NY State Senate Bill S1227A

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (33)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 14, 2016	signed chap.422
Nov 02, 2016	delivered to governor
Jun 15, 2016	returned to senate passed assembly ordered to third reading rules cal.327 substituted for a1100b
Jun 14, 2016	referred to ways and means returned to assembly repassed senate
Jun 07, 2016	amended on third reading (t) 1227b
Jun 07, 2016	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 04, 2016	referred to agriculture delivered to assembly passed senate
May 03, 2016	advanced to third reading
Apr 12, 2016	2nd report cal.
Apr 11, 2016	1st report cal.574
Feb 09, 2016	reported and committed to finance
Jan 25, 2016	print number 1227a
Jan 25, 2016	amend (t) and recommit to commerce, economic development and small business
Jan 06, 2016	referred to commerce, economic development and small business returned to senate died in assembly
May 18, 2015	referred to agriculture delivered to assembly passed senate
Apr 27, 2015	advanced to third reading
Apr 23, 2015	2nd report cal.
Apr 22, 2015	1st report cal.400
Mar 30, 2015	reported and committed to finance
Jan 09, 2015	referred to commerce, economic development and small business

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S1227 - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 51, 51-a, 58, 58-c, 76, 76-a, 83 & 90, add §§97-b, 96-c & 97-d, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3495
2011-2012: S4533
2013-2014: S1980

S1227 - Summary

Relates to the licensing of custom beermakers, custom cidermakers and custom winemakers; defines terms; sets fees.

S1227 - Sponsor Memo

BILL NUMBER:S1227

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to the operation of home wine makers centers

PURPOSE:  The purpose of this bill is to create a regulatory mechanism
so that home wine maker centers can be established in this State as
they have been established in many other wine producing states such as
California, Washington, and Oregon. This bill will facilitate the
ability of home wine makers to pool their resources and share
equipment and storage facilities to produce quality wine for home
consumption as is currently allowed for under federal regulations.
The amendments contained in this bill were suggested language changes
provided by the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB)
to ensure that this state bill complies with Federal Law.

In the end, this bill should give urban and suburban residents an
outlet to produce a product that can be made by and enjoyed by
families looking for activities that they can do together and/or to
carry on the family tradition of wine making to future generations.
Further, these facilities could be located in village centers near
surrounding fruit farms to help revitalize such villages.

SUMMARY OF PROVISIONS:

Section 1. Adds a new subdivision 15 to section 76 of the alcoholic

beverage control law (ABC) to authorize a winery to also operate a
licensed Center, on the same or adjacent premises, as long as the
criteria established in this law and federal law & rules and
regulations are adhered to so that commercial and homemade wines
always remain segregated.

Section 2. Adds a new subdivision 11 to ABC § 76-a to authorize a farm
winery to also operate on the same or adjacent premises a licensed
Center as long as the criteria established in this law and federal law
& rules and regulations are adhered to so that commercial and homemade
wines always remain segregated.

Section 3. Adds a new subdivision 9 to ABC § 83 to authorize the
collection of a $125 fee for a written consent letter authorizing a
winery or farm winery to operate a home wine makers center.

Section 4. Adds a new subdivision 7-a to ABC § 90 to add the new Home
Wine Makers Center permit.

Section 5. Adds a new § 97-b to the alcoholic beverage control law
relating to home wine makers centers (centers). These licensed Centers
will allow home wine makers to work independently from other home wine
makers in the same facility so that they can make their own wines for
home consumption as is permitted under federal law. (see 27 CFR 24.75
and www.ttb.gov/wine/faa.shtml (at W-A)).

This section also establishes the conditions that a licensed home wine
makers center (Center) must satisfy to be licensed in this State.
These are the same considerations that are used to satisfy federal law
with regards to the production of wines for home consumption and not
for resale. These centers can be free standing and not associated with


a licensed winery or farm winery or located on the same premises if
all segregation conditions are satisfied.

As per federal law and its rules and regulations, this section
outlines what participating home wine makers must do to produce
homemade wines at these Centers and continue to satisfy federal law to
remain exempt from the regulation of the Alcohol and Tobacco Tax and
Trade Bureau (TTB). The TTB issues federal licenses for the production
of commercial wine that may be sold to the general public.  However,
it does not license home wine making centers because the production of
such wines is exempt by federal law and its rules and regulations
because it is wine made for home consumption. (see 27 CFR 24,75 and
www.ttb.gov/wine/faq. (at W-4)).

This section also specifies what Centers and their employees may do
and may not do to assist participating home wine makers who are making
tax exempt wines at licensed Centers for home consumption and not for
sale. These are the same standards articulated by the TTB to satisfy
federal requirement to establish such Centers. (see
www/ttb.gov/wine/fag (at w-4)).

This section authorizes such Centers to be established as free
standing tax exempt (non-bonded) wine production facility for home
wine makers. Further, this law permits wineries and farm wineries to
obtain a license to operate a Center on the same premises or a
premises adjacent to a winery as long as the state Liquor Authority
consents to the issuance of such a license. The SLA should consent to
a winery application if all TTB criteria have been satisfied.

The law is very clear that the Center and winery may share equipment
and be in the same building, but that wine produced at a commercial
winery must always remain segregated from wine made for home
consumption and stored in separate storage rooms. The law conforms to
the standards established by federal law to establish a Center on the
same or adjacent premises to a commercial winery as long as the wine
is not commingled nor made and stored in the same storage room or part
of the bonded winery. Homemade wines, at no time, may enter the bonded
portion of a winery building.

Section 6. Effective date.

EXISTING LAW:  Federal law permits Centers to be established without
the issuance of a federal TTB winery license because such activities
are deemed to be home wine making activities which are exempt for
federal wine licensing and registration requirements and taxation.
Many states have adopted laws to allow for such Centers to be
established or have deemed them to be authorized since they are exempt
from federal jurisdiction. Under federal regulations, New York can
adopt a law to authorize these Centers for them to be allowed to exist
in this state. Many wine-making states, including California,
Washington, and Oregon have adopted similar laws to permit the
establishment of Centers in their own states.

JUSTIFICATION:  This bill encourages production of homemade wines by
allowing many home wine makers to operate in a licensed facility where
they can share wine making equipment, such as wine presses, pumps,
filters, storage and bottling facilities, and laboratory facilities.


Further, technical assistance can be given to these hobbyist
winemakers. This lowers the overhead costs for home wine making
production.

In addition, Center employees can give advice on the proper techniques
to make wine so that wine quality increases. Lowering the overhead
costs to produce wine, supplying a place in which it is easy to make,
store, and bottle, and making such wine in a place that has experts to
obtain advice from to produce superior wines should all help to make
it easier for home wine makers to make quality wines for home
consumption. This, in turn, should increase the amount of homemade
wines produced by this State's residents and increase the demand for
locally grown fruits.

For many urban and suburban residents, they often do not have enough
space or adequate space to make homemade wines in their homes or
apartments. Establishing Home wine-makers centers would provide the
kinds of facilities that these urban and suburban residents need to be
able to make wines for their own home consumption. Such facilities
could be located in rural areas (adding needed in employment in these
economically depressed areas of the State) and provide recreation for
such individuals. Such centers could also be located in villages that
are near local fruit farms or in urban areas that while close to these
individuals homes, would have ample space and equipment to make
homemade wines.

In addition, this bill may help to encourage expansion of the grape
growing and other fruit growing industries in this State. This is
because it would increase the demand for locally grown grapes.
Establishing Home Wine Makers Centers is one way to increase the
demand for locally grown fruits. This idea came from apple and grape
farmers in the Hudson Valley who wanted to establish such a Center on
their farm so that they could increase the sales of their apple and
grape crops. In addition, income could be derived from the sale of
wine making supplies and leasing storage space for the making of
homemade wines.

Further, by encouraging home wine makers to use local grapes, this may
increase the demand for and sales of New York's commercially produced
wines because they use the same grape varieties as these home wine
makers will use.

It is hoped that by increasing the number of home wine makers, this
will increase the "talent pool" of wine makers available for
employment in commercial wineries. Many home wine makers have
"graduated" to working either full-time or part-time in already
established commercial wineries. Further, some have even gone on to
establish their own commercial wineries to produce wines for
commercial sale.  It is important for the New York wine industry to
increase the overall skill and depth of the number of wine makers
available for use in this growing industry. Encouraging the growth of
New York's wine industry will, in turn, increase the demand for New
York state produced grapes and other fruits.

Another benefit of this bill is to authorize farms, wineries, farm
wineries and micro-wineries to establish ancillary businesses on the
same premises or premises adjacent to a farm or a winery to increase


their overall profit margin. By enacting this bill into law, wineries
could increase the utilization of their otherwise idle wine making
equipment, increase sales of grapes that they grow or are grown by
farmers associated with the winery, but are not being utilized by
their commercial winery operation, and renting out underutilized space
within their wineries to home wine makers.

For farmers without a winery, a Center could be established on such a
farm. The benefit of such a Center to a farm operation is that the
grower could more effectively market the sale of their agricultural
produce to home wine makers at higher retail prices instead of lower
wholesale or bulk prices. Further, such center could be located in a
smaller village center that is near local farms that produce fruit.

LEGISLATIVE HISTORY:  2013-14: S1980-B/A1959-B - Passed
Senate/Agriculture Committee 2011-12: S4533-A/A7971-A - Passed
Senate/Agriculture Committee

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

S1227 - Bill Text download pdf

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

                                  1227

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens. CARLUCCI, AVELLA, GALLIVAN, PARKER, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Commerce, Economic Development and Small Business

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

S. 1227                             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;

S. 1227                             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.

Co-Sponsors

S1227A - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 51, 51-a, 58, 58-c, 76, 76-a, 83 & 90, add §§97-b, 96-c & 97-d, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3495
2011-2012: S4533
2013-2014: S1980

S1227A - Summary

Relates to the licensing of custom beermakers, custom cidermakers and custom winemakers; defines terms; sets fees.

S1227A - Sponsor Memo

 BILL NUMBER:  S1227A

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to the
operation of home beer makers centers, home cider makers centers and
home wine makers centers

 PURPOSE :

The purpose of this bill is to create a regulatory mechanism in the
law so that home wine makers centers can clearly be established in
this State as they have been established in many other wine producing
states such as California, Washington, and Oregon.  This bill will
facilitate the ability of home wine, beer and cider makers to pool
their resources and share equipment and storage facilities to produce
quality wine for home consumption as is currently allowed for under
federal regulations.

In the end, this bill should give urban and suburban residents an
outlet to produce a product that can be made by and enjoyed by
families looking for activities that they can do together and/or to
carry on the family tradition of beer, cider and wine making to future
generations. Further, these facilities could be located in village
centers near surrounding fruit farms to help revitalize such villages.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new ABC Law section (3) (13-a) (13-b) and (13-c) to
this Chapter's definition section to include "Home beer makers
centers", "Home cider makers centers", and "Home wine makers center"

Section 2: Amends ABC Law section 51 to enable a brewery to
simultaneously operate a home beer makers center on or adjacent to the
licensed premises.

Section 3: Amends ABC Law section 51-a to enable a farm brewery to
simultaneously operate a home beer makers center on or adjacent to the
licensed premises.

Section 4: Amends ABC Law section 58 to enable a licensed cider
producer to simultaneously operate a home cider makers center on or
adjacent to the licensed premises.

Section 5: Amends ABC Law section 58-c to enable a licensed farm cider
producer to operate a home cider makers center.

Section 6: Adds a new subdivision 15 to section 76 of the ABC Law to
authorize a winery to also operate a licensed wine home wine makers
center, on the same or adjacent premises, as long as the criteria
established in this law and federal law & rules and regulations are
adhered to so that commercial and homemade wines always remain
segregated.

Section 7: Adds a new subdivision 11 to ABC § 76-a to authorize a farm
winery to also operate on the same or adjacent premises a licensed
home wine makers center as long as the criteria established in this
law and federal law & rules and regulations are adhered to so that
commercial and homemade wines always remain segregated.

Section 8: Adds new subdivisions to ABC law section 83 to authorize
the collection of a $125 fee for a written consent letter authorizing
a brewery, cidery or winery to also operate a home beer, cider or wine
makers center.


Section 9: Adds a new subdivisions to ABC Law section 90 to add the
new Home Beer, Cider and Wine Makers Center permits.

Section 10: Adds a new § 97-b, 97-c, and 97-d to the alcoholic
beverage control law relating to the establishment of a home wine,
beer, and cider makers centers (centers). These licensed Centers will
allow home wine, beer and cider makers to work independently from
other home wine, beer and cider makers in the same facility so that
they can make their own wines, beers and cider for home consumption as
is permitted under federal law. (see 27 CFR 24.75 and
www.ttb.gov/wine/faa.shtml (at W-A)); 27 CFR 25.205; and 27 CFR 24.76.

This section also establishes the conditions that a licensed home
wine, beer and cider makers center (Center) must satisfy to be
licensed in this State. These are the same considerations that are
used to satisfy federal law with regards to the production of wines,
beers and cider for home consumption and not for resale. These centers
can be free standing and not associated with a licensed winery,
brewery, or cidery or located on the same premises if all segregation
conditions are satisfied.

This section authorizes such Centers to be established as free
standing tax exempt (non-bonded) wine production facility for home
wine, beer or cidery makers. Further, this law permits wineries and
farm wineries to obtain a license to operate a Center on the same
premises or a premises adjacent to a winery as long as the state
Liquor Authority consents to the issuance of such a license.

Section 11: Effective date.

 EXISTING LAW :

Federal law permits Centers to be established without the issuance of
a federal TTB winery, brewery or cidery license because such
activities are deemed to be home wine making activities which are
exempt for federal wine, beer or cider licensing and registration
requirements and taxation. Many states have adopted laws to allow for
such Centers to be established or have deemed them to be authorized
under state law since they are exempt from federal jurisdiction. Under
federal regulations, New York can adopt a law to authorize these
Centers for them to be allowed to exist in this state. Many
wine-making states, including California, Washington, and Oregon have
adopted similar laws to permit the establishment of Centers in their
own states. Other states that allow for the operation of home wine
makers centers include: Alaska, Arkansas, Colorado, Connecticut,
Delaware, Florida, Idaho, Illinois, Indiana, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New
Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode
Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont,
and Wisconsin. Most other states are silent on the permissibility of
establishing home wine makers centers, but often rely on Federal Law,
hence such facilities are permitted in those states except for New
York.

The State Liquor Authority has recently issued an Advisory Opinion
2015-15, creating a permit to allow wineries and farm wineries to
operate a home winemakers center on or adjacent to their licensed
premises. This bill expands this concept to include the establishment
of free standing home winemakers centers, and also home beer makers
centers and cider makers centers. If this bill is enacted into law, it
would comply with the existing Advisory Opinion 2015-15.

 JUSTIFICATION :

This bill could encourage production of homemade wines, beers and
cider by allowing many home wine, beer and cider makers to operate in
a licensed facility where they can share wine, beer or cider making
equipment, such as presses, pumps, filters, storage and bottling
facilities, and laboratory facilities. Further, technical assistance
can be given to these hobbyist beverage makers. This lowers the
overhead costs for home wine, beer or cider making production. In
addition, Center employees can give advice on the proper techniques to
make the alcoholic beverage in question so that quality increases.
Lowering the overhead costs to produce homemade alcoholic beverages,
supplying a place in which it is easy to make, store, and bottle, and
making such beverages in a place that has experts to obtain advice
from to produce superior beverages should all help to make it easier
for home hobby beverage makers to make quality beverages for home
consumption. This, in turn, should increase the demand for locally
grown fruits, hops, and malted products.

For many urban and suburban residents, they often do not have enough
space or adequate space to make homemade beverages in their homes or
apartments.  Establishing Home wine, beer and cider makers centers
would provide the kinds of facilities that these urban and suburban
residents need to be able to make beverages for their own home
consumption. Such facilities could be located in rural areas (adding
needed in employment in these economically depressed areas of the
State) and provide recreation for such individuals. Such centers could
also be located in villages that are near local fruit farms or in
urban areas that while close to these individuals homes, would have
ample space and equipment to make homemade wines.

In addition, this bill may help to encourage expansion of local fruit
growing and other agricultural products in this State. This is because
it would increase the demand for locally grown grapes, pomme fruits,
small fruits, hops, and malt products. Establishing Home Wine, Beer or
Cider Makers Centers is one way to increase the demand for locally
grown fruits and beer ingredients. This idea came from apple and grape
farmers in the Hudson Valley who wanted to establish such a Center on
their farm so that they could increase the sales of their apple and
grape crops. In addition, income could be derived from the sale of
wine, beer and cider making supplies and leasing storage space for the
making of homemade wines.

Further, by encouraging home wine, beer and cider makers to use local
grapes, pome fruits, hops and malted products may increase the demand
for and sales of New York's commercially produced alcoholic beverages
because they use the same fruit varieties and hops as these home wine
makers will use.

It is hoped that by increasing the number of home wine, beer and cider
makers, this will increase the "talent pool" of craft alcohol makers
available for employment in commercial wineries, breweries and
cideries. Many home wine, beer and cider makers have "graduated" to
working either full-time or part-time in already established
commercial facilities. Further, some have even gone on to establish
their own commercial alcohol production facilities to produce
alcoholic beverages for commercial sale. It is important for the New
York craft alcohol beverage manufacturing industry to increase the
overall skill and depth of the number of craft beverage makers
available for use in this growing industry. Encouraging the growth of
New York's craft wine, beer and cider industries will, in turn,
increase the demand for New York state produced agricultural products.

Another benefit of this bill is to authorize farms, wineries,
breweries, and cideries to establish ancillary businesses on the same
premises or premises adjacent to a farm or a winery to increase their
overall profit margin. By enacting this bill into law, wineries,
breweries, and cideries could increase the utilization of their
otherwise idle beverage manufacturing equipment, increase sales of
agricultural products that they grow or are grown by farmers
associated with the facility, but are not being utilized by their
commercial manufacturing operation, and renting out underutilized
space within their facilities to aspiring craft alcohol beverage
manufacturers.

For farmers without a winery, a Center could be established on such a
farm. The benefit of such a Center to a farm operation is that the
grower could more effectively market the sale of their agricultural
produce to home wine, beer and cider makers at higher retail prices
instead of lower wholesale or bulk prices. Further, such center could
be located in a smaller village center that is near local farms that
produce fruit.

 LEGISLATIVE HISTORY :

Passed Senate in 2015;
2013-14:  S1980-B/A1959-B Passed Senate/Agriculture Committee
2011-12: S4533-A/A7971-A - Passed Senate/Agriculture Committee

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

S1227A - Bill Text download pdf

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

                                 1227--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sens. CARLUCCI, AVELLA, GALLIVAN, PANEPINTO, PARKER, SERI-
  NO, SEWARD, VALESKY -- read twice and ordered printed, and when print-
  ed  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

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  operation  of  home beer makers centers, home cider makers centers and
  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 3 of the alcoholic beverage control law is amended
by adding three new subdivisions 13-a, 13-b and 13-c to read as follows:
  13-A. "HOME BEER MAKERS CENTER" MEANS A PLACE WHERE AN INDIVIDUAL PAYS
A FEE TO USE SPACE AND EQUIPMENT TO MAKE BEER  FOR  PERSONAL  OR  FAMILY
USE,  AND  WHICH  THE  FEDERAL  ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
DEEMS TO BE TAX EXEMPT BEER TO BE USED FOR PERSONAL OR FAMILY USE PURSU-
ANT TO 27 CFR 25.205, ET SEQ.
  13-B. "HOME CIDER MAKERS CENTER" MEANS A  PLACE  WHERE  AN  INDIVIDUAL
PAYS  A  FEE  TO  USE  SPACE AND EQUIPMENT TO MAKE CIDER FOR PERSONAL OR
FAMILY USE, AND WHICH THE FEDERAL ALCOHOL  AND  TOBACCO  TAX  AND  TRADE
BUREAU  DEEMS  TO  BE TAX EXEMPT CIDER TO BE USED FOR PERSONAL OR FAMILY
USE PURSUANT TO 27 CFR 24.76.
  13-C. "HOME WINE MAKERS CENTER" MEANS A PLACE WHERE AN INDIVIDUAL PAYS
A FEE TO USE SPACE AND EQUIPMENT TO MAKE WINE  FOR  PERSONAL  OR  FAMILY
USE,  AND  WHICH  THE  FEDERAL  ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
DEEMS TO BE TAX EXEMPT WINE TO BE USED FOR PERSONAL OR FAMILY USE PURSU-
ANT TO 27 CFR 24.75.
  S 2. Section 51 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 10 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03804-10-6

S. 1227--A                          2

  10.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A LICENSED BREWERY
SHALL BE AUTHORIZED TO OPERATE A HOME BEER  MAKERS  CENTER  PURSUANT  TO
SECTION  NINETY-SEVEN-C OF THIS CHAPTER. PROVIDED, FURTHER, THAT A BREW-
ERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREMISES AS  THE
BREWERY  IS OPERATED SUBJECT TO THE PROVISIONS OF SECTION NINETY-SEVEN-C
OF THIS CHAPTER AND FEDERAL LAW.
  S 3. Section 51-a of the alcoholic beverage control law is amended  by
adding a new subdivision 16 to read as follows:
  16.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A LICENSED FARM
BREWERY SHALL BE AUTHORIZED TO OPERATE A HOME BEER MAKERS CENTER  PURSU-
ANT TO SECTION NINETY-SEVEN-C OF THIS CHAPTER. PROVIDED, FURTHER, THAT A
FARM  BREWERY  MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREM-
ISES AS THE FARM BREWERY  IS  OPERATED  SUBJECT  TO  THE  PROVISIONS  OF
SECTION NINETY-SEVEN-C OF THIS CHAPTER AND FEDERAL LAW.
  S  4.  Section  58 of the alcoholic beverage control law is amended by
adding a new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY PROVISION OF THIS  SECTION,  A  LICENSED  CIDER
PRODUCER  SHALL  BE  AUTHORIZED  TO  OPERATE  A HOME CIDER MAKERS CENTER
PURSUANT TO SECTION NINETY-SEVEN-D OF THIS CHAPTER.  PROVIDED,  FURTHER,
THAT  A  CIDER PRODUCER MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJA-
CENT  PREMISES  AS  THE  CIDER  PRODUCER  IS  OPERATED  SUBJECT  TO  THE
PROVISIONS OF SECTION NINETY-SEVEN-D OF THIS CHAPTER AND FEDERAL LAW.
  S  5. Section 58-c 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  FARM
CIDERY  SHALL BE AUTHORIZED TO OPERATE A HOME CIDER MAKERS CENTER PURSU-
ANT TO SECTION NINETY-SEVEN-D OF THIS CHAPTER. PROVIDED, FURTHER, THAT A
FARM CIDERY MAY OPERATE SUCH CENTER UPON THE SAME OR  ADJACENT  PREMISES
AS  THE  FARM  CIDERY  IS  OPERATED SUBJECT TO THE PROVISIONS OF SECTION
NINETY-SEVEN-D OF THIS CHAPTER AND FEDERAL LAW.
  S 6. 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 7. 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 8. Section 83 of the alcoholic beverage control law  is  amended  by
adding three new subdivisions 9, 10 and 11 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.
  10. THE FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A BREWERY OR FARM
BREWERY  TO  OPERATE A HOME BEER MAKERS CENTER PURSUANT TO SECTION NINE-
TY-SEVEN-C OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.

S. 1227--A                          3

  11. THE FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A CIDER  PRODUCER
OR FARM CIDERY TO OPERATE A HOME CIDER MAKERS CENTER PURSUANT TO SECTION
NINETY-SEVEN-D OF THIS CHAPTER SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.
  S  9.  Section  90 of the alcoholic beverage control law is amended by
adding three new subdivisions 7-a, 7-b and 7-c to read as follows:
  7-A. HOME WINE MAKERS CENTER PERMIT.
  7-B. HOME BEER MAKERS CENTER PERMIT.
  7-C. HOME CIDER MAKERS CENTER PERMIT.
  S 10. The alcoholic beverage control law is amended  by  adding  three
new sections 97-b, 97-c and 97-d to read as follows:
  S  97-B.  HOME  WINE MAKERS CENTERS. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO HOME WINE MAKERS CENTERS.
  2. THE MANUFACTURE AND PRODUCTION OF WINE FOR PERSONAL CONSUMPTION AND
FAMILY  USE  SHALL  BE  PERMISSIBLE  SO  LONG  AS  SUCH  MANUFACTURE  OR
PRODUCTION  OF  WINE  IS  DONE  IN ACCORDANCE WITH FEDERAL LAW AND REGU-
LATIONS. IN ADDITION, SUCH MANUFACTURE OR PRODUCTION MAY BE CONDUCTED AT
HOME WINE MAKERS CENTERS AS PROVIDED  IN  FEDERAL  LAW  AND  REGULATIONS
APPLICABLE THERETO.
  3.  THE  OPERATION OF HOME WINE MAKERS CENTERS SHALL BE SUBJECT TO THE
SUPERVISION OF THE  LIQUOR  AUTHORITY  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.
  4. EVERY HOME WINE MAKERS CENTER SHALL HOLD A  PERMIT  ISSUED  BY  THE
LIQUOR  AUTHORITY TO PROVIDE, FOR A FEE, FRUIT, AND THE USE OF EQUIPMENT
AND STORAGE FACILITIES FOR THE PRODUCTION OF  WINE  BY  INDIVIDUALS  FOR
PERSONAL  HOUSEHOLD  USE  AND  NOT FOR RESALE IN ACCORDANCE WITH FEDERAL
LAW, RULES AND REGULATIONS AUTHORIZING THE PRODUCTION OF WINE FOR HOUSE-
HOLD PERSONAL OR FAMILY USE. THE  FEE  FOR  SUCH  PERMIT  SHALL  BE  ONE
HUNDRED TWENTY-FIVE DOLLARS A YEAR.
  5.  THE  ANNUAL  AGGREGATE  PRODUCTION OF WINE AT ANY HOME WINE MAKERS
CENTER PREMISES FOR ALL INDIVIDUALS AND FAMILIES  MAKING  WINE  AT  SUCH
PREMISES,  PURSUANT  TO A HOME WINE MAKERS LICENSE, SHALL NOT EXCEED TEN
THOUSAND GALLONS. PROVIDED, THAT SUCH AGGREGATE PRODUCTION  LIMIT  SHALL
NOT  BE OFFSET BY WINES PRODUCED AT SUCH FACILITY UNDER A WINERY OR FARM
WINERY LICENSE.
  6. 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.
  7.  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.
  8. 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, THAT ARE GROWN OR PRODUCED IN
THE STATE OF NEW YORK.
  S  97-C.  HOME  BEER MAKERS CENTERS. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO HOME BEER MAKERS CENTERS.
  2. THE MANUFACTURE AND PRODUCTION OF BEER FOR PERSONAL CONSUMPTION AND
FAMILY  USE  SHALL  BE  PERMISSIBLE  SO  LONG  AS  SUCH  MANUFACTURE  OR
PRODUCTION  OF  BEER  IS  DONE  IN ACCORDANCE WITH FEDERAL LAW AND REGU-
LATIONS. IN ADDITION, SUCH MANUFACTURE OR PRODUCTION MAY BE CONDUCTED AT
HOME BEER MAKERS CENTERS AS PROVIDED  IN  FEDERAL  LAW  AND  REGULATIONS
APPLICABLE THERETO.
  3.  THE  OPERATION OF HOME BEER MAKERS CENTERS SHALL BE SUBJECT TO THE
SUPERVISION OF THE  LIQUOR  AUTHORITY  TO  ENSURE  COMPLIANCE  WITH  THE

S. 1227--A                          4

PROVISIONS  OF  FEDERAL LAW AND THE RULES AND REGULATIONS OF THE FEDERAL
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING TO SUCH CENTERS.
  4.  EVERY  HOME  BEER  MAKERS CENTER SHALL HOLD A PERMIT ISSUED BY THE
LIQUOR AUTHORITY TO PROVIDE, FOR A FEE, BEER MAKING  SUPPLIES,  AND  THE
USE  OF  EQUIPMENT  AND STORAGE FACILITIES FOR THE PRODUCTION OF BEER BY
INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT FOR RESALE IN  ACCORDANCE
WITH  FEDERAL  LAW,  RULES AND REGULATIONS AUTHORIZING THE PRODUCTION OF
BEER FOR HOUSEHOLD PERSONAL OR FAMILY USE. THE FEE FOR SUCH PERMIT SHALL
BE ONE HUNDRED TWENTY-FIVE DOLLARS A YEAR.
  5. THE ANNUAL AGGREGATE PRODUCTION OF BEER AT  ANY  HOME  BEER  MAKERS
CENTER  PREMISES  FOR  ALL  INDIVIDUALS AND FAMILIES MAKING BEER AT SUCH
PREMISES, PURSUANT TO A HOME BEER MAKERS LICENSE, SHALL NOT  EXCEED  TEN
THOUSAND  GALLONS.  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.
  6. THE LOCATION OF A FREE STANDING HOME BEER MAKERS CENTER MAY BE ON A
FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED WITH  A  BREWERY  OR  FARM
BREWERY.
  7.  A  PERSON  OR ENTITY LICENSED PURSUANT TO THIS CHAPTER MAY ALSO BE
AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME BEER MAKERS CENTER ON THE
SAME OR ADJACENT PREMISES OF A BREWERY OR FARM BREWERY.
  8. 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.
  S 97-D. HOME CIDER MAKERS CENTERS. 1. THE PROVISIONS OF  THIS  SECTION
SHALL APPLY TO HOME CIDER MAKERS CENTERS.
  2.  THE  MANUFACTURE  AND PRODUCTION OF CIDER FOR PERSONAL CONSUMPTION
AND FAMILY USE SHALL BE PERMISSIBLE  SO  LONG  AS  SUCH  MANUFACTURE  OR
PRODUCTION  OF  CIDER  IS  DONE IN ACCORDANCE WITH FEDERAL LAW AND REGU-
LATIONS. IN ADDITION, SUCH MANUFACTURE OR PRODUCTION MAY BE CONDUCTED AT
HOME CIDER MAKERS CENTERS AS PROVIDED IN  FEDERAL  LAW  AND  REGULATIONS
APPLICABLE THERETO.
  3.  THE OPERATION OF HOME CIDER MAKERS CENTERS SHALL BE SUBJECT TO THE
SUPERVISION OF THE  LIQUOR  AUTHORITY  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.
  4. EVERY HOME CIDER MAKERS CENTER SHALL HOLD A PERMIT  ISSUED  BY  THE
LIQUOR  AUTHORITY TO PROVIDE, FOR A FEE, FRUIT, AND THE USE OF EQUIPMENT
AND STORAGE FACILITIES FOR THE PRODUCTION OF CIDER  BY  INDIVIDUALS  FOR
PERSONAL  HOUSEHOLD  USE  AND  NOT FOR RESALE IN ACCORDANCE WITH FEDERAL
LAW, RULES AND REGULATIONS  AUTHORIZING  THE  PRODUCTION  OF  CIDER  FOR
HOUSEHOLD  PERSONAL  OR FAMILY USE. THE FEE FOR SUCH PERMIT SHALL BE ONE
HUNDRED TWENTY-FIVE DOLLARS A YEAR.
  5. THE ANNUAL AGGREGATE PRODUCTION OF CIDER AT ANY HOME  CIDER  MAKERS
CENTER  PREMISES  FOR  ALL INDIVIDUALS AND FAMILIES MAKING CIDER AT SUCH
PREMISES, PURSUANT TO A HOME CIDER MAKERS LICENSE, SHALL NOT EXCEED  TEN
THOUSAND  GALLONS.  PROVIDED, THAT SUCH AGGREGATE PRODUCTION LIMIT SHALL
NOT BE OFFSET BY CIDER PRODUCED AT SUCH A FACILITY UNDER A CIDER PRODUC-
ER OR FARM CIDERY LICENSE.
  6. THE LOCATION OF A FREE STANDING HOME CIDER MAKERS CENTER MAY BE  ON
A FARM OR OTHER PREMISES THAT IS NOT ASSOCIATED WITH A CIDER PRODUCER OR
FARM CIDERY.
  7.  A  PERSON  OR ENTITY LICENSED PURSUANT TO THIS CHAPTER MAY ALSO BE
AUTHORIZED AND HOLD A PERMIT TO OPERATE A HOME CIDER  MAKERS  CENTER  ON
THE SAME OR ADJACENT PREMISES OF A CIDER PRODUCER OR FARM CIDERY.

S. 1227--A                          5

  8.  FOR  THE  PURPOSES  OF  THIS SECTION, "FRUIT" SHALL MEAN APPLES OR
OTHER POMME FRUITS, OTHER FRUITS, FRUIT JUICES, AND  OTHER  AGRICULTURAL
PRODUCTS  INCLUDING,  BUT NOT LIMITED TO, HONEY, FLOWERS AND VEGETABLES,
THAT ARE GROWN OR PRODUCED IN THE STATE OF NEW YORK.
  S 11. 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.

Co-Sponsors

S1227B (ACTIVE) - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 51, 51-a, 58, 58-c, 76, 76-a, 83 & 90, add §§97-b, 96-c & 97-d, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3495
2011-2012: S4533
2013-2014: S1980

S1227B (ACTIVE) - Summary

Relates to the licensing of custom beermakers, custom cidermakers and custom winemakers; defines terms; sets fees.

S1227B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1227B

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to beer centers, cider centers and incubator wine centers

 PURPOSE :

The purpose of this bill is to create a regulatory mechanism so that
custom beermakers' centers, custom cidermakers' centers, and custom
winemakers' centers (collectively "custom centers") can be established
in this State and facilitate the ability of individuals to share
space, equipment, and storage to produce quality beer, cider, and wine
for home consumption, and not for sale or resale, as is currently
allowed for under federal regulations.

 SUMMARY OF PROVISIONS :

Section 1: Amends the ABC Law section 3 to add definitions for "custom
beermakers' center", "custom cidermakers' center", and "custom
winemakers' center".

Section 2: Adds ABC Law section 52 to create a new custom beermakers'
center license that authorizes the operation of a custom beermakers'
center facility to provide individuals with rental space (to make and
store homemade beer), the use of equipment and storage facilities,
and/or beer making supplies for the production of beer for personal

household use and not for commercial use or resale purposes. It
defines beer making supplies as products grown or produced in New York
in quantity amounts as determined by the State Liquor Authority.  A
custom beermakers' center licensee would be authorized, if permitted
by the Federal Alcohol and Tobacco Tax and Trade Bureau,(TTB) to
conduct training classes on how to manufacture beer and conduct
certain tastings of beer produced on the premises.

Section 3: Provides an annual fee of $320 for custom beermakers'
center license.

Section 4: Provides for filing fees and refunds.

Section 5: Adds a new ABC Law section 58-d to create a new custom
cidermakers' center license that authorizes the operation of a custom
cidermakers' center facility to provide individuals with rental space
(to make homemade wines), the use of equipment and storage facilities,
and/or fruit for the production of cider for personal household use
and not for resale purposes. It defines fruit as apples or other pome
fruits that are grown or produced in New York. A custom cider center
licensee would be authorized, if permitted by the Federal TTB, to
conduct training classes on how to manufacture cider and conduct
certain tastings of cider produced on the premises. The annual fee for
an incubator beer center license is $320.

Section 6: Adds a new ABC Law section 77 to create a new custom
winemakers' center license that authorizes the operation of a custom
winemakers' center facility to provide individuals with rental space,
the use of equipment and storage facilities, and/or fruit for the
production of wine for personal household use and not for resale
purposes. It defines fruit as products grown or produced in New York.
A custom winemakers' center licensee would be authorized, if permitted
by the Federal TTB, to conduct training classes on how to manufacture
wine and conduct certain tastings of wine produced on the premises.

Section 7: Amends ABC Law section 83 to provide an annual fee of $320
for an custom winemakers' center license.

Section 8 provides an effective date.

 EXISTING LAW :

Federal law deems that the home production of limited amounts of beer,
cider, and wine, for home and personal consumption, to be exempt from
federal licensing and registration requirements and taxation (i.e. it
does not need to be produced by a bonded facility). Many states have
adopted laws to allow for such custom beer/cider/winemakers' centers
to be established or have deemed them to be authorized since they are
exempt from federal jurisdiction. Under federal regulations, New York
can adopt a law to authorize these custom beer/cider/winemakers'
centers for them to be allowed to exist in this state.

 JUSTIFICATION :

This bill should help to facilitate the production of homemade beer,
cider, and wine. It encourages production of these beverages by
allowing licensees to operate a licensed facility where individuals
can rent space, equipment, and storage facilities to manufacture them
for personal consumption. Further, assistance could be provided to
these hobbyist beer, cider, and wine makers. This lowers the overhead
costs for home or personal production and provides space for
enthusiasts who do not have room where they live to produce homemade
beer/cider or wine.

In addition, such custom centers can conduct training courses on how
to produce beer, cider, or wines. By providing these courses, as well
as any ingredients that may be needed, the custom centers would
increase the demand for locally grown fruits and beer ingredients,
providing additional markets for New York farmers.

For many urban and suburban residents, they often do not have
appropriate space to make homemade beer, cider, or wine in their homes
or apartments and purchasing equipment is cost prohibitive.
Establishing the custom beer, cider or wine makers' centers would
provide the kinds of facilities that these residents need. Such
centers could also be located in villages and towns that are near
local fruit farms or in cities, where there is a growing interest in
producing homemade beer, cider, and wine.

In addition, this bill may help to encourage expansion of the grape
and other fruit growing industries, as well as hops and barley in this
State. This is because it would increase the demand for locally grown
New York agricultural products. This idea came from apple and grape
farmers who wanted to establish such a Center on their farm so that
they could increase the sales of their apple and grape crops. In
addition, economic activity could be generated from the sale of beer,
cider, and wine making supplies and leasing space for the making of
homemade products.

Further, by encouraging such custom beer, cider, or winemakers'
centers to use locally grown or produced products, this may increase
the demand for, and sales of, New York's commercially produced alcohol
because they use the same products as these custom centers will use.

It is hoped that by increasing the number of custom beer, cider and
winemakers' centers, this will increase the "talent pool" of beer,
cider, and wine makers available for employment in commercial
facilities. Many home producers have "graduated" to working either
full-time or part-time in already established commercial facilities.
Further, some of these hobbyist alcoholic beverage makers have even
gone on to establish their own breweries, cideries, and wineries to
sell their products commercially. It is important to increase the
overall skill and experience of beer, cider, and wine makers available
for employment in this growing industry.


Another benefit of this bill is to authorize current licensed
manufacturers to establish ancillary businesses to increase their
overall profit margin. By enacting this bill into law, breweries,
cideries, and wineries could increase the utilization of their
otherwise idle equipment and facilities, increase sales of New York
State products that are grown locally, but are not being utilized by
commercial operations, and collect rent for their underutilized space
within their facilities to individuals wishing to use a custom beer,
cider or winemakers' center.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

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

S1227B (ACTIVE) - Bill Text download pdf

                    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.

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The New York State Senate

senate Bill S1227A

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Archive: Last Bill Status - Signed by Governor

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Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

May 4, 2016 - floor Vote

Floor Vote: May 4, 2016

Apr 11, 2016 - Finance committee Vote

Finance Committee Vote: Apr 11, 2016

Feb 9, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: Feb 9, 2016

May 18, 2015 - floor Vote

Floor Vote: May 18, 2015

Apr 22, 2015 - Finance committee Vote

Committee Vote: Apr 22, 2015

Mar 30, 2015 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Mar 30, 2015

Bill Amendments

Co-Sponsors

S1227 - Details

S1227 - Summary

S1227 - Sponsor Memo

S1227 - Bill Text download pdf

Co-Sponsors

S1227A - Details

S1227A - Summary

S1227A - Sponsor Memo

S1227A - Bill Text download pdf

Co-Sponsors

S1227B (ACTIVE) - Details

S1227B (ACTIVE) - Summary

S1227B (ACTIVE) - Sponsor Memo

S1227B (ACTIVE) - Bill Text download pdf

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senate Bill S1227A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

May 4, 2016 - floor Vote

Floor Vote: May 4, 2016

Apr 11, 2016 - Finance committee Vote

Finance Committee Vote: Apr 11, 2016

Feb 9, 2016 - Commerce, Economic Development and Small Business committee Vote

Commerce, Economic Development and Small Business Committee Vote: Feb 9, 2016

May 18, 2015 - floor Vote

Floor Vote: May 18, 2015

Apr 22, 2015 - Finance committee Vote

Committee Vote: Apr 22, 2015

Mar 30, 2015 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Mar 30, 2015

Bill Amendments

Co-Sponsors

S1227 - Details

S1227 - Summary

S1227 - Sponsor Memo

S1227 - Bill Text download pdf

Co-Sponsors

S1227A - Details

S1227A - Summary

S1227A - Sponsor Memo

S1227A - Bill Text download pdf

Co-Sponsors

S1227B (ACTIVE) - Details

S1227B (ACTIVE) - Summary

S1227B (ACTIVE) - Sponsor Memo

S1227B (ACTIVE) - Bill Text download pdf

Comments