Assembly Bill A1100B

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

                                  1100

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. MAGEE, LUPARDO -- Multi-Sponsored by -- M. of A.
  CLARK -- read once and referred to the Committee on Agriculture

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  operation of home wine makers centers

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

  Section 1. Section 76 of the alcoholic beverage control law is amended
by adding a new subdivision 15 to read as follows:
  15. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A  LICENSED  WINERY
SHALL  BE  AUTHORIZED  TO  OPERATE A HOME WINE MAKERS CENTER PURSUANT TO
SECTION NINETY-SEVEN-B OF THIS  CHAPTER.    PROVIDED,  FURTHER,  THAT  A
WINERY  MAY  OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES AS
THE WINERY IS OPERATED SUBJECT TO THE PROVISIONS OF SECTION  NINETY-SEV-
EN-B OF THIS CHAPTER AND FEDERAL LAW.
  S  2. Section 76-a of the alcoholic beverage control law is amended by
adding a new subdivision 11 to read as follows:
  11. NOTWITHSTANDING ANY PROVISION OF THIS  SECTION,  A  LICENSED  FARM
WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT
TO  SECTION  NINETY-SEVEN-B  OF THIS CHAPTER.  PROVIDED, FURTHER, THAT A
FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES
AS THE FARM WINERY IS OPERATED SUBJECT  TO  THE  PROVISIONS  OF  SECTION
NINETY-SEVEN-B OF THIS CHAPTER AND FEDERAL LAW.
  S  3.  Section  83 of the alcoholic beverage control law is amended by
adding a new subdivision 9 to read as follows:
  9. THE FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A WINERY  OR  FARM
WINERY  TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO SECTION NINETY-
SEVEN-B OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.
  S 4. Section 90 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 7-a to read as follows:
  7-A. HOME WINE MAKERS CENTER PERMIT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03804-01-5

              

A. 1100                             2

  S  5.  The  alcoholic  beverage control law is amended by adding a new
section 97-b to read as follows:
  S  97-B.  HOME  WINE MAKERS CENTERS. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO HOME WINE MAKERS CENTERS.   THE OPERATION  OF  HOME  WINE
MAKERS CENTERS SHALL BE SUBJECT TO THE SUPERVISION OF THE LIQUOR AUTHOR-
ITY  TO  ENSURE  COMPLIANCE  WITH  THE PROVISIONS OF FEDERAL LAW AND THE
RULES AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX  AND  TRADE
BUREAU RELATING TO SUCH CENTERS.
  2.  EVERY  HOME  WINE  MAKERS CENTER SHALL HOLD A PERMIT ISSUED BY THE
LIQUOR AUTHORITY TO PROVIDE, FOR A FEE, FRUIT, AND EQUIPMENT AND STORAGE
FACILITIES FOR THE PRODUCTION OF WINE BY INDIVIDUALS FOR PERSONAL HOUSE-
HOLD USE AND NOT FOR RESALE IN ACCORDANCE WITH FEDERAL  LAW,  RULES  AND
REGULATIONS AUTHORIZING THE PRODUCTION OF WINE FOR HOUSEHOLD PERSONAL OR
FAMILY  USE.  THE  FEE  FOR SUCH PERMIT SHALL BE ONE HUNDRED TWENTY-FIVE
DOLLARS A YEAR.
  3. EVERY PERSON ENGAGING IN THE PRODUCTION OF  WINE  AT  A  HOME  WINE
MAKERS CENTER:
  (A) SHALL BE TWENTY-ONE YEARS OF AGE OR OLDER;
  (B) SHALL BE LIMITED TO PRODUCING NOT MORE THAN ONE HUNDRED GALLONS OF
WINE  DURING  ANY  CALENDAR YEAR; PROVIDED THAT IF THERE ARE ONE OR MORE
OTHER PERSONS WHO ARE TWENTY-ONE YEARS  OF  AGE  RESIDING  IN  THE  SAME
HOUSEHOLD  AS  SUCH PERSON, ALL OTHER SUCH PERSONS IN THE SAME HOUSEHOLD
MAY PRODUCE AN AGGREGATE OF NOT MORE THAN TWO HUNDRED  GALLONS  OF  WINE
FOR THE HOUSEHOLD DURING ANY CALENDAR YEAR;
  (C)  MAY  REMOVE  THE  WINE HE OR SHE PRODUCES AT THE HOME WINE MAKERS
CENTER FOR THE PURPOSE OF PERSONAL USE, INCLUDING  USE  IN  CONTESTS  OR
TASTINGS;
  (D) SHALL NOT PRODUCE WINE FOR SALE OR OFFER SUCH WINE FOR SALE;
  (E)  SHALL PRODUCE NOT LESS THAN FIVE GALLONS OF WINE IN EACH CALENDAR
YEAR;
  (F) MAY JOINTLY PRODUCE WINE WITH  PERSONS  RESIDING  IN  A  DIFFERENT
HOUSEHOLD  OR  HOUSEHOLDS AS LONG AS THE QUANTITY OF WINE MADE IS WITHIN
THE QUANTITY LIMITS SPECIFIED PURSUANT TO FEDERAL LAW, RULES  AND  REGU-
LATIONS;
  (G) SHALL ACTIVELY PARTICIPATE IN THE PRODUCTION OF THE WINE;
  (H)  SHALL  USE  FRUIT  GROWN  OR PRODUCED IN THE STATE OF NEW YORK TO
PRODUCE THE WINE;
  (I) SHALL ADD YEAST AND/OR OTHER INGREDIENTS TO  THE  GRAPE  OR  OTHER
FRUIT JUICE OR WINE;
  (J) SHALL CAUSE THE FRUIT TO FERMENT;
  (K) SHALL RACK, FILTER AND BOTTLE THE WINE;
  (L)  SHALL  NOT  ACCEPT ANY UNAUTHORIZED ASSISTANCE FROM THE HOME WINE
MAKERS CENTER, OR FROM ANY EMPLOYEE OR AGENT THEREOF; AND
  (M) SHALL READ AND SIGN A STATEMENT THAT HE  OR  SHE  UNDERSTANDS  AND
AGREES TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  4.  NO  HOME  WINE  MAKERS  CENTER, NOR ANY EMPLOYEE OR AGENT THEREOF,
SHALL ASSIST ANY CUSTOMER IN THE PRODUCTION OF WINE, EXCEPT AS FOLLOWS:
  (A) THE FURNISHING, SELLING OR RENTING OF SPACE, SUPPLIES  AND  EQUIP-
MENT, INGREDIENTS, FRUIT, AND BOTTLING SUPPLIES;
  (B)  THE  PROVISION  OF  ADVICE AND TECHNICAL SERVICES TO CUSTOMERS AS
PROVIDED PURSUANT TO FEDERAL LAW, RULES AND REGULATIONS;
  (C) THE MOVING OF CONTAINERS OF WINE BETWEEN STORAGE AREAS;
  (D) THE PROVISION, MAINTENANCE, CLEANING AND  REPAIR  OF  WINE  MAKING
EQUIPMENT, SUCH AS PRESSES, PUMPS, FILTERS, BOTTLING EQUIPMENT AND OTHER
EQUIPMENT;

A. 1100                             3

  (E)  THE  PROVISION, RENTAL OR SALE OF STORAGE VESSELS, INCLUDING, BUT
NOT LIMITED TO, GLASS CARBOYS, WOODEN BARRELS OR OTHER STORAGE  CONTAIN-
ERS FOR WINE FERMENTATION AND STORAGE;
  (F)  THE  PROVISION  OF A CLIMATE AND TEMPERATURE CONTROLLED SPACE FOR
WINE FERMENTATION AND STORAGE;
  (G) THE DISPOSAL OF GRAPE PRESSINGS AND OTHER WASTES; AND
  (H) THE PROVISION OF QUALITY  CONTROL  SERVICES,  SUCH  AS  LABORATORY
ANALYSIS  AND  TASTING OF WINE FOR QUALITY CONTROL PURPOSES IN THE PRES-
ENCE OF THE HOME WINE MAKER.
  5. NO HOME WINE MAKERS CENTER  SHALL  ALLOW,  MAINTAIN  OR  STORE  ANY
CONTAINER OF WINE IN EXCESS OF ONE HUNDRED GALLONS.
  6.    THE AGGREGATE PRODUCTION OF ALL INDIVIDUALS OR HOUSEHOLDS MAKING
WINE AT A HOME WINE MAKERS CENTER PURSUANT TO A HOME WINE MAKERS LICENSE
SHALL NOT EXCEED TEN THOUSAND GALLONS  PER  YEAR.  PROVIDED,  THAT  SUCH
AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH
FACILITY UNDER A WINERY OR FARM WINERY LICENSE.
  7. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A
FARM  OR  OTHER  PREMISES  THAT  IS NOT ASSOCIATED WITH A WINERY OR FARM
WINERY.
  8. (A) A PERSON OR ENTITY LICENSED PURSUANT TO THIS CHAPTER  MAY  ALSO
BE  AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME WINE MAKERS CENTER ON
THE SAME OR ADJACENT PREMISES OF A WINERY OR FARM WINERY, IF SUCH PERSON
OR ENTITY IS THE HOLDER OF:
  (I) A WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX OF THIS CHAPTER;
OR
  (II) A FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A OF  THIS
CHAPTER.
  (B)  NO WINERY OR FARM WINERY AUTHORIZED TO OPERATE A HOME WINE MAKERS
CENTER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE  ISSUED  A
PERMIT  PURSUANT  TO  THIS SECTION, UNLESS THE LIQUOR AUTHORITY GRANTS A
WRITTEN CONSENT LETTER THERETO. THE LIQUOR AUTHORITY,  IN  GRANTING  ITS
CONSENT,  SHALL  DETERMINE WHETHER THE APPLICANT COMPLIES OR WILL COMPLY
WITH THE PROVISIONS OF FEDERAL LAW AND THE RULES AND REGULATIONS OF  THE
FEDERAL  ALCOHOL  AND TOBACCO TAX AND TRADE BUREAU RELATING TO HOME WINE
MAKERS CENTERS. IF THE  WINERY  OR  FARM  WINERY  APPLYING  FOR  CONSENT
COMPLIES WITH SUCH FEDERAL LAW, RULES AND REGULATIONS THE LIQUOR AUTHOR-
ITY  SHALL  GRANT  ITS  WRITTEN CONSENT FOR THE OPERATION OF A HOME WINE
MAKERS  CENTER.  SUCH  AUTHORITY  SHALL  NOT  ESTABLISH  ANY  ADDITIONAL
REQUIREMENT FOR THE GRANTING OF ITS WRITTEN CONSENT.
  (C) THE OPERATIONS OF A HOME WINE MAKERS CENTER OPERATED BY ANY WINERY
OR  FARM  WINERY  SHALL BE SEGREGATED FROM THE PORTION OF SUCH WINERY OR
FARM WINERY IN WHICH WINE SUBJECT TO THE PROVISIONS OF THIS  CHAPTER  IS
FERMENTED,  PROCESSED,  BOTTLED,  STORED,  SHIPPED  AND  SOLD. PROVIDED,
HOWEVER, THAT A WINERY OR FARM WINERY MAY SHARE ITS WINE  MAKING  EQUIP-
MENT  WITH  A  LICENSED HOME WINE MAKERS CENTER AS LONG AS ALL HOME MADE
WINES PRODUCED BY SUCH EQUIPMENT IS SEGREGATED FROM SUCH PORTION OF  THE
PREMISES IN WHICH A WINERY OR FARM WINERY IS LOCATED.
  9.  FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER
FRUITS, FRUIT JUICES AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT  NOT
LIMITED TO, HONEY, FLOWERS AND VEGETABLES.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive immediately any rules, regulations or other  actions  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.

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

                                 1100--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. MAGEE, LUPARDO -- Multi-Sponsored by -- M. of A.
  CLARK -- read once and referred to the  Committee  on  Agriculture  --
  reference  changed to the Committee on Economic Development -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN ACT to amend the alcoholic beverage control law, in relation to incu-
  bator beer 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.  "INCUBATOR  BEER  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
USE AND NOT FOR RESALE IN ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES,
AND REGULATIONS, AND WHICH THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE
BUREAU  DEEMS TO BE TAX EXEMPT BEER TO BE USED FOR PERSONAL USE PURSUANT
TO 27 CFR 25.205, ET. SEQ.
  14-B. "INCUBATOR CIDER 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 USE  AND  NOT
FOR  RESALE  IN  ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND REGU-
LATIONS, AND WHICH THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE  BUREAU
DEEMS  TO BE TAX EXEMPT CIDER TO BE USED FOR PERSONAL USE PURSUANT TO 27
CFR 24.75.
  14-C. "INCUBATOR WINE 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  USE  AND  NOT
FOR  RESALE  IN  ACCORDANCE WITH STATE AND FEDERAL LAWS, RULES AND REGU-
LATIONS, AND WHICH THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE  BUREAU

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03804-06-5

              

A. 1100--A                          2

DEEMS  TO  BE TAX EXEMPT WINE TO BE USED FOR PERSONAL USE PURSUANT TO 27
CFR 24.75.
  S  2.  The  alcoholic  beverage control law is amended by adding a new
section 52 to read as follows:
  S 52. INCUBATOR BEER CENTER. 1. ANY PERSON MAY APPLY TO THE  AUTHORITY
ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR AN INCU-
BATOR BEER CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPERATE  AN
INCUBATOR  BEER  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 APPLICA-
TION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION
AS THE AUTHORITY SHALL REQUIRE,  PROVIDED,  HOWEVER,  THE  HOLDER  OF  A
LICENSE  UNDER  THIS SECTION MAY RENEW SUCH LICENSE ON OR AFTER DECEMBER
THIRTY-FIRST, TWO THOUSAND SEVENTEEN. 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 INCUBATOR SPACE TO MANUFACTURE BEER FOR PERSONAL 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. AN INCUBATOR BEER 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 USE PROVIDED THAT THE MANUFACTURE AND
PRODUCTION OF BEER FOR PERSONAL CONSUMPTION AND USE IS DONE  IN  ACCORD-
ANCE  WITH STATE AND FEDERAL LAWS AND REGULATIONS.  SUCH A LICENSE SHALL
ALSO AUTHORIZE THE LICENSEE TO:
  (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE BEER PROVIDED  THAT
THE AUTHORITY ESTABLISHES MINIMUM CREDENTIAL REQUIREMENTS FOR THE TEACH-
ER; AND
  (B) CONDUCT TASTINGS FOR THOSE INDIVIDUALS TAKING CLASSES AND/OR USING
SUCH  FACILITY  FOR  BREWING  PURPOSES  AT THE LICENSED FACILITY OF BEER
MANUFACTURED 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, REPRESENTATIVE OR  SOLICITOR  OF  THE  LICENSEE.  SUCH  LICENSEE,
AGENT,  REPRESENTATIVE  OR  SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL
TIMES DURING THE CONDUCT OF THE TASTINGS; AND
  (II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION  RESULTING  FROM  A
TASTING  OF  BEER  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 INCUBATOR BEER CENTER.
  4. THE INCUBATOR BEER CENTER LICENSEE SHALL BE SUBJECT TO  THE  SUPER-
VISION  OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDIVIDUALS
UTILIZING  THE  INCUBATOR  BEER  CENTER  ARE  IN  COMPLIANCE  WITH   THE
PROVISIONS  OF THIS CHAPTER, STATE LAWS, RULES, AND REGULATIONS, AND THE

A. 1100--A                          3

LAWS, RULES, AND REGULATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX  AND
TRADE BUREAU RELATING TO SUCH INCUBATOR BEER CENTERS.
  5.  THE  LICENSEE OR AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF
THE LICENSEE SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE FACILI-
TY'S HOURS OF OPERATIONS.
  6. THE ANNUAL AGGREGATE PRODUCTION  OF  BEER  AT  ANY  INCUBATOR  BEER
CENTER PREMISES FOR ALL INDIVIDUALS MAKING BEER AT SUCH PREMISES, PURSU-
ANT TO AN INCUBATOR BEER CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION
LIMITS  SET BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COMMERCIAL
PRODUCTION FACILITY. 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 AN INCUBATOR BEER CENTER LICENSE TO THE HOLDER OF A FARM BREW-
ERY  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 AN INCUBATOR BEER 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.

A. 1100--A                          4

  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,
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. INCUBATOR CIDER CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHOR-
ITY  ON  OR  BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR AN
INCUBATOR CIDER CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO  OPER-
ATE  AN  INCUBATOR  CIDER  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 APPLICATION  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 SEVENTEEN. 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 INCUBATOR SPACE TO MANUFACTURE CIDER FOR  PERSONAL  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. AN INCUBATOR CIDER CENTER LICENSE SHALL AUTHORIZE THE HOLDER THERE-
OF  TO  OPERATE A FACILITY FOR INDIVIDUALS TO RENT SPACE, EQUIPMENT, AND
STORAGE FACILITIES AND, IF NECESSARY, TO PURCHASE FRUIT  TO  MANUFACTURE
CIDER  FOR  PERSONAL USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF
CIDER FOR PERSONAL CONSUMPTION AND USE IS DONE IN ACCORDANCE WITH  STATE
AND  FEDERAL  LAWS  AND REGULATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE
THE LICENSEE TO:

A. 1100--A                          5

  (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE CIDER PROVIDED THAT
THE AUTHORITY ESTABLISHES MINIMUM CREDENTIAL REQUIREMENTS FOR THE TEACH-
ER; AND
  (B) CONDUCT TASTINGS FOR THOSE INDIVIDUALS TAKING CLASSES AND/OR USING
SUCH  FACILITY  FOR  THE PRODUCTION OF CIDER AT THE LICENSED FACILITY OF
CIDER MANUFACTURED 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, REPRESENTATIVE OR  SOLICITOR  OF  THE  LICENSEE.  SUCH  LICENSEE,
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 INCUBATOR CIDER CENTER.
  4. THE INCUBATOR CIDER CENTER LICENSEE SHALL BE SUBJECT TO THE  SUPER-
VISION  OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDIVIDUALS
UTILIZING  THE  INCUBATOR  CIDER  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 RELATING TO SUCH INCUBATOR CIDER CENTERS.
  5.  THE  LICENSEE OR AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF
THE LICENSEE SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE FACILI-
TY'S HOURS OF OPERATIONS.
  6. THE ANNUAL AGGREGATE PRODUCTION OF CIDER  AT  ANY  INCUBATOR  CIDER
CENTER  PREMISES  FOR  ALL  INDIVIDUALS  MAKING  CIDER AT SUCH PREMISES,
PURSUANT TO AN INCUBATOR CIDER 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  AN  INCUBATOR  CIDER  CENTER LICENSE TO THE HOLDER OF A FARM
CIDERY OR CIDERY 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 AN INCUBATOR CIDER 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. INCUBATOR WINE CENTER. 1. ANY PERSON MAY APPLY TO THE AUTHORITY
ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR AN  INCU-
BATOR  WINE CENTER LICENSE AS PROVIDED FOR IN THIS SECTION TO OPERATE AN
INCUBATOR WINE 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 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. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT
FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE AUTHOR-

A. 1100--A                          6

ITY 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
INCUBATOR SPACE TO MANUFACTURE WINE FOR PERSONAL  USE  IN  THE  PREMISES
THEREIN SPECIFICALLY LICENSED.
  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. AN INCUBATOR WINE 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  MANUFACTURE
WINE  FOR  PERSONAL  USE PROVIDED THAT THE MANUFACTURE AND PRODUCTION OF
WINE FOR PERSONAL CONSUMPTION AND USE IS DONE IN ACCORDANCE  WITH  STATE
AND  FEDERAL  LAWS  AND REGULATIONS. SUCH A LICENSE SHALL ALSO AUTHORIZE
THE LICENSEE TO:
  (A) CONDUCT TRAINING CLASSES ON HOW TO MANUFACTURE WINE PROVIDED  THAT
THE AUTHORITY ESTABLISHES MINIMUM CREDENTIAL REQUIREMENTS FOR THE TEACH-
ER; AND
  (B) CONDUCT TASTINGS FOR THOSE INDIVIDUALS TAKING CLASSES AND/OR USING
SUCH  FACILITIES  FOR THE PRODUCTION OF WINE AT THE LICENSED FACILITY OF
WINE MANUFACTURED 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, REPRESENTATIVE OR  SOLICITOR  OF  THE  LICENSEE.  SUCH  LICENSEE,
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  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 THE INCUBATOR WINE CENTER.
  4. THE INCUBATOR WINE CENTER LICENSEE SHALL BE SUBJECT TO  THE  SUPER-
VISION  OF THE AUTHORITY TO ENSURE THAT THE LICENSEE AND THE INDIVIDUALS
UTILIZING  THE  INCUBATOR  WINE  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 RELATING TO SUCH INCUBATOR WINE CENTERS.
  5.  THE  LICENSEE OR AN OFFICIAL AGENT, REPRESENTATIVE OR SOLICITOR OF
THE LICENSEE SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE FACILI-
TY'S HOURS OF OPERATIONS.
  6. THE ANNUAL AGGREGATE PRODUCTION  OF  WINE  AT  ANY  INCUBATOR  WINE
CENTER PREMISES FOR ALL INDIVIDUALS MAKING WINE AT SUCH PREMISES, PURSU-
ANT TO AN INCUBATOR WINE CENTER LICENSE, SHALL NOT EXCEED THE PRODUCTION
LIMITS  SET FORTH BY THE AUTHORITY THAT ARE COMMENSURATE WITH A NON-COM-
MERCIAL 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  AN  INCUBATOR  WINE  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

A. 1100--A                          7

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 AN  INCUBATOR  WINE  CENTER
SHALL BE THREE HUNDRED TWENTY DOLLARS.
  S  8.  This  act shall take effect on the thirtieth day after it shall
have become a law.