S T A T E O F N E W Y O R K
________________________________________________________________________
1227--B
Cal. No. 574
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
___________
Introduced by Sens. CARLUCCI, AVELLA, GALLIVAN, LARKIN, PANEPINTO, PARK-
ER, SERINO, SEWARD, VALESKY -- read twice and ordered printed, and
when printed to be committed to the Committee on Commerce, Economic
Development and Small Business -- recommitted to the Committee on
Commerce, Economic Development and Small Business in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee and committed to the Committee on
Finance -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, passed by Senate and
delivered to the Assembly, recalled, vote reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
AN ACT to amend the alcoholic beverage control law, in relation to beer
centers, cider centers and incubator wine centers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the alcoholic beverage control law is amended
by adding three new subdivisions 14-a, 14-b and 14-c to read as follows:
14-A. "CUSTOM BEERMAKERS' CENTER" MEANS A FACILITY THAT PROVIDES ONE
OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE
FACILITIES, AND/OR BEER MAKING SUPPLIES TO MANUFACTURE BEER FOR PERSONAL
HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL
LAWS, RULES, AND REGULATIONS.
14-B. "CUSTOM CIDERMAKERS' CENTER" MEANS A FACILITY THAT PROVIDES ONE
OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE
FACILITIES, AND/OR FRUIT TO MANUFACTURE CIDER FOR PERSONAL HOUSEHOLD USE
AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND
REGULATIONS.
14-C. "CUSTOM WINEMAKERS' CENTER" MEANS A FACILITY THAT PROVIDES ONE
OR MORE INDIVIDUALS WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE
FACILITIES, AND/OR FRUIT TO MANUFACTURE WINE FOR PERSONAL HOUSEHOLD USE
AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND
REGULATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03804-16-6
S. 1227--B 2
S 2. The alcoholic beverage control law is amended by adding a new
section 52 to read as follows:
S 52. CUSTOM BEERMAKERS' CENTER. 1. ANY PERSON MAY APPLY TO THE
AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN FOR
A CUSTOM BEERMAKERS' CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO
OPERATE A CUSTOM BEERMAKERS' CENTER FACILITY AND PROVIDE INDIVIDUALS
WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR
BEER MAKING SUPPLIES FOR THE PRODUCTION OF BEER BY SUCH INDIVIDUALS FOR
PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND
FEDERAL LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH
INFORMATION AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLD-
ER OF A LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN. 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 OPERATE SUCH CENTER TO MANUFACTURE BEER FOR PERSONAL
HOUSEHOLD USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED.
2. FOR THE PURPOSES OF THIS SECTION, "BEER MAKING SUPPLIES" SHALL MEAN
HOPS, GRAINS, MALTED GRAINS, WORT, SUGARS, YEASTS, WATER, FRUITS, FRUIT
JUICES, AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT LIMITED TO,
HONEY AND FLOWERS, THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK,
IN QUANTITY AMOUNTS AS DETERMINED BY THE AUTHORITY AND SHALL BE GOVERNED
BY PARAGRAPH (B) OF SUBDIVISION ELEVEN OF SECTION FIFTY-ONE-A OF THIS
ARTICLE.
3. A CUSTOM BEERMAKERS' CENTER LICENSE SHALL AUTHORIZE THE HOLDER
THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT,
AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE BEER MAKING
SUPPLIES TO MANUFACTURE BEER FOR PERSONAL HOUSEHOLD USE PROVIDED THAT
THE MANUFACTURE AND PRODUCTION OF BEER FOR PERSONAL HOUSEHOLD CONSUMP-
TION AND USE IS DONE IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGU-
LATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE, PROVIDED
SUCH ACTIVITIES ARE PERMITTED BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND
TRADE BUREAU FOR THE MANUFACTURE OF TAX EXEMPT BEER FOR PERSONAL HOUSE-
HOLD USE, TO:
(A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE BEER; AND
(B) CONDUCT BEER TASTINGS FOR THOSE INDIVIDUALS TAKING SUCH CLASSES
AND/OR USING SUCH FACILITY FOR BREWING PURPOSES AT THE LICENSED FACILITY
PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITA-
TIONS:
(I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL
AGENT OF THE LICENSEE. SUCH LICENSEE OR AGENT SHALL BE PHYSICALLY PRES-
ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND
(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
TASTING OF BEER 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 CUSTOM BEERMAKERS' CENTER.
4. THE CUSTOM BEERMAKERS' CENTER LICENSEE SHALL BE SUBJECT TO THE
SUPERVISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDI-
VIDUALS UTILIZING SUCH CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF
THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES,
AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU.
S. 1227--B 3
5. THE LICENSEE OR AN OFFICIAL AGENT OF THE LICENSEE SHALL BE PHYS-
ICALLY PRESENT AT ALL TIMES DURING THE FACILITY'S HOURS OF OPERATIONS.
6. THE ANNUAL AGGREGATE PRODUCTION OF BEER AT ANY SUCH CENTER FOR ALL
INDIVIDUALS MAKING BEER AT SUCH PREMISES, PURSUANT TO A CUSTOM BEERMAK-
ERS' CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET BY THE
AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION FACILI-
TY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY
BEER PRODUCED AT SUCH FACILITY UNDER A BREWER'S LICENSE OR FARM BREWERY
LICENSE.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY ISSUE A CUSTOM BEERMAKERS' CENTER LICENSE TO THE HOLDER OF A FARM
BREWERY OR BREWERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED
PREMISES.
8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION.
9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND
CONTACT INFORMATION OF THE INDIVIDUALS THAT HAVE USED SUCH FACILITY AND
THE ANNUAL AMOUNT OF BEER PRODUCED BY EACH INDIVIDUAL AT THE FACILITY
PURSUANT TO THE RULES OF THE AUTHORITY.
S 3. Section 56 of the alcoholic beverage control law is amended by
adding a new subdivision 11 to read as follows:
11. THE ANNUAL FEE FOR A LICENSE TO OPERATE A CUSTOM BEERMAKERS'
CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS.
S 4. Section 56-a of the alcoholic beverage control law, as added by
chapter 204 of the laws of 1963, subdivisions 1 and 2 as amended by
chapter 384 of the laws of 2013 and subdivision 3 as renumbered by chap-
ter 919 of the laws of 1976, is amended to read as follows:
S 56-a. Filing fees and refunds. 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-TWO, fifty-three, fifty-eight, fifty-eight-c,
FIFTY-EIGHT-D, sixty-one, sixty-two, seventy-six, SEVENTY-SEVEN or
seventy-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.
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-TWO,
fifty-three, fifty-eight, fifty-eight-c, FIFTY-EIGHT-D, sixty-one,
S. 1227--B 4
sixty-two, seventy-six, SEVENTY-SEVEN or seventy-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 seven-
ty-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, nine-
ty-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] PARAGRAPH b, c, e or j of SUBDIVI-
SION ONE OF section ninety-nine-b, if such permit is issued on a calen-
dar 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.
3. If the authority shall deny an application filed pursuant to this
chapter it shall return the annual fee to the applicant and retain the
filing fee.
S 5. The alcoholic beverage control law is amended by adding a new
section 58-d to read as follows:
S 58-D. CUSTOM CIDERMAKERS' CENTER. 1. ANY PERSON MAY APPLY TO THE
AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN FOR
A CUSTOM CIDERMAKERS' CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO
OPERATE A CUSTOM CIDERMAKERS' CENTER FACILITY AND PROVIDE INDIVIDUALS
WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR
FRUIT FOR THE PRODUCTION OF CIDER BY SUCH INDIVIDUALS FOR PERSONAL
HOUSEHOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL
LAWS, RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICA-
TION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION
AS THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLDER OF SUCH A
LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER
THIRTY-FIRST, TWO THOUSAND NINETEEN. SUCH APPLICATION SHALL BE ACCOMPA-
NIED 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 DESIG-
NATED TO OPERATE SUCH CENTER TO MANUFACTURE CIDER FOR PERSONAL HOUSEHOLD
USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED.
2. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN FRESH, WHOLE
APPLES OR OTHER POME FRUITS THAT ARE GROWN OR PRODUCED IN THE STATE OF
NEW YORK.
3. A CUSTOM CIDERMAKERS' CENTER LICENSE SHALL AUTHORIZE THE HOLDER
THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT,
AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE FRUIT TO MANUFAC-
TURE CIDER FOR PERSONAL HOUSEHOLD USE PROVIDED THAT THE MANUFACTURE AND
PRODUCTION OF CIDER FOR PERSONAL HOUSEHOLD CONSUMPTION AND USE IS DONE
IN ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS. SUCH A
LICENSE SHALL ALSO AUTHORIZE THE LICENSEE, PROVIDED SUCH ACTIVITIES ARE
PERMITTED BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU FOR
THE MANUFACTURE OF TAX EXEMPT CIDER FOR PERSONAL HOUSEHOLD USE, TO:
(A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE CIDER; AND
(B) CONDUCT CIDER TASTINGS FOR THOSE INDIVIDUALS TAKING SUCH CLASSES
AND/OR USING SUCH FACILITY FOR THE PRODUCTION OF CIDER AT THE LICENSED
S. 1227--B 5
FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING
LIMITATIONS:
(I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL
AGENT OF THE LICENSEE. SUCH LICENSEE OR AGENT SHALL BE PHYSICALLY PRES-
ENT 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 SUCH CENTER.
4. THE CUSTOM CIDERMAKERS' CENTER LICENSEE SHALL BE SUBJECT TO THE
SUPERVISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDI-
VIDUALS UTILIZING SUCH CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF
THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES,
AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU.
5. THE LICENSEE OR AN OFFICIAL AGENT OF THE LICENSEE SHALL BE PHYS-
ICALLY PRESENT AT ALL TIMES DURING THE FACILITY'S HOURS OF OPERATIONS.
6. THE ANNUAL AGGREGATE PRODUCTION OF CIDER AT ANY SUCH CENTER FOR ALL
INDIVIDUALS MAKING CIDER AT SUCH PREMISES, PURSUANT TO A CUSTOM CIDER-
MAKERS' CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET FORTH
BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION
FACILITY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE
OFFSET BY CIDER PRODUCED AT SUCH FACILITY UNDER A CIDERY LICENSE OR FARM
CIDERY LICENSE.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY ISSUE A CUSTOM CIDERMAKERS' CENTER LICENSE TO THE HOLDER OF A FARM
CIDERY OR CIDERY LICENSE OR FARM WINERY OR WINERY LICENSE FOR USE AT
SUCH LICENSEE'S EXISTING LICENSED PREMISES.
8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION.
9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND
CONTACT INFORMATION OF THE INDIVIDUALS THAT HAVE USED SUCH FACILITY AND
THE ANNUAL AMOUNT OF CIDER PRODUCED BY EACH INDIVIDUAL AT THE FACILITY
PURSUANT TO THE RULES OF THE AUTHORITY.
10. THE ANNUAL FEE FOR A LICENSE TO OPERATE A CUSTOM CIDERMAKERS'
CENTER SHALL BE THREE HUNDRED TWENTY DOLLARS.
S 6. The alcoholic beverage control law is amended by adding a new
section 77 to read as follows:
S 77. CUSTOM WINEMAKERS' CENTER. 1. ANY PERSON MAY APPLY TO THE
AUTHORITY ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN FOR
A CUSTOM WINEMAKERS' CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO
OPERATE A CUSTOM WINEMAKERS' CENTER FACILITY AND PROVIDE INDIVIDUALS
WITH RENTAL SPACE, THE USE OF EQUIPMENT AND STORAGE FACILITIES, AND/OR
FRUIT FOR THE PRODUCTION OF WINE BY SUCH INDIVIDUALS FOR PERSONAL HOUSE-
HOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS,
RULES, AND REGULATIONS AUTHORIZING SUCH PRODUCTION. SUCH APPLICATION
SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS
THE AUTHORITY SHALL REQUIRE, PROVIDED, HOWEVER, THE HOLDER OF SUCH
LICENSE UNDER THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER
THIRTY-FIRST, TWO THOUSAND NINETEEN. SUCH APPLICATION SHALL BE ACCOMPA-
NIED 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 DESIG-
NATED TO OPERATE SUCH CENTER TO MANUFACTURE WINE FOR PERSONAL HOUSEHOLD
USE IN THE PREMISES THEREIN SPECIFICALLY LICENSED.
S. 1227--B 6
2. FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER
FRUITS, FRUIT JUICES, AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT NOT
LIMITED TO, HONEY AND FLOWERS, THAT ARE GROWN OR PRODUCED IN THE STATE
OF NEW YORK.
3. A CUSTOM WINEMAKERS' CENTER LICENSE SHALL AUTHORIZE THE HOLDER
THEREOF TO OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT,
AND STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE FRUIT TO MANUFAC-
TURE WINE FOR PERSONAL HOUSEHOLD USE PROVIDED THAT THE MANUFACTURE AND
PRODUCTION OF WINE FOR PERSONAL HOUSEHOLD CONSUMPTION AND USE IS DONE IN
ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS. SUCH A LICENSE
SHALL ALSO AUTHORIZE THE LICENSEE, PROVIDED SUCH ACTIVITIES ARE PERMIT-
TED BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU FOR THE
MANUFACTURE OF TAX EXEMPT WINE FOR PERSONAL HOUSEHOLD USE, TO:
(A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE WINE; AND
(B) CONDUCT WINE TASTINGS FOR THOSE INDIVIDUALS TAKING SUCH CLASSES
AND/OR USING SUCH FACILITIES FOR THE PRODUCTION OF WINE AT THE LICENSED
FACILITY PROVIDED THAT THE TASTINGS SHALL BE SUBJECT TO THE FOLLOWING
LIMITATIONS:
(I) TASTINGS SHALL BE CONDUCTED BY THE LICENSEE OR BY AN OFFICIAL
AGENT OF THE LICENSEE. SUCH LICENSEE OR AGENT SHALL BE PHYSICALLY PRES-
ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND
(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
TASTING OF WINE AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE
PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,
SHALL ACCRUE TO SUCH CENTER.
4. THE CUSTOM WINEMAKERS' CENTER LICENSEE SHALL BE SUBJECT TO THE
SUPERVISION OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDI-
VIDUALS UTILIZING SUCH CENTER ARE IN COMPLIANCE WITH THE PROVISIONS OF
THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE LAWS, RULES,
AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU.
5. THE LICENSEE OR AN OFFICIAL AGENT OF THE LICENSEE SHALL BE PHYS-
ICALLY PRESENT AT ALL TIMES DURING THE FACILITY'S HOURS OF OPERATIONS.
6. THE ANNUAL AGGREGATE PRODUCTION OF WINE AT ANY SUCH CENTER FOR ALL
INDIVIDUALS MAKING WINE AT SUCH PREMISES, PURSUANT TO A CUSTOM WINEMAK-
ERS' CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION LIMITS SET FORTH BY
THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL PRODUCTION
FACILITY. PROVIDED THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL NOT BE
OFFSET BY WINE PRODUCED AT SUCH FACILITY UNDER A WINERY'S LICENSE OR
FARM WINERY LICENSE.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY ISSUE A CUSTOM WINEMAKERS' CENTER LICENSE TO THE HOLDER OF A FARM
WINERY OR WINERY LICENSE FOR USE AT SUCH LICENSEE'S EXISTING LICENSED
PREMISES.
8. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION.
9. THE LICENSEE MUST MAINTAIN A RECORD OF THE NAME, ADDRESS, AND
CONTACT INFORMATION OF THE INDIVIDUAL OR INDIVIDUALS THAT HAVE USED SUCH
FACILITY AND THE ANNUAL AMOUNT OF WINE PRODUCED BY EACH INDIVIDUAL AT
THE FACILITY PURSUANT TO THE RULES OF THE AUTHORITY.
S 7. Section 83 of the alcoholic beverage control law is amended by
adding a new subdivision 9 to read as follows:
9. THE ANNUAL FEE FOR A LICENSE TO OPERATE A CUSTOM WINEMAKERS' CENTER
SHALL BE THREE HUNDRED TWENTY DOLLARS.
S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
