[ ] is old law to be omitted.
LBD15810-03-8
A. 11113 2
§ 4. Section 3 of the alcoholic beverage control law is amended by
adding a new subdivision 19-a to read as follows:
19-A. "MEAD" SHALL MEAN A WINE MADE PRIMARILY FROM HONEY AND WATER; IT
MAY ALSO CONTAIN HOPS, FRUITS, SPICES, HERBS, GRAIN, OR OTHER AGRICUL-
TURAL PRODUCTS. HONEY SHALL REPRESENT AT LEAST FIFTY-ONE PERCENT OF THE
STARTING FERMENTABLE SUGARS BY WEIGHT OF THE FINISHED PRODUCT. THE BRAND
OR TRADE LABEL OWNER OF SUCH ALCOHOLIC BEVERAGE SHALL DESIGNATE WHETHER
SUCH ALCOHOLIC BEVERAGE SHALL BE SOLD AS AND TREATED IN THE SAME MANNER
AS WINE OR MEAD FOR ALL PURPOSES UNDER THIS CHAPTER. PROVIDED, HOWEVER,
ANY MEAD CONTAINING MORE THAN EIGHT AND ONE-HALF PER CENTUM ALCOHOL BY
VOLUME SHALL BE DESIGNATED, SOLD AS, AND TREATED IN THE SAME MANNER AS
WINE.
§ 5. Section 3 of the alcoholic beverage control law is amended by
adding a new subdivision 20-f to read as follows:
20-F. "NEW YORK STATE LABELLED BRAGGOT" MEANS BRAGGOT MADE EXCLUSIVELY
FROM HONEY PRODUCED IN NEW YORK STATE.
§ 6. Section 3 of the alcoholic beverage control law is amended by
adding a new subdivision 20-g to read as follows:
20-G. "NEW YORK STATE LABELLED MEAD" MEANS MEAD MADE EXCLUSIVELY FROM
HONEY PRODUCED IN NEW YORK STATE.
§ 7. The alcoholic beverage control law is amended by adding a new
article 3 to read as follows:
ARTICLE 3
SPECIAL PROVISIONS RELATING TO MEAD AND BRAGGOT
SECTION 30. MEAD PRODUCERS' LICENSE.
31. FARM MEADERY LICENSE.
32. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY RETAIL LICEN-
SEES.
33. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY WHOLESALE
LICENSEES.
34. MEAD AND BRAGGOT TASTING.
§ 30. MEAD PRODUCERS' LICENSE. 1. ANY PERSON MAY APPLY TO THE LIQUOR
AUTHORITY FOR A MEAD PRODUCERS' LICENSE AS PROVIDED FOR IN THIS SECTION.
SUCH APPLICATION SHALL BE IN WRITING AND SHALL CONTAIN SUCH INFORMATION
AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOM-
PANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS SUBDIVISION
FOR SUCH LICENSE. IF THE LIQUOR AUTHORITY SHALL GRANT THE APPLICATION IT
SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES.
A LICENSE ISSUED UNDER THIS SUBDIVISION SHALL AUTHORIZE THE LICENSEE TO
MANUFACTURE MEAD AND BRAGGOT WITHIN THE LICENSED PREMISES IN THIS STATE
FOR SALE IN BOTTLES, BARRELS OR CASKS TO BEER, WINE AND LIQUOR RETAIL
LICENSEES PURSUANT TO SECTION THIRTY-TWO OF THIS ARTICLE AND TO SELL AND
DELIVER MEAD AND BRAGGOT TO PERSONS OUTSIDE THE STATE PURSUANT TO THE
LAWS OF THE PLACE OF SUCH SALE OR DELIVERY. THE ANNUAL FEE FOR SUCH A
LICENSE SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS; PROVIDED, HOWEVER,
THAT THE ANNUAL FEE FOR A FARM MEADERY LICENSE SHALL BE SEVENTY-FIVE
DOLLARS. THE PROVISIONS CONTAINED IN SECTION SIXTY-SEVEN OF THIS CHAPTER
SHALL APPLY TO ALL LICENSES ISSUED PURSUANT TO THIS ARTICLE.
2. (A) ANY PERSON LICENSED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
MAY CONDUCT MEAD TASTINGS OF NEW YORK STATE LABELLED MEADS IN ESTABLISH-
MENTS LICENSED PURSUANT TO SECTION SIXTY-THREE OF THIS CHAPTER TO SELL
ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. SUCH MEAD PRODUCER OR
WHOLESALER MAY CHARGE A FEE OF NOT MORE THAN TWENTY-FIVE CENTS FOR EACH
MEAD SAMPLE TASTED. THE LIQUOR AUTHORITY SHALL PROMULGATE RULES AND
REGULATIONS RELATING TO THE CONDUCT OF SUCH TASTINGS.
A. 11113 3
(B) ANY PERSON LICENSED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
MAY CONDUCT TASTINGS OF NEW YORK STATE LABELLED MEAD AND NEW YORK STATE
LABELED BRAGGOT AND APPLY TO THE LIQUOR AUTHORITY FOR A PERMIT TO SELL
MEAD AND BRAGGOT PRODUCED BY SUCH MEAD PRODUCER OR WHOLESALER, BY THE
BOTTLE, DURING SUCH TASTINGS IN ESTABLISHMENTS LICENSED PURSUANT TO
SECTION SIXTY-FOUR OF THIS CHAPTER TO SELL ALCOHOLIC BEVERAGES FOR
CONSUMPTION ON THE PREMISES. SUCH MEAD PRODUCER MAY CHARGE A FEE OF NOT
MORE THAN TWENTY-FIVE CENTS FOR EACH MEAD OR BRAGGOT SAMPLE TASTED. THE
LIQUOR AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS RELATING TO THE
CONDUCT OF TASTINGS.
(C) MEAD AND BRAGGOT TASTINGS SHALL BE CONDUCTED SUBJECT TO THE
FOLLOWING LIMITATIONS:
(I) MEAD AND BRAGGOT TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT,
REPRESENTATIVE OR SOLICITOR OF ONE OR MORE MEAD PRODUCERS OR WHOLE-
SALERS. SUCH AGENT, REPRESENTATIVE OR SOLICITOR SHALL BE PHYSICALLY
PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND
(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
MEAD AND/OR BRAGGOT TASTING AS AUTHORIZED PURSUANT TO THIS SUBDIVISION
AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF
THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE MEAD PRODUCER OR WHOLE-
SALER LICENSEE.
3. A LICENSED MEAD PRODUCER PRODUCING NEW YORK STATE LABELLED MEAD
AND/OR NEW YORK STATE LABELLED BRAGGOT MAY:
(A) SELL SUCH MEAD AND BRAGGOT TO LICENSED FARM DISTILLERS, FARM
WINERIES, FARM CIDERIES AND FARM BREWERIES. ALL SUCH MEAD AND BRAGGOT
SOLD BY THE LICENSEE SHALL BE SECURELY SEALED AND HAVE ATTACHED THERETO
A LABEL AS SHALL BE REQUIRED BY SECTION ONE HUNDRED SEVEN-A OF THIS
CHAPTER;
(B) CONDUCT TASTINGS AT THE LICENSED PREMISES OF SUCH MEAD AND BRAGGOT
OR ANY OTHER NEW YORK STATE LABELED MEAD OR BRAGGOT;
(C) SELL SUCH MEAD AND BRAGGOT AT RETAIL FOR CONSUMPTION OFF THE PREM-
ISES AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS
MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS;
(D) SELL AND CONDUCT TASTINGS OF SUCH MEAD AND BRAGGOT AT RETAIL FOR
CONSUMPTION ON THE PREMISES OF A RESTAURANT, CONFERENCE CENTER, INN, BED
AND BREAKFAST OR HOTEL BUSINESS OWNED AND OPERATED BY THE LICENSEE IN OR
ADJACENT TO ITS MEADERY. A LICENSEE WHO OPERATES A RESTAURANT, CONFER-
ENCE CENTER, INN, BED AND BREAKFAST OR HOTEL PURSUANT TO SUCH AUTHORITY
SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER WHICH RELATE
TO LICENSES TO SELL MEAD AT RETAIL FOR CONSUMPTION ON THE PREMISES;
(E) APPLY FOR A PERMIT TO CONDUCT TASTINGS AWAY FROM THE LICENSED
PREMISES OF SUCH MEAD AND BRAGGOT. SUCH PERMIT SHALL BE VALID THROUGHOUT
THE STATE AND MAY BE ISSUED ON AN ANNUAL BASIS OR FOR INDIVIDUAL EVENTS.
EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGE GRANTED THEREBY SHALL
BE SUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORITY AS IT DEEMS
NECESSARY. TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING CONDI-
TIONS:
(I) TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT, REPRESENTATIVE
OR SOLICITOR OF THE LICENSEE. SUCH AGENT, REPRESENTATIVE OR SOLICITOR
SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TAST-
INGS; AND
(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
TASTING OF MEAD OR BRAGGOT AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH
THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS
LAW, SHALL ACCRUE TO THE LICENSEE.
A. 11113 4
(F) IF IT HOLDS A TASTING PERMIT ISSUED PURSUANT TO PARAGRAPH (E) OF
THIS SUBDIVISION, APPLY TO THE AUTHORITY FOR A PERMIT TO SELL SUCH MEAD,
FOR CONSUMPTION OFF THE PREMISES, DURING SUCH TASTINGS IN PREMISES
LICENSED UNDER SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS CHAPTER; OR
APPLY TO THE AUTHORITY FOR A PERMIT TO SELL SUCH MEAD AND/OR BRAGGOT AT
A PREMISES LICENSED UNDER SECTION EIGHTY-ONE OR EIGHTY-ONE-A OF THIS
CHAPTER. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGE GRANTED
THEREBY SHALL BE SUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORITY
AS IT DEEMS NECESSARY.
4. A MEAD PRODUCER SHALL MANUFACTURE AT LEAST FIFTY GALLONS OF MEAD
AND/OR BRAGGOT ANNUALLY.
§ 31. FARM MEADERY LICENSE. 1. ANY PERSON MAY APPLY TO THE AUTHORITY
FOR A FARM MEADERY LICENSE AS PROVIDED FOR IN THIS SECTION TO PRODUCE
MEAD AND BRAGGOT WITHIN THIS STATE FOR SALE. SUCH APPLICATION SHALL BE
IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE
AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A
CHECK OR DRAFT IN THE AMOUNT OF SEVENTY-FIVE DOLLARS. IF THE AUTHORITY
GRANTS THE APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL
BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF
THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO
THE PERSON THEREIN SPECIFICALLY DESIGNATED TO PRODUCE MEAD AND BRAGGOT
IN THE PREMISES THEREIN SPECIFICALLY LICENSED.
2. A FARM MEADERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPER-
ATE A MEADERY FOR THE MANUFACTURE OF NEW YORK STATE LABELLED MEAD AND
NEW YORK STATE LABELLED BRAGGOT. SUCH A LICENSE SHALL ALSO AUTHORIZE THE
LICENSEE TO:
(A) SELL IN BULK MEAD AND BRAGGOT MANUFACTURED BY THE LICENSEE TO ANY
PERSON LICENSED TO MANUFACTURE ALCOHOLIC BEVERAGES IN THIS STATE OR TO A
PERMITTEE ENGAGED IN THE MANUFACTURE OF PRODUCTS WHICH ARE UNFIT FOR
BEVERAGE USE;
(B) SELL OR DELIVER MEAD AND BRAGGOT MANUFACTURED BY THE LICENSEE TO
PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH
DELIVERY;
(C) SELL MEAD AND BRAGGOT MANUFACTURED BY THE LICENSEE TO WHOLESALERS
AND RETAILERS LICENSED IN THIS STATE TO SELL SUCH MEAD AND BRAGGOT
PURSUANT TO SECTION THIRTY-THREE OF THIS ARTICLE, LICENSED FARM DISTIL-
LERS, LICENSED FARM WINERIES, LICENSED WINERIES, LICENSED FARM BREWERIES
AND ANY OTHER LICENSED FARM MEADERY. ALL SUCH MEAD AND BRAGGOT SOLD BY
THE LICENSEE SHALL BE SECURELY SEALED AND HAVE ATTACHED THERETO A LABEL
AS SHALL BE REQUIRED BY SECTION ONE HUNDRED SEVEN-A OF THIS CHAPTER;
(D) (I) AT THE LICENSED PREMISES, CONDUCT TASTINGS OF, AND SELL AT
RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, ANY MEAD AND
BRAGGOT MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELLED MEAD
OR NEW YORK STATE LABELLED BRAGGOT. PROVIDED, HOWEVER, FOR TASTINGS AND
SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE SHALL REGULARLY KEEP
FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMP-
TION ON THE PREMISES. A LICENSEE PROVIDING THE FOLLOWING SHALL BE DEEMED
IN COMPLIANCE WITH THIS PROVISION: (A) SANDWICHES, SOUPS OR OTHER SUCH
FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN; AND/OR (B) FOOD
ITEMS INTENDED TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES, WHICH
SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY CONSUMED
WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED WHILE
STANDING OR WALKING, INCLUDING BUT NOT LIMITED TO: CHEESES, FRUITS,
VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. ALL OF THE
PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSEES SELLING MEAD AND BRAG-
GOT AT RETAIL SHALL APPLY; AND
A. 11113 5
(II) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER
FOOD AND DRINKING ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES
AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMPTION ON THE PREMISES, MEAD
AND BRAGGOT MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE LABELLED
MEAD OR NEW YORK STATE LABELED BRAGGOT. ALL OF THE PROVISIONS OF THIS
CHAPTER RELATIVE TO LICENSEES TO SELLING MEAD AND BRAGGOT AT RETAIL
SHALL APPLY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSED
FARM MEADERY MAY APPLY TO THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER
TO SELL OTHER ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES AT SUCH ESTABLISHMENT;
(E) SELL MEAD AND BRAGGOT MANUFACTURED BY THE LICENSEE OR ANY OTHER
LICENSED FARM MEADERY AT RETAIL FOR CONSUMPTION OFF THE PREMISES, AT THE
STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS MARKETS OPERATED
ON A NOT-FOR-PROFIT BASIS;
(F) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES NEW YORK STATE LABELED BEER MANUFACTURED BY A LICENSED
BREWERY OR LICENSED FARM BREWERY;
(G) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES NEW YORK STATE LABELLED WINE MANUFACTURED BY A LICENSED
WINERY OR LICENSED FARM WINERY;
(H) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES NEW YORK STATE LABELLED LIQUOR MANUFACTURED BY A LICENSED
DISTILLER OR LICENSED FARM DISTILLER; PROVIDED, HOWEVER, THAT NO CONSUM-
ER MAY BE PROVIDED, DIRECTLY OR INDIRECTLY: (I) WITH MORE THAN THREE
SAMPLES OF LIQUOR FOR TASTING IN ONE CALENDAR DAY; OR (II) WITH A SAMPLE
OF LIQUOR FOR TASTING EQUAL TO MORE THAN ONE-QUARTER FLUID OUNCE; AND
(I) ENGAGE IN ANY OTHER BUSINESS ON THE LICENSED PREMISES SUBJECT TO
SUCH RULES AND REGULATIONS AS THE AUTHORITY MAY PRESCRIBE. SUCH RULES
AND REGULATIONS SHALL DETERMINE WHICH BUSINESSES WILL BE COMPATIBLE WITH
THE POLICY AND PURPOSES OF THIS CHAPTER AND SHALL CONSIDER THE EFFECT OF
PARTICULAR BUSINESSES ON THE COMMUNITY AND AREA IN THE VICINITY OF THE
FARM MEADERY LICENSEE.
3. (A) A FARM MEADERY LICENSEE MAY APPLY FOR A PERMIT TO CONDUCT TAST-
INGS AWAY FROM THE LICENSED PREMISES OF MEAD AND BRAGGOT PRODUCED BY THE
LICENSEE. SUCH PERMIT SHALL BE VALID THROUGHOUT THE STATE AND MAY BE
ISSUED ON AN ANNUAL BASIS OR FOR INDIVIDUAL EVENTS. EACH SUCH PERMIT AND
THE EXERCISE OF THE PRIVILEGE GRANTED THEREBY SHALL BE SUBJECT TO SUCH
RULES AND CONDITIONS OF THE AUTHORITY AS IT DEEMS NECESSARY.
(B) TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING LIMITATIONS:
(I) TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT, REPRESENTATIVE
OR SOLICITOR OF ONE OR MORE FARM MEADERIES. SUCH AGENT, REPRESENTATIVE
OR SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT
OF THE TASTINGS; AND
(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
TASTING OF MEAD OR BRAGGOT AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH
THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS
LAW, SHALL ACCRUE TO THE FARM MEADERY.
4. A LICENSED FARM MEADERY HOLDING A TASTING PERMIT ISSUED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION MAY APPLY TO THE AUTHORITY FOR A
PERMIT TO SELL MEAD PRODUCED BY SUCH FARM MEADERY, BY THE BOTTLE, DURING
SUCH TASTINGS IN PREMISES LICENSED UNDER SECTION SIXTY-FOUR OR SIXTY-
FOUR-A OF THIS CHAPTER; OR APPLY TO THE AUTHORITY FOR A PERMIT TO SELL
SUCH MEAD AND/OR BRAGGOT AT A PREMISES LICENSED UNDER SECTION EIGHTY-ONE
OR EIGHTY-ONE-A OF THIS CHAPTER. EACH SUCH PERMIT AND THE EXERCISE OF
THE PRIVILEGE GRANTED THEREBY SHALL BE SUBJECT TO SUCH RULES AND CONDI-
TIONS OF THE AUTHORITY AS IT DEEMS NECESSARY.
A. 11113 6
5. A LICENSED FARM MEADERY MAY, UNDER SUCH RULES AS MAY BE ADOPTED BY
THE AUTHORITY, SELL MEAD AND BRAGGOT MANUFACTURED BY THE LICENSEE OR ANY
OTHER LICENSED FARM MEADERY AT RETAIL IN BULK BY THE KEG, CASK OR BARREL
FOR CONSUMPTION AND NOT FOR RESALE AT A CLAM-BAKE, BARBEQUE, PICNIC,
OUTING OR OTHER SIMILAR OUTDOOR GATHERING AT WHICH MORE THAN FIFTY
PERSONS ARE ASSEMBLED.
6. A LICENSED FARM MEADERY MAY APPLY TO THE AUTHORITY FOR A LICENSE TO
SELL BEER, LIQUOR AND/OR WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES
IN A RESTAURANT OWNED, CONDUCTED, AND OPERATED BY THE LICENSEE IN OR
ADJACENT TO ITS FARM MEADERY. ALL OF THE PROVISIONS OF THIS CHAPTER
RELATIVE TO LICENSES TO SELL BEER, LIQUOR OR WINE AT RETAIL OR CONSUMP-
TION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE.
7. A FARM MEADERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO MANU-
FACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS HONEY,
MUSTARDS, SAUCES, JAMS, JELLIES, MULLING SPICES AND OTHER MEAD RELATED
FOODS IN ADDITION TO OTHER SUCH FOOD AND CRAFTS ON AND FROM THE LICENSED
PREMISES. SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND
SELL GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL
TO THE SALE OF MEAD AND BRAGGOT. THESE GIFT ITEMS SHALL BE LIMITED TO
THE FOLLOWING CATEGORIES:
(A) NON-ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES,
INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES;
(B) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING MEAD AND BRAGGOT TAST-
INGS, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINAR-
ILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY
CONSUMED WHILE STANDING OR WALKING. SUCH FOOD ITEMS SHALL INCLUDE BUT
NOT BE LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS,
BAKED GOODS, MUSTARDS AND CRACKERS;
(C) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND
ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR IMMEDIATE
CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED INTO A
PACKAGE CONTAINING MEAD AND/OR BRAGGOT RELATED PRODUCTS;
(D) MEAD AND BRAGGOT SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY
ITEM UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF MEAD OR BRAGGOT
OR FOR DECORATIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS
OR MAY BE COMBINED INTO A PACKAGE CONTAINING MEAD AND/OR BRAGGOT;
(E) MEAD-MAKING AND BRAGGOT-MAKING EQUIPMENT AND SUPPLIES INCLUDING,
BUT NOT LIMITED TO, HONEY, HOME MEAD-MAKING KITS, BRAGGOT-MAKING KITS,
PUMPS, FILTERS, YEASTS, CHEMICALS AND OTHER MEAD AND BRAGGOT ADDITIVES,
BOTTLING EQUIPMENT, BOTTLES, MEAD AND BRAGGOT STORAGE AND FERMENTING
VESSELS, BARRELS, AND BOOKS OR OTHER WRITTEN MATERIAL TO ASSIST MEAD-
MAKERS AND BRAGGOT-MAKERS AND HOME MEAD-MAKERS AND BRAGGOT-MAKERS TO
PRODUCE AND BOTTLE MEAD AND BRAGGOT;
(F) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.
8. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY
FARM MEADERY LICENSEE MAY CHARGE FOR TOURS OF ITS PREMISES.
9. THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION MAY OPERATE UP TO
FIVE BRANCH OFFICES LOCATED AWAY FROM THE LICENSED FARM MEADERY. SUCH
LOCATIONS SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED AT AND LIMITED TO THE FARM MEADERY MAY BE CONDUCTED
AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE LOCATED WITHIN,
SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO
ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE,
A. 11113 7
THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF SUCH BRANCH
OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME.
10. (A) NO FARM MEADERY SHALL MANUFACTURE IN EXCESS OF TWO HUNDRED
FIFTY THOUSAND GALLONS OF MEAD AND/OR BRAGGOT ANNUALLY.
(B) A LICENSED FARM MEADERY SHALL PRODUCE AT LEAST FIFTY GALLONS OF
MEAD AND/OR BRAGGOT ANNUALLY.
11. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, AND IN ADDITION TO THE ACTIV-
ITIES WHICH MAY OTHERWISE BE CARRIED OUT BY ANY PERSON LICENSED UNDER
THIS SECTION, SUCH PERSON MAY, ON THE PREMISES DESIGNATED IN SUCH
LICENSE:
(A) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS AND OTHER
NON-ALCOHOLIC BEVERAGES, VITAMINS, AND OTHER BY-PRODUCTS;
(B) RECOVER CARBON DIOXIDE AND YEAST;
(C) STORE BOTTLES, PACKAGES AND SUPPLIES NECESSARY OR INCIDENTAL TO
ALL SUCH OPERATIONS;
(D) PACKAGE, BOTTLE, SELL AND DELIVER WINE PRODUCTS;
(E) ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE RENTED
BY A LICENSED TENANT MEAD PRODUCER FOR THE PURPOSES OF ALTERNATION.
12. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY ISSUE A FARM MEADERY LICENSE TO THE HOLDER OF A FARM MEADERY, FARM
BREWERY, FARM WINERY OR FARM DISTILLER'S LICENSE FOR USE AT SUCH
LICENSEE'S EXISTING LICENSED PREMISES. THE HOLDER OF A FARM MEADERY,
FARM BREWERY, FARM WINERY OR FARM DISTILLER'S LICENSE THAT SIMULTANEOUS-
LY HOLDS A FARM MEADERY LICENSE ON AN ADJACENT PREMISES MAY SHARE AND
USE THE SAME TASTING ROOM FACILITIES TO CONDUCT ANY TASTINGS THAT SUCH
LICENSEE IS OTHERWISE AUTHORIZED TO CONDUCT.
13. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. IN PRESCRIBING SUCH
RULES AND REGULATIONS, THE AUTHORITY SHALL PROMOTE THE EXPANSION AND
PROFITABILITY OF MEAD AND BRAGGOT PRODUCTION AND OF TOURISM IN NEW YORK,
THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW
YORK STATE AGRICULTURAL LANDS.
§ 32. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY RETAIL LICENSEES.
1. EACH RETAIL LICENSEE UNDER THIS CHAPTER SHALL HAVE THE RIGHT, BY
VIRTUE OF HIS OR HER LICENSE AND WITHOUT BEING REQUIRED TO PAY ANY ADDI-
TIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE PREMISES, AS THE CASE MAY BE, MEAD WHICH HAS NOT BEEN DESIGNATED
AS A WINE PURSUANT TO SUBDIVISION NINETEEN-A OF SECTION THREE OF THIS
CHAPTER AND HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE OR SELL
MEAD AT WHOLESALE UNDER THIS CHAPTER.
2. EACH RETAIL LICENSEE AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
SHALL HAVE THE RIGHT, BY VIRTUE OF HIS OR HER LICENSE AND WITHOUT BEING
REQUIRED TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES, AS THE CASE MAY BE, MEAD WHICH
HAS BEEN DESIGNATED AS A WINE PURSUANT TO SUBDIVISION NINETEEN-A OF
SECTION THREE OF THIS CHAPTER AND WHICH HAS BEEN PURCHASED FROM A PERSON
LICENSED TO PRODUCE OR SELL MEAD AT WHOLESALE UNDER THIS CHAPTER.
3. EACH RETAIL LICENSEE AUTHORIZED TO SELL BEER UNDER THIS CHAPTER
SHALL HAVE THE RIGHT, BY VIRTUE OF HIS OR HER LICENSE AND WITHOUT BEING
REQUIRED TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT RETAIL
FOR CONSUMPTION ON OR OFF THE PREMISES, AS THE CASE MAY BE, BRAGGOT
WHICH HAS BEEN PURCHASED FROM A PERSON LICENSED TO PRODUCE OR SELL BRAG-
GOT AT WHOLESALE UNDER THIS CHAPTER.
§ 33. AUTHORIZATION FOR SALE OF MEAD AND BRAGGOT BY WHOLESALE LICEN-
SEES. 1. EACH WHOLESALE LICENSEE AUTHORIZED TO SELL BEER UNDER THIS
A. 11113 8
CHAPTER SHALL HAVE THE RIGHT, BY VIRTUE OF ITS LICENSE AND WITHOUT BEING
REQUIRED TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
SALE:
(A) BRAGGOT PURCHASED FROM A PERSON LICENSED TO PRODUCE BRAGGOT UNDER
THIS CHAPTER. SUCH BRAGGOT SHALL BE SUBJECT TO THE PROVISIONS OF THIS
CHAPTER REGARDING THE TASTING AND SALE OF BEER AT WHOLESALE AND RETAIL;
OR
(B) MEAD PURCHASED FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH
HAS NOT BEEN DESIGNATED AS WINE PURSUANT TO SUBDIVISION NINETEEN-A OF
SECTION THREE OF THIS CHAPTER. SUCH MEAD SHALL BE SUBJECT TO THE
PROVISIONS OF THIS CHAPTER REGARDING THE TASTING AND SALE OF BEER AT
WHOLESALE AND RETAIL.
2. EACH WHOLESALE LICENSEE AUTHORIZED TO SELL WINE UNDER THIS CHAPTER
SHALL HAVE THE RIGHT, BY VIRTUE OR ITS LICENSE AND WITHOUT BEING
REQUIRED TO PAY ANY ADDITIONAL FEE FOR THE PRIVILEGE, TO SELL AT WHOLE-
SALE MEAD PURCHASED FROM A PERSON LICENSED TO PRODUCE MEAD AND WHICH HAS
BEEN DESIGNATED AS WINE PURSUANT TO SUBDIVISION NINETEEN-A OF SECTION
THREE OF THIS CHAPTER. SUCH MEAD SHALL BE SUBJECT TO THE PROVISIONS OF
THIS CHAPTER REGARDING THE TASTING AND SALE OR WINE AT WHOLESALE AND
RETAIL.
§ 34. MEAD AND BRAGGOT TASTING. ANY PERSON HOLDING A RETAIL LICENSE
UNDER THIS CHAPTER SHALL BE PERMITTED TO CONDUCT CONSUMER TASTINGS OF
MEAD AND BRAGGOT UPON SUCH PERSON'S LICENSED PREMISES. ALL SUCH TASTINGS
SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
1. TASTINGS OF MEAD AND BRAGGOT SHALL BE CONDUCTED BY THE LICENSEE OR
AN AUTHORIZED AGENT OF THE LICENSEE. PROVIDED, HOWEVER, A LICENSED
WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR ANOTHER ENTITY,
NOR SHALL A LICENSED WHOLESALER BE INVOLVED IN ANY MANNER WITH A MEAD OR
BRAGGOT TASTING CONDUCTED BY ANOTHER ENTITY.
2. NO MORE THAN THREE SAMPLES OF MEAD AND/OR BRAGGOT MAY BE PROVIDED
TO A PERSON IN ONE CALENDAR DAY.
3. NO SAMPLE MAY EXCEED THREE FLUID OUNCES.
4. NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE
PROVISIONS OF SECTIONS ONE HUNDRED FIVE AND ONE HUNDRED FIVE-A OF THIS
CHAPTER.
5. ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
TASTING AUTHORIZED BY THIS SECTION AND IN ACCORDANCE WITH THE PROVISIONS
OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW SHALL
ACCRUE TO THE LICENSEE.
6. NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO SERVE A
SAMPLE OR HANDLE AN OPEN CONTAINER OF MEAD OR BRAGGOT.
§ 8. Subdivision 3 of section 17 of the alcoholic beverage control
law, as amended by section 3 of chapter 297 of the laws of 2016, is
amended to read as follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the
A. 11113 9
holder of a license issued pursuant to sections THIRTY, THIRTY-ONE,
fifty-three, sixty-one-a, sixty-one-b, seventy-six, seventy-six-a, and
seventy-eight of this chapter, provided that the civil penalty against
the holder of a wholesale license issued pursuant to section fifty-three
of this chapter shall not exceed the sum of ten thousand dollars where
that licensee violates provisions of this chapter during the course of
the sale of beer at retail to a person for consumption at home, and the
sum of one hundred thousand dollars as against the holder of any license
issued pursuant to sections fifty-one, sixty-one, and sixty-two of this
chapter. Any civil penalty so imposed shall be in addition to and sepa-
rate and apart from the terms and provisions of the bond required pursu-
ant to section one hundred twelve of this chapter. Provided that no
appeal is pending on the imposition of such civil penalty, in the event
such civil penalty imposed by the division remains unpaid, in whole or
in part, more than forty-five days after written demand for payment has
been sent by first class mail to the address of the licensed premises, a
notice of impending default judgment shall be sent by first class mail
to the licensed premises and by first class mail to the last known home
address of the person who signed the most recent license application.
The notice of impending default judgment shall advise the licensee: (a)
that a civil penalty was imposed on the licensee; (b) the date the
penalty was imposed; (c) the amount of the civil penalty; (d) the amount
of the civil penalty that remains unpaid as of the date of the notice;
(e) the violations for which the civil penalty was imposed; and (f) that
a judgment by default will be entered in the supreme court of the county
in which the licensed premises are located, or other court of civil
jurisdiction or any other place provided for the entry of civil judg-
ments within the state of New York unless the division receives full
payment of all civil penalties due within twenty days of the date of the
notice of impending default judgment. If full payment shall not have
been received by the division within thirty days of mailing of the
notice of impending default judgment, the division shall proceed to
enter with such court a statement of the default judgment containing the
amount of the penalty or penalties remaining due and unpaid, along with
proof of mailing of the notice of impending default judgment. The filing
of such judgment shall have the full force and effect of a default judg-
ment duly docketed with such court pursuant to the civil practice law
and rules and shall in all respects be governed by that chapter and may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. A judgment entered pursuant to this subdivision shall
remain in full force and effect for eight years notwithstanding any
other provision of law.
§ 9. Subdivision 3 of section 17 of the alcoholic beverage control
law, as amended by section 4 of chapter 297 of the laws of 2016, is
amended to read as follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
A. 11113 10
sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the
holder of a license issued pursuant to sections THIRTY, THIRTY-ONE,
fifty-three, sixty-one-a, sixty-one-b, seventy-six, seventy-six-a and
seventy-eight of this chapter, provided that the civil penalty against
the holder of a wholesale license issued pursuant to section fifty-three
of this chapter shall not exceed the sum of ten thousand dollars where
that licensee violates provisions of this chapter during the course of
the sale of beer at retail to a person for consumption at home, and the
sum of one hundred thousand dollars as against the holder of any license
issued pursuant to sections fifty-one, sixty-one and sixty-two of this
chapter. Any civil penalty so imposed shall be in addition to and sepa-
rate and apart from the terms and provisions of the bond required pursu-
ant to section one hundred twelve of this chapter. Provided that no
appeal is pending on the imposition of such civil penalty, in the event
such civil penalty imposed by the division remains unpaid, in whole or
in part, more than forty-five days after written demand for payment has
been sent by first class mail to the address of the licensed premises, a
notice of impending default judgment shall be sent by first class mail
to the licensed premises and by first class mail to the last known home
address of the person who signed the most recent license application.
The notice of impending default judgment shall advise the licensee: (a)
that a civil penalty was imposed on the licensee; (b) the date the
penalty was imposed; (c) the amount of the civil penalty; (d) the amount
of the civil penalty that remains unpaid as of the date of the notice;
(e) the violations for which the civil penalty was imposed; and (f) that
a judgment by default will be entered in the supreme court of the county
in which the licensed premises are located, or other court of civil
jurisdiction, or any other place provided for the entry of civil judg-
ments within the state of New York unless the division receives full
payment of all civil penalties due within twenty days of the date of the
notice of impending default judgment. If full payment shall not have
been received by the division within thirty days of mailing of the
notice of impending default judgment, the division shall proceed to
enter with such court a statement of the default judgment containing the
amount of the penalty or penalties remaining due and unpaid, along with
proof of mailing of the notice of impending default judgment. The filing
of such judgment shall have the full force and effect of a default judg-
ment duly docketed with such court pursuant to the civil practice law
and rules and shall in all respects be governed by that chapter and may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. A judgment entered pursuant to this subdivision shall
remain in full force and effect for eight years notwithstanding any
other provision of law.
§ 10. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (l)
of subdivision 2 of section 51-a of the alcoholic beverage control law,
paragraphs (a), (b), (c), (f), (h), (i) and (l) as added by chapter 108
of the laws of 2012, paragraph (d) as amended and paragraph (l) as
relettered by chapter 384 of the laws of 2013, paragraph (e) as amended
by chapter 328 of the laws of 2016, paragraph (g) as amended by chapter
431 of the laws of 2014, are amended to read as follows:
(a) manufacture New York state labelled cider AND NEW YORK STATE
LABELED BRAGGOT;
(b) sell in bulk beer [and], cider, AND BRAGGOT manufactured by the
licensee to any person licensed to manufacture alcoholic beverages in
A. 11113 11
this state or to a permittee engaged in the manufacture of products
which are unfit for beverage use;
(c) sell or deliver beer [and], cider, AND BRAGGOT manufactured by the
licensee to persons outside the state pursuant to the laws of the place
of such delivery;
(d) sell beer [and], cider, AND BRAGGOT manufactured by the licensee
to wholesalers and retailers licensed in this state to sell such beer
[and], cider, AND BRAGGOT, licensed farm distillers, licensed farm
wineries, licensed farm cideries, LICENSED FARM MEADERIES and any other
licensed farm brewery. All such beer [and], cider, AND BRAGGOT sold by
the licensee shall be securely sealed and have attached thereto a label
as shall be required by section one hundred seven-a of this chapter;
(e) sell at the licensed premises beer [and], cider, AND BRAGGOT manu-
factured by the licensee or any other licensed farm brewery, and wine
and spirits manufactured by any licensed farm winery or farm distillery,
at retail for consumption on or off the licensed premises;
(f) conduct tastings at the licensed premises of beer [and], cider,
AND BRAGGOT manufactured by the licensee or any other licensed farm
brewery;
(g) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, beer
[and], cider, AND BRAGGOT manufactured by the licensee and any New York
state labeled beer, NEW YORK STATE LABELED BRAGGOT or New York state
labeled cider. All of the provisions of this chapter relative to
licenses to sell beer, CIDER, AND BRAGGOT at retail for consumption on
and off the premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed farm brewery
may apply to the authority for a license under this chapter to sell
other alcoholic beverages at retail for consumption on the premises at
such establishment;
(h) sell beer [and], cider, AND BRAGGOT manufactured by the licensee
or any other licensed farm brewery at retail for consumption off the
premises, at the state fair, at recognized county fairs and at farmers
markets operated on a not-for-profit basis;
(i) conduct tastings of and sell at retail for consumption off the
premises New York state labelled wine AND MEAD manufactured by a
[licensed winery or licensed farm winery] PERSON LICENSED TO PRODUCE
WINE OR MEAD UNDER THIS CHAPTER;
(l) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE
PREMISES NEW YORK STATE LABELLED BRAGGOT MANUFACTURED BY A PERSON
LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
(M) engage in any other business on the licensed premises subject to
such rules and regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity of the
farm brewery licensee.
§ 11. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
sion 3 of section 51-a of the alcoholic beverage control law, as added
by chapter 108 of the laws of 2012, are amended to read as follows:
(a) A farm brewery licensee may apply for a permit to conduct tastings
away from the licensed premises of beer [and], cider, AND BRAGGOT
produced by the licensee. Such permit shall be valid throughout the
state and may be issued on an annual basis or for individual events.
Each such permit and the exercise of the privilege granted thereby shall
A. 11113 12
be subject to such rules and conditions of the authority as it deems
necessary.
(ii) any liability stemming from a right of action resulting from a
tasting of beer [or], cider, OR BRAGGOT as authorized herein and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the farm brewery.
§ 12. Subdivision 4 of section 51-a of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read as
follows:
4. A licensed farm brewery holding a tasting permit issued pursuant to
subdivision three of this section may apply to the authority for a
permit to sell beer [and], cider, AND BRAGGOT produced by such farm
brewery, by the bottle, during such tastings in premises licensed under
sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of this
chapter. Each such permit and the exercise of the privilege granted
thereby shall be subject to such rules and conditions of the authority
as it deems necessary.
§ 13. Subdivision 10 of section 51-a of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended to read
as follows:
10. (a) No farm brewery shall manufacture in excess of seventy-five
thousand finished barrels of beer [and], cider, AND BRAGGOT annually.
(b) A farm brewery shall manufacture at least fifty barrels of beer
[and], cider, AND BRAGGOT annually.
§ 14. Subdivisions 1 and 2 of section 56-a of the alcoholic beverage
control law, as amended by chapter 422 of the laws of 2016, are amended
to read as follows:
1. In addition to the annual fees provided for in this chapter, there
shall be paid to the authority with each initial application for a
license filed pursuant to section THIRTY, THIRTY-ONE, 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 THIRTY, THIRTY-ONE, fifty-one, fifty-
one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c,
A. 11113 13
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 seventy-nine, eighty-one or eighty-
one-a of this chapter, a filing fee of twenty-five dollars; and with
each renewal application for a license or permit filed pursuant to
section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one,
ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such permit is issued on a calendar year basis, ninety-four, ninety-
five, ninety-six or ninety-six-a of this chapter or pursuant to para-
graph b, c, e or j of subdivision one of section ninety-nine-b, if such
permit is issued on a calendar year basis, or with each renewal applica-
tion for an additional bar pursuant to subdivision four of section one
hundred of this chapter, a filing fee of thirty dollars.
§ 15. Paragraph (j) of subdivision 2 of section 58-c of the alcoholic
beverage control law, as amended by chapter 327 of the laws of 2016, is
amended and two new paragraphs (j-1) and (j-2) are added to read as
follows:
(j) conduct tastings of and sell at retail for consumption on or off
the premises New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller; provided, however, that no consum-
er may be provided, directly or indirectly: (i) with more than three
samples of liquor for tasting in one calendar day; or (ii) with a sample
of liquor for tasting equal to more than one-quarter fluid ounce; [and]
(J-1) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES NEW YORK STATE LABELLED MEAD MANUFACTURED BY A PERSON
LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER;
(J-2) CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES NEW YORK STATE LABELLED BRAGGOT MANUFACTURED BY A PERSON
LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER; AND
§ 16. Subparagraphs (vi) and (vii) of paragraph (a) of subdivision 2-c
of section 61 of the alcoholic beverage control law, as amended by chap-
ter 103 of the laws of 2017, are amended and two new subparagraphs
(viii) and (ix) are added to read as follows:
(vi) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled cider manufactured by a
licensed brewer, licensed farm brewery, licensed farm winery, licensed
cider producer or licensed farm cidery; [and]
(vii) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery[.];
(VIII) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE PREMISES NEW YORK STATE LABELLED MEAD MANUFACTURED BY A PERSON
LICENSED TO PRODUCE MEAD UNDER THIS CHAPTER; AND
(IX) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE PREMISES NEW YORK STATE LABELLED BRAGGOT MANUFACTURED BY A
PERSON LICENSED TO PRODUCE BRAGGOT UNDER THIS CHAPTER.
§ 17. Paragraphs (a), (b), (c) and (d) of subdivision 2 of section 76
of the alcoholic beverage control law, as amended by chapter 108 of the
laws of 2012, are amended to read as follows:
(a) to operate a winery for the manufacture of wine AND MEAD at the
premises specifically designated in the license;
A. 11113 14
(b) to receive and possess wine AND MEAD from other states consigned
to a United States government bonded winery, warehouse or storeroom
located within the state;
(c) to sell in bulk from the licensed premises the products manufac-
tured under such license and wine AND MEAD received by such licensee
from any other state to any winery licensee, OR MEADERY LICENSE any
distiller licensee or to a permittee engaged in the manufacture of
products which are unfit for beverage use and to sell or deliver such
wine OR MEAD to persons outside the state pursuant to the laws of the
place of such sale or delivery;
(d) to sell from the licensed premises to a licensed wholesaler or
retailer, or to a corporation operating railroad cars or aircraft for
consumption on such carriers, wine AND MEAD manufactured or received by
the licensee as above set forth in the original sealed containers of not
more than fifteen gallons each and to sell or deliver such wine AND MEAD
to persons outside the state pursuant to the laws of the place of such
sale or delivery. All wine AND MEAD sold by such licensee shall be
securely sealed and have attached thereto a label setting forth such
information as shall be required by this chapter;
§ 18. Subdivision 4-a of section 76 of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended to read
as follows:
4-a. A licensed winery may operate a restaurant, hotel, catering
establishment, or other food and drinking establishment in or adjacent
to the licensed premises and sell at such place, at retail for consump-
tion on the premises, wine, MEAD and wine products manufactured by the
licensee and any New York state labeled wine, MEAD or New York state
labeled wine product. All of the provisions of this chapter relative to
licenses to sell wine at retail for consumption on the premises shall
apply so far as applicable to such licensee. Notwithstanding any other
provision of law, the licensed winery may apply to the authority for a
license under article four of this chapter to sell other alcoholic
beverages at retail for consumption on the premises at such establish-
ment.
§ 19. Subdivision 13 of section 76 of the alcoholic beverage control
law, as added by chapter 221 of the laws of 2011, is amended to read as
follows:
13. Notwithstanding any other provision of law to the contrary, a
winery licensed pursuant to this section may engage in custom wine
production allowing individuals to assist in the production of wine OR
MEAD for sale for personal or family use, provided, however, that (a)
the wine OR MEAD must be purchased by the individual assisting in the
production of such wine OR MEAD; and (b) the owner, employee or agent of
such winery shall be present at all times during such production.
§ 20. Subdivision 14 of section 76 of the alcoholic beverage control
law, as added by chapter 431 of the laws of 2014, is amended to read as
follows:
14. Any person licensed under this section shall manufacture at least
fifty gallons of wine AND/OR MEAD per year.
§ 21. Paragraphs (a), (c), (e) and (f) of subdivision 2 of section
76-a of the alcoholic beverage control law, paragraph (a) as added by
chapter 221 of the laws of 2011, paragraph (c) as amended by chapter 384
of the laws of 2013, paragraph (e) as amended by chapter 328 of the laws
of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014,
are amended to read as follows:
A. 11113 15
(a) operate a farm winery for the manufacture of wine, NEW YORK STATE
LABELED MEAD or NEW YORK STATE LABELED cider at the premises specif-
ically designated in the license;
(c) sell from the licensed premises to a licensed winery, farm distil-
ler, farm brewery, farm cidery, FARM MEADERY, wholesaler or retailer, or
to a corporation operating railroad cars or aircraft for consumption on
such carriers, or at retail for consumption off the premises, wine [or],
cider, OR MEAD manufactured by the licensee as above set forth and to
sell or deliver such wine or cider to persons outside the state pursuant
to the laws of the place of such sale or delivery. All wine [or], cider,
OR MEAD sold by such licensee for consumption off the premises shall be
securely sealed and have attached thereto a label setting forth such
information as shall be required by this chapter;
(e) CONDUCT TASTINGS OF AND sell at the licensed premises [cider and
wine], AT RETAIL FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES ALCO-
HOLIC BEVERAGES manufactured by the licensee or any other licensed farm
winery[, and]; NEW YORK STATE LABELED WINE MANUFACTURED BY ANY LICENSED
WINERY; NEW YORK STATE LABELED beer MANUFACTURED BY ANY LICENSED BREWER
OR FARM BREWERY; NEW YORK STATE LABELED CIDER MANUFACTURED BY ANY
LICENSED CIDER PRODUCER, FARM CIDERY OR FARM BREWERY; NEW YORK STATE
LABELED MEAD MANUFACTURED BY ANY LICENSED FARM MEADERY, WINERY OR FARM
WINERY; NEW YORK STATE LABELED BRAGGOT MANUFACTURED BY ANY LICENSED
MEADERY, BREWERY OR FARM BREWERY and [spirits] NEW YORK STATE LABELED
LIQUOR manufactured by any licensed [farm brewery or] DISTILLER OR farm
distillery[, at retail for consumption on or off the licensed premises];
(f) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, wine,
cider [and wine products], AND MEAD manufactured by the licensee and any
New York state labeled wine, New York state labeled cider, NEW YORK
STATE LABELED MEAD or New York state labeled wine product. All of the
provisions of this chapter relative to licenses to sell wine at retail
for consumption on the premises shall apply so far as applicable to such
licensee. Notwithstanding any other provision of law, the licensed FARM
winery may apply to the authority for a license under [article four of]
this chapter to sell other alcoholic beverages at retail for consumption
on the premises at such establishment.
§ 22. Paragraphs (f), (g) and (h) of subdivision 6 of section 76-a of
the alcoholic beverage control law are REPEALED.
§ 23. Subdivision 8 of section 76-a of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended to read
as follows:
8. (a) No licensed farm winery shall manufacture in excess of two
hundred fifty thousand finished gallons of wine, CIDER, AND MEAD annual-
ly.
(b) Any person licensed under this section shall manufacture at least
fifty gallons of wine, CIDER, AND MEAD per year.
§ 24. Subdivision 9 of section 76-a of the alcoholic beverage control
law, as added by chapter 221 of the laws of 2011, is amended to read as
follows:
9. Notwithstanding any other provision of law to the contrary, a farm
winery licensed pursuant to this section may engage in custom [wine]
production allowing individuals to assist in the production of NEW YORK
STATE LABELED wine, CIDER AND MEAD for sale for personal or family use,
provided, however, that (a) the wine, CIDER AND MEAD must be purchased
by the individual assisting in the production of such wine, CIDER OR
A. 11113 16
MEAD; and (b) the owner, employee or agent of such winery shall be pres-
ent at all times during such production.
§ 25. Subdivision 2 of section 101-aaa of the alcoholic beverage
control law, as amended by chapter 242 of the laws of 2012, is amended
to read as follows:
2. No manufacturer or wholesaler licensed under this chapter shall
sell or deliver any beer, MEAD, cider or wine products to any retail
licensee except as provided for in this section:
(a) for cash to be paid at the time of delivery; or
(b) on terms requiring payment by such retail licensee for such beer,
MEAD, cider, or wine products on or before the final payment date of any
credit period within which delivery is made. Provided, however, that the
sale of wine products MEAD, or cider to a retail licensee by a whole-
saler licensed under section fifty-eight, sixty-two, or seventy-eight of
this chapter, or a licensed manufacturer of liquor, MEAD or wine or a
cider producer's license, shall be governed by the provisions of section
one hundred-one-aa of this article.
§ 26. Paragraphs (b), (d) and (e) of subdivision 4 of section 107-a of
the alcoholic beverage control law, paragraph (b) as amended by chapter
369 of the laws of 2017, paragraphs (d) and (e) as amended by chapter
354 of the laws of 2013, are amended to read as follows:
(b) The annual fee for registration of any brand or trade name label
for liquor shall be two hundred fifty dollars; the annual fee for regis-
tration of any brand or trade name label for beer, MEAD or cider shall
be one hundred fifty dollars; the annual fee for registration of any
brand or trade name label for wine or wine products shall be fifty
dollars. Such fee shall be in the form of a check or draft. No annual
fee for registration of any brand or trade name label for wine shall be
required if it has been approved by the Alcohol and Tobacco Tax and
Trade Bureau of the United States Department of Treasury pursuant to
this section.
Each brand or trade name label registration approved pursuant to this
section shall be valid for a term of three years as set forth by the
authority and which shall be pro-rated for partial years as applicable.
Each brand or trade name label registration approved pursuant to this
section shall be valid only for the licensee to whom issued and shall
not be transferable.
(d) The authority may at any time exempt any discontinued brand from
such fee provisions where a manufacturer or wholesaler has an inventory
of one hundred cases or less of liquor or wine and five hundred cases or
less of beer, and certifies to the authority in writing that such brand
is being discontinued. The authority may also at any time exempt any
discontinued brand from such fee provisions where a retailer discontinu-
ing a brand owned by him has a balance of an order yet to be delivered
of fifty cases or less of liquor or wine, or two hundred fifty cases or
less of beer, MEAD, wine products or cider.
(e) The authority shall exempt from such fee provisions the registra-
tion of each brand or trade name label used for beer, MEAD or cider that
is produced in small size batches totaling fifteen hundred barrels or
less of beer, MEAD or cider annually.
§ 27. This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to section 17 of the
alcoholic beverage control law made by section eight of this act shall
be subject to the expiration and reversion of such section pursuant to
section 4 of chapter 118 of the laws of 2012, as amended, when upon such
date the provisions of section nine of this act shall take effect.