdivision 2 of section 56-a of the alcoholic  beverage  control
law,  as  amended by chapter 108 of the laws of 2012, is amended to read
as follows:
  2. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each renewal application for a
license filed pursuant to section fifty-one,  fifty-one-a,  fifty-three,
fifty-eight,  FIFTY-EIGHT-C, sixty-one, sixty-two, seventy-six or seven-

S. 5833                             8

ty-eight of this chapter, a filing fee of one hundred dollars; with each
renewal application for a license filed pursuant to section sixty-three,
sixty-four, sixty-four-a or sixty-four-b of this chapter, a  filing  fee
of  ninety  dollars;  with  each renewal application for a license filed
pursuant to section seventy-nine, eighty-one  or  eighty-one-a  of  this
chapter,  a  filing  fee  of  twenty-five dollars; and with each renewal
application for a license or permit filed  pursuant  to  section  fifty-
three-a, fifty-four, fifty-five, fifty-five-a, ninety-one, ninety-one-a,
ninety-two,  ninety-two-a,  ninety-three, ninety-three-a, if such permit
is issued on a calendar year basis, ninety-four, ninety-five, ninety-six
or ninety-six-a of this chapter or pursuant to subdivisions b, c, e or j
of section ninety-nine-b, if such permit is issued on  a  calendar  year
basis,  or  with each renewal application for an additional bar pursuant
to subdivision four of section one hundred of this chapter, a filing fee
of thirty dollars.
  S 9. Paragraph (a) of subdivision 6-a of section 51 of  the  alcoholic
beverage  control  law,  as added by chapter 108 of the laws of 2012, is
amended to read as follows:
  (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;
  S 10. Paragraph (d) 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:
  (d) sell beer and cider manufactured by the  licensee  to  wholesalers
and  retailers  licensed  in  this  state  to  sell such beer and cider,
licensed farm distillers, licensed farm wineries, LICENSED FARM CIDERIES
and any other licensed farm brewery. All such beer and cider sold by the
licensee shall be securely sealed and have attached thereto a  label  as
shall be required by section one hundred seven-a of this chapter;
  S  11.  Paragraphs (j) and (k) of subdivision 2 of section 51-a of the
alcoholic beverage control law are relettered paragraphs (k) and (l) and
a new paragraph (j) is added to read as follows:
  (J) CONDUCT TASTINGS OF AND SELL AT RETAIL  FOR  CONSUMPTION  OFF  THE
PREMISES  NEW YORK STATE LABELLED CIDER MANUFACTURED BY A LICENSED CIDER
PRODUCER OR LICENSED FARM CIDERY;
  S 12. Subdivision 1 of section 61 of the  alcoholic  beverage  control
law,  as  amended by chapter 108 of the laws of 2012, is amended to read
as follows:
  1. A class A distiller's license shall authorize the holder thereof to
operate a distillery for the manufacture 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  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 any liquor whether or not manufactured by  such  licensee
to a wholesale or retail liquor licensee or permittee in sealed contain-
ers  of  not more than one quart each. Such license shall also authorize
the sale of New York state labelled liquor to  licensed  farm  wineries,
FARM CIDERIES, FARM DISTILLERIES and farm breweries in sealed containers
of  not  more  than  one quart each. Such license shall also include the
privilege to operate a rectifying plant under the same terms and  condi-

S. 5833                             9

tions as the holder of a class B distiller's license without the payment
of any additional fee.
  S  13. Subdivision 1-a 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:
  1-a. A class A-1 distiller's license shall authorize the holder there-
of  to  operate  a distillery which has a production capacity of no more
than thirty-five thousand  gallons  per  year  for  the  manufacture  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 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 [a] LICENSED farm
[winery licensee] 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 privi-
lege  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. Paragraph (a) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012,  is
amended to read as follows:
  (a)  A  class D distiller's license, otherwise known as a farm distil-
lery license, shall authorize the holder of such a license to operate  a
farm distillery at the premises specifically designated in the license:
  (i)  To  manufacture  liquor primarily from farm and food products, as
defined in subdivision two of section  two  hundred  eighty-two  of  the
agriculture and markets law;
  (ii)  To  put  such  liquor into containers of not more than one quart
each, which containers shall then be sealed and to sell such  liquor  at
wholesale,  for  resale,  and  to  licensed farm wineries, FARM CIDERIES
[and], farm breweries[,] AND  OTHER  FARM  DISTILLERIES,  wholesale  and
retail licensees, and permittees;
  (iii) To sell at retail, for personal use, in such sealed containers;
  (iv)  To sell in bulk, liquor manufactured by the licensee to a winery
or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C
distiller's license, or to the holder of a  permit  issued  pursuant  to
paragraph c of subdivision one of section ninety-nine-b of this chapter;
  (v)  To conduct tastings of and sell at retail for consumption off the
premises New York state labelled beer manufactured by a licensed  brewer
or licensed farm brewery;
  (vi) To conduct tastings of and sell at retail for consumption off the
premises  New York state labelled cider manufactured by a licensed brew-
er, licensed farm brewery, licensed farm  winery  [or],  licensed  cider
producer OR LICENSED FARM CIDERY; and
  (vii)  To  conduct  tastings of and sell at retail for consumption off
the premises New York state labelled wine  manufactured  by  a  licensed
winery or licensed farm winery.

S. 5833                            10

  S  15.  Paragraph  (e) of subdivision 2 of section 76 of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012,  is
amended to read as follows:
  (e) to sell from the licensed premises to licensed farm wineries, FARM
CIDERIES,  FARM  DISTILLERIES and farm breweries New York state labelled
wine manufactured by the licensee in the original sealed  containers  of
not more than fifteen gallons each; and
  S  16. Paragraph (c) of subdivision 2 of section 76-a of the alcoholic
beverage control law, as amended by chapter 108 of the laws of 2012,  is
amended to read as follows:
  (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 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;
  S 17. Paragraph (h) of subdivision 6 of section 76-a of the  alcoholic
beverage  control  law,  as added by chapter 108 of the laws of 2012, is
amended to read as follows:
  (h) Conduct tastings of and sell at retail  for  consumption  off  the
premises  New York state labelled cider manufactured by a licensed brew-
er, licensed farm brewery, licensed farm  winery  [or],  licensed  cider
producer OR LICENSED FARM CIDERY.
  S 18. Paragraph (c) of subdivision 42 of section 16 of the agriculture
and markets law, as added by chapter 108 of the laws of 2012, is amended
to read as follows:
  (c)  For  purposes of making timely determinations and consulting with
the chairman of the  state  liquor  authority  pursuant  to  subdivision
twelve   of  section  fifty-one-a  AND  SUBDIVISION  ELEVEN  OF  SECTION
FIFTY-EIGHT-C of the alcoholic beverage  control  law,  investigate  and
compile  information  relative  to  natural  disasters,  acts of God, or
continued adverse weather conditions which  shall  affect  the  crop  of
apples used in the production of cider.
  S  19.  Paragraph (i) of subdivision 22 of section 210 of the tax law,
as amended by section 6 of part K of chapter 62 of the laws of 2006,  is
amended to read as follows:
  (i) Special rules. For purposes of this subdivision, the term "federal
gross   income  from  farming"  shall  include  gross  income  from  the
production of maple syrup, cider, Christmas trees derived from a managed
Christmas tree operation whether dug for transplanting or cut  from  the
stump,  or  from  a  commercial  horse  boarding operation as defined in
subdivision thirteen of section three hundred one of the agriculture and
markets law, or from the sale of wine from a  licensed  farm  winery  as
provided  for  in  article six of the alcoholic beverage control law, OR
FROM THE SALE OF CIDER FROM A LICENSED FARM CIDERY AS  PROVIDED  FOR  IN
SECTION FIFTY-EIGHT-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
  S  20. Paragraph 8 of subsection (n) of section 606 of the tax law, as
amended by section 3 of part K of chapter 62 of the  laws  of  2006,  is
amended to read as follows:
  (8)  Special rules. For purposes of this subsection, the term "federal
gross  income  from  farming"  shall  include  gross  income  from   the
production of maple syrup, cider, Christmas trees derived from a managed

S. 5833                            11

Christmas  tree  operation whether dug for transplanting or cut from the
stump, or from a commercial  horse  boarding  operation  as  defined  in
subdivision thirteen of section three hundred one of the agriculture and
markets  law,  or  from  the sale of wine from a licensed farm winery as
provided for in article six of the alcoholic beverage  control  law,  OR
FROM  THE  SALE  OF CIDER FROM A LICENSED FARM CIDERY AS PROVIDED FOR IN
SECTION FIFTY-EIGHT-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
  S 21. Subparagraph (C) of paragraph 1 of subdivision  (i)  of  section
1136  of  the tax law, as amended by chapter 108 of the laws of 2012, is
amended to read as follows:
  (C) Every wholesaler, as defined by section  three  of  the  alcoholic
beverage control law, if it has made a sale of an alcoholic beverage, as
defined by section four hundred twenty of this chapter, without collect-
ing sales or use tax during the period covered by the return, except (i)
a sale to a person that has furnished an exempt organization certificate
to  the  wholesaler  for that sale; or (ii) a sale to another wholesaler
whose license under the alcoholic beverage control law does not allow it
to make retail sales of the alcoholic beverage. For each vendor,  opera-
tor,  or  recipient  to  whom  the  wholesaler  has  made a sale without
collecting sales or compensating use tax, the return  must  include  the
total  value of those sales made during the period covered by the return
(excepting the sales described in clauses (i) and (ii) of this  subpara-
graph) and the vendor's, operator's or recipient's state liquor authori-
ty  license number, along with the information required by paragraph two
of this subdivision. A  person  operating  pursuant  to  a  farm  winery
license  as  provided in section seventy-six-a of the alcoholic beverage
control law, or a person operating pursuant to a farm distillery license
as provided in subdivision two-c of section sixty-one of such law, OR  A
PERSON  OPERATING  PURSUANT  TO  A  FARM  CIDERY  LICENSE AS PROVIDED IN
SECTION FIFTY-EIGHT-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW, or a person
operating pursuant to a farm brewery  license  as  provided  in  section
fifty-one-a of the alcoholic beverage control law, or a person operating
pursuant  to  any  combination of such licenses, shall not be subject to
any of the requirements of this subdivision.
  S 22. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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