[ ] is old law to be omitted.
LBD15851-01-8
S. 8969 2
(A) TASTINGS OF BEER SHALL BE CONDUCTED BY THE LICENSEE OR AN AUTHOR-
IZED AGENT OF THE LICENSEE. PROVIDED, HOWEVER, A LICENSED BEER OR CIDER
WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR ANOTHER ENTITY,
NOR SHALL A LICENSED BEER OR CIDER WHOLESALER BE INVOLVED IN ANY MANNER
WITH A BEER TASTING CONDUCTED BY ANOTHER ENTITY.
(B) NO MORE THAN SIX SAMPLES OF BEER MAY BE PROVIDED TO A PERSON IN
ONE CALENDAR DAY; EACH SAMPLE IN THE TASTING SHALL BE OF A DIFFERENT
BEER.
(C) NO SAMPLE MAY EXCEED FIVE FLUID OUNCES.
(D) NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAP-
TER.
(E) THE LICENSEE MAY CHARGE THE CONSUMER FOR ANY SUCH SAMPLE.
(F) 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.
(G) NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO SERVE
A SAMPLE OR HANDLE AN OPEN CONTAINER OF BEER.
3. ANY OTHER CONSUMER TASTING OF BEER AUTHORIZED BY THIS CHAPTER SHALL
BE SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
§ 2. Section 59-a of the alcoholic beverage control law, as added by
chapter 232 of the laws of 2015, is amended to read as follows:
§ 59-a. Cider tasting. 1. Any person holding a retail license under
this chapter shall be permitted to conduct consumer tastings of cider
upon such person's licensed premises. All such tastings shall be subject
to the following limitations:
(a) Tastings of cider shall be conducted by the licensee or an author-
ized agent of the licensee. Provided, however, a licensed beer or cider
wholesaler shall not serve as the authorized agent for another entity,
nor shall a licensed beer or cider wholesaler be involved in any manner
with a cider tasting conducted by another entity.
(b) No more than three samples of cider may be provided to a person in
one calendar day.
(c) No sample may exceed three fluid ounces.
(d) No tasting shall be held during the hours prohibited by the
provisions of SUBDIVISION FIVE OF section one hundred [five and one
hundred five-a] SIX of this chapter.
(E) THE LICENSEE MAY NOT CHARGE THE CONSUMER FOR ANY SUCH SAMPLE.
[(e)] (F) 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.
[(f)] (G) No person under the age of twenty-one shall be permitted to
serve a sample or handle an open container of cider.
2. ANY CONSUMER TASTING OF CIDER AUTHORIZED BY THIS CHAPTER BY A
LICENSED MANUFACTURER AT SUCH MANUFACTURER'S LICENSED PREMISES SHALL BE
SUBJECT TO THE FOLLOWING LIMITATIONS:
(A) TASTINGS OF CIDER SHALL BE CONDUCTED BY THE LICENSEE OR AN AUTHOR-
IZED AGENT OF THE LICENSEE. PROVIDED, HOWEVER, A LICENSED BEER OR CIDER
WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR ANOTHER ENTITY,
NOR SHALL A LICENSED BEER OR CIDER WHOLESALER BE INVOLVED IN ANY MANNER
WITH A BEER TASTING CONDUCTED BY ANOTHER ENTITY.
(B) NO MORE THAN SIX SAMPLES OF CIDER MAY BE PROVIDED TO A PERSON IN
ONE CALENDAR DAY; EACH SAMPLE IN THE TASTING SHALL BE OF A DIFFERENT
CIDER.
S. 8969 3
(C) NO SAMPLE MAY EXCEED FIVE FLUID OUNCES.
(D) NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAP-
TER.
(E) THE LICENSEE MAY CHARGE THE CONSUMER FOR ANY SUCH SAMPLE.
(F) 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.
(G) NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO
SERVICE A SAMPLE OR HANDLE AN OPEN CONTAINER OF CIDER.
3. ANY OTHER CONSUMER TASTING OF CIDER AUTHORIZED BY THIS CHAPTER
SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
§ 3. Section 63-a of the alcoholic beverage control law, as amended by
chapter 232 of the laws of 2015, is amended to read as follows:
§ 63-a. Liquor tasting. 1. (a) Any person licensed pursuant to section
sixty-one or sixty-two of this article shall be permitted to conduct
consumer tastings of liquor in establishments licensed under section
sixty-three of this article to sell alcoholic beverages for off-premises
consumption.
(b) Any person holding a retail license to sell liquor under this
chapter shall be permitted to conduct consumer tastings of liquor upon
such person's licensed premises.
2. All consumer tastings of liquor CONDUCTED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION shall be [conducted] subject to the following limi-
tations:
(a) tastings of liquor shall be conducted by the licensee or an
authorized agent of the licensee. Such licensee or agent shall be phys-
ically present upon the premises at all times during the conducting of
the consumer tasting of liquor.
(b) no more than a total of three samples of liquor may be provided
for tasting to a person in one calendar day.
(c) no sample of liquor for tasting may exceed one-quarter fluid ounce
PROVIDED, THAT THE LIQUOR MAY BE MIXED WITH NON-ALCOHOLIC BEVERAGES.
(D) THE LICENSEE MAY NOT CHARGE THE CONSUMER FOR ANY SUCH SAMPLE.
(E) NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAP-
TER.
(F) NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO SERVE
A SAMPLE OR HANDLE AN OPEN CONTAINER OR LIQUOR.
[(d)] (G) any liability stemming from a right of action resulting from
a consumer tasting of liquor authorized by this section and in accord-
ance with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the licensee, who conducted such tast-
ing.
3. ANY CONSUMER TASTING OF LIQUOR AUTHORIZED BY THIS CHAPTER BY A
LICENSED MANUFACTURER AT SUCH MANUFACTURER'S LICENSED PREMISES SHALL BE
SUBJECT TO THE FOLLOWING LIMITATIONS:
(A) TASTINGS OF LIQUOR SHALL BE CONDUCTED BY THE LICENSEE OR AN
AUTHORIZED AGENT OF THE LICENSEE. PROVIDED, HOWEVER, A LICENSED BEER OR
CIDER WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR ANOTHER
ENTITY, NOR SHALL A LICENSED BEER OR CIDER WHOLESALER BE INVOLVED IN ANY
MANNER WITH A LIQUOR TASTING CONDUCTED BY ANOTHER ENTITY.
(B) NO MORE THAN SIX SAMPLES OF LIQUOR MAY BE PROVIDED TO A PERSON IN
ONE CALENDAR DAY; EACH SAMPLE IN THE TASTING SHALL BE OF A DIFFERENT
LIQUOR.
S. 8969 4
(C) NO SAMPLE MAY EXCEED ONE-QUARTER FLUID OUNCE, PROVIDED, THAT THE
LIQUOR MAY BE MIXED WITH NON-ALCOHOLIC BEVERAGES.
(D) NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAP-
TER.
(E) THE LICENSEE MAY CHARGE THE CONSUMER FOR ANY SUCH SAMPLE.
(F) 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.
(G) NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO SERVE
A SAMPLE OR HANDLE AN OPEN CONTAINER OF LIQUOR.
4. ANY OTHER CONSUMER TASTING OF LIQUOR AUTHORIZED BY THIS CHAPTER
SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
[3.] 5. The state liquor authority shall promulgate rules and regu-
lations regarding liquor tastings as provided for in this section.
§ 4. Section 80 of the alcoholic beverage control law, as amended by
chapter 221 of the laws of 2011, is amended to read as follows:
§ 80. Wine tasting. 1. [Except as otherwise provided for in this chap-
ter, any] ANY person [licensed to sell wine pursuant to this article, or
section sixty-three or section seventy-nine of this chapter,] HOLDING A
RETAIL OR WHOLESALE LICENSE TO SELL WINE UNDER THIS CHAPTER shall be
permitted to conduct wine tastings only upon [the] SUCH PERSON'S
licensed premises. [Wine tastings which are conducted under the auspices
of an official agent of a farm winery, winery, wholesaler, or importer
and where such agent is physically present at all times during the
conduct of the tasting, then, in that event, any liability stemming from
a right of action resulting from a wine tasting 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 winery, winery,
wholesaler, or importer.]
2. ALL CONSUMER TASTINGS OF WINE CONDUCTED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
(A) TASTINGS OF WINE SHALL BE CONDUCTED BY THE LICENSEE OR AN AUTHOR-
IZED AGENT OF THE LICENSEE. SUCH LICENSEE OR AGENT SHALL BE PHYSICALLY
PRESENT UPON THE PREMISES AT ALL TIMES DURING THE CONDUCTING OF THE
CONSUMER TASTING OF WINE.
(B) NO MORE THAN A TOTAL OF EIGHTEEN FLUID OUNCES OF WINE MAY BE
PROVIDED FOR TASTING TO A PERSON IN ONE CALENDAR DAY.
(C) NO SAMPLE OF WINE FOR TASTING MAY EXCEED THREE FLUID OUNCES.
(D) THE LICENSEE MAY NOT CHARGE THE CONSUMER FOR ANY SUCH SAMPLE.
(E) NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAP-
TER.
(F) NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO SERVE
A SAMPLE OR HANDLE AN OPEN CONTAINER OF WINE.
(G) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
CONSUMER TASTING OF LIQUOR AUTHORIZED BY THIS SECTION AND IN ACCORDANCE
WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLI-
GATIONS LAW, SHALL ACCRUE TO THE LICENSEE, WHO CONDUCTED SUCH TASTING.
3. ANY CONSUMER TASTING OF WINE AUTHORIZED BY THIS CHAPTER BY A
LICENSED MANUFACTURER AT SUCH MANUFACTURER'S LICENSED PREMISES SHALL BE
SUBJECT TO THE FOLLOWING LIMITATIONS:
(A) TASTINGS OF WINE SHALL BE CONDUCTED BY THE LICENSEE OR AN AUTHOR-
IZED AGENT OF THE LICENSEE. PROVIDED, HOWEVER, A LICENSED BEER OR CIDER
WHOLESALER SHALL NOT SERVE AS THE AUTHORIZED AGENT FOR ANOTHER ENTITY,
S. 8969 5
NOR SHALL A LICENSED BEER OR CIDER WHOLESALER BE INVOLVED IN ANY MANNER
WITH A WINE TASTING CONDUCTED BY ANOTHER ENTITY.
(B) NO MORE THAN EIGHTEEN FLUID OUNCES OF WINE MAY BE PROVIDED TO A
PERSON IN ONE CALENDAR DAY; EACH SAMPLE IN THE TASTING SHALL BE OF A
DIFFERENT WINE.
(C) NO SAMPLE MAY EXCEED THREE FLUID OUNCES.
(D) NO TASTING SHALL BE HELD DURING THE HOURS PROHIBITED BY THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAP-
TER.
(E) THE LICENSEE MAY CHARGE THE CONSUMER FOR ANY SUCH SAMPLE.
(F) 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.
(G) NO PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PERMITTED TO SERVE
A SAMPLE OR HANDLE AN OPEN CONTAINER OF WINE.
4. ANY OTHER CONSUMER TASTING OF WINE AUTHORIZED BY THIS CHAPTER SHALL
BE SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
[2.] 5. In addition to such other wine tastings permitted under this
chapter, licensed farm wineries, wineries, and wine wholesalers may
apply for a permit, pursuant to paragraph k of subdivision one of
section ninety-nine-b of this chapter, to conduct wine tastings. Such
permits 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 of the
liquor authority as it deems necessary. SUCH TASTINGS SHALL BE SUBJECT
TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
§ 5. Subdivision 3-a of section 51 of the alcoholic beverage control
law, as added by chapter 431 of the laws of 2014, is amended to read as
follows:
3-a. (A) A licensed brewer may at the licensed premises conduct tast-
ings of, and sell at retail for consumption on or off the licensed prem-
ises, any beer manufactured by the licensee or any New York state
labeled beer.
(B) Provided, however, that for tastings and sales for on-premises
consumption, the licensee shall regularly keep food available for sale
or service to its retail customers for consumption on the premises. A
licensee providing the following shall be deemed in compliance with this
provision: (i) sandwiches, soups or other such foods, whether fresh,
processed, pre-cooked or frozen; and/or (ii) food items intended to
complement the tasting of alcoholic beverages, which shall mean a diver-
sified 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.
(C) All of the provisions of this chapter relative to licenses to sell
beer at retail for consumption on and off the premises shall apply so
far as applicable to such licensee.
(D) THE PROVISIONS OF SUBDIVISION TWO OF SECTION FIFTY-FOUR-B OF THIS
CHAPTER SHALL APPLY TO ANY SUCH TASTING.
§ 6. Paragraph (d) of subdivision 8 of section 51 of the alcoholic
beverage control law is REPEALED.
§ 7. Paragraphs (f) and (i) of subdivision 2 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:
S. 8969 6
(f) conduct tastings at the licensed premises of beer and cider manu-
factured by the licensee or any other licensed farm brewery. THE
PROVISIONS OF SUBDIVISION TWO OF SECTION FIFTY-FOUR-B AND SUBDIVISION
TWO OF SECTION FIFTY-NINE-A OF THIS CHAPTER SHALL APPLY TO ANY SUCH
TASTING OF BEER OR CIDER;
(i) conduct tastings of and sell at retail for consumption off the
premises New York state labelled wine manufactured by a licensed winery
or licensed farm winery. THE PROVISIONS OF SUBDIVISION THREE OF SECTION
EIGHTY OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF WINE;
§ 8. Paragraph (j) of subdivision 2 of section 51-a of the alcoholic
beverage control law, as added by chapter 384 of the laws of 2013, is
amended to read as follows:
(j) conduct tastings of and sell at retail for consumption off the
premises New York state labelled cider manufactured by a licensed cider
producer or licensed farm cidery. THE PROVISIONS OF SUBDIVISION TWO OF
SECTION FIFTY-NINE-A OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF
CIDER;
§ 9. Paragraph (k) of subdivision 2 of section 51-a of the alcoholic
beverage control law, as added by chapter 108 of the laws of 2012 and as
relettered by chapter 384 of the laws of 2013, is amended to read as
follows:
(k) conduct tastings of and sell at retail for consumption off the
premises New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller[; provided, however, that no
consumer 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]. THE PROVISIONS OF SUBDIVISION THREE OF SECTION SIXTY-THREE-A OF
THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF LIQUOR; and
§ 10. Paragraph (b) of subdivision 3 of section 52 of the alcoholic
beverage control law, as added by chapter 422 of the laws of 2016, is
amended to read as follows:
(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] THE PROVISIONS OF SUBDI-
VISION ONE OF SECTION FIFTY-FOUR-B OF THIS ARTICLE.
§ 11. Subdivision 2 of section 58 of the alcoholic beverage control
law, as added by chapter 347 of the laws of 1999, is amended to read as
follows:
2. (a) Any person licensed pursuant to subdivision one of this section
may conduct cider tastings of New York state labelled ciders in estab-
lishments licensed pursuant to section sixty-three of this chapter to
sell alcoholic beverages for off-premises consumption. Such TASTINGS
SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIFTY-
NINE-A OF THIS ARTICLE, PROVIDED, THAT THE cider producer or wholesaler
may charge a fee of not more than twenty-five cents for each cider
sample tasted. The liquor authority shall promulgate rules and regu-
lations relating to the conduct of such tastings.
S. 8969 7
(b) Any person licensed pursuant to subdivision one of this section
may conduct cider tastings of New York state labelled ciders and apply
to the liquor authority for a permit to sell cider produced by such
cider 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 TAST-
INGS SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION
FIFTY-NINE-A OF THIS ARTICLE, PROVIDED, THAT THE cider producer or
wholesaler may charge a fee of not more than twenty-five cents for each
cider sample tasted. The liquor authority shall promulgate rules and
regulations relating to the conduct of tastings.
[(c) Cider tastings shall be conducted subject to the following limi-
tations:
(i) cider tastings shall be conducted by an official agent, represen-
tative or solicitor of one or more cider producers or wholesalers. 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
cider tasting as authorized pursuant to this subdivision and in accord-
ance with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the cider producer or wholesaler licen-
see.]
§ 12. Paragraphs (b), (d) and (e) of subdivision 3-a of section 58 of
the alcoholic beverage control law, paragraph (b) as amended by chapter
171 of the laws of 2017, paragraphs (d) and (e) as amended by chapter
384 of the laws of 2013, are amended to read as follows:
(b) conduct tastings at the licensed premises of such cider or any
other New York state labeled cider. THE PROVISIONS OF SUBDIVISION TWO OF
SECTION FIFTY-NINE-A OF THIS ARTICLE SHALL APPLY TO ANY SUCH TASTING OF
CIDER;
(d) sell and conduct tastings of such cider at retail for consumption
on the premises of a restaurant, conference center, inn, bed and break-
fast or hotel business owned and operated by the licensee in or adjacent
to its farm cidery. A licensee who operates a restaurant, conference
center, inn, bed and breakfast or hotel pursuant to such authority shall
comply with all applicable provisions of this chapter which relate to
licenses to sell cider at retail for consumption on the premises. THE
PROVISIONS OF SUBDIVISION TWO OF SECTION FIFTY-NINE-A OF THIS ARTICLE
SHALL APPLY TO ANY SUCH TASTING OF CIDER;
(e) apply for a permit to conduct tastings away from the licensed
premises of such cider. Such permit shall be valid throughout the state
and may be issued on an annual basis or for individual events. Each such
permit and the exercise of the privilege granted thereby shall be
subject to such rules and conditions of the authority as it deems neces-
sary. Tastings shall be conducted subject to the [following conditions:
(i) tastings shall be conducted by an official agent, representative
or solicitor of the licensee. Such agent, representative or solicitor
shall be physically present at all times during the conduct of the tast-
ings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the licensee] PROVISIONS OF SUBDIVISION ONE OF SECTION
FIFTY-NINE-A OF THIS ARTICLE.
S. 8969 8
§ 13. Subparagraph (i) of paragraph (f) of subdivision 2 of section
58-c of the alcoholic beverage control law, as amended by chapter 431 of
the laws of 2014, is amended to read as follows:
(i) at the licensed premises, conduct tastings of, and sell at retail
for consumption on or off the licensed premises, any cider manufactured
by the licensee or any New York state labeled cider. Provided, however,
for tastings and sales for on-premises consumption, the licensee shall
regularly keep food available for sale or service to its retail custom-
ers for consumption 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: chees-
es, fruits, vegetables, chocolates, breads, mustards and crackers. All
of the provisions of this chapter relative to licensees selling cider at
retail shall apply. THE PROVISIONS OF SUBDIVISION TWO OF SECTION FIFTY-
NINE-A OF THIS ARTICLE SHALL APPLY TO ANY SUCH TASTING OF CIDER; and
§ 14. Paragraphs (h), (i) and (j) of subdivision 2 of section 58-c of
the alcoholic beverage control law, as amended by chapter 327 of the
laws of 2016, are amended to read as follows:
(h) 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. THE PROVISIONS OF SUBDIVISION TWO OF
SECTION FIFTY-FOUR-B OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF
BEER;
(i) 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. THE PROVISIONS OF SUBDIVISION THREE OF
SECTION EIGHTY OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF WINE;
(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
consumer 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]. THE PROVISIONS OF SUBDIVISION THREE OF SECTION SIXTY-THREE-A OF
THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF LIQUOR; and
§ 15. Subdivision 3 of section 58-c of the alcoholic beverage control
law, as added by chapter 384 of the laws of 2013, is amended to read as
follows:
3. (a) A farm cidery licensee may apply for a permit to conduct tast-
ings away from the licensed premises of cider produced by the licensee.
Such permit shall be valid throughout the state and may be issued on an
annual basis or for individual events. Each such permit and the exercise
of the privilege granted thereby shall be subject to such rules and
conditions of the authority as it deems necessary.
(b) Tastings shall be conducted subject to the [following limitations:
(i) tastings shall be conducted by an official agent, representative
or solicitor of one or more farm cideries. Such agent, representative or
solicitor shall be physically present at all times during the conduct of
the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
S. 8969 9
shall accrue to the farm cidery] PROVISIONS OF SUBDIVISION ONE OF
SECTION FIFTY-NINE-A OF THIS ARTICLE.
§ 16. Paragraph (b) of subdivision 3 of section 58-d of the alcoholic
beverage control law, as added by chapter 422 of the laws of 2016, is
amended to read as follows:
(b) conduct cider tastings for those individuals taking such classes
and/or using such facility for the production of cider 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 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] PROVISIONS OF SUBDIVISION ONE OF SECTION
FIFTY-NINE-A OF THIS ARTICLE.
§ 17. Subparagraphs (v), (vi) and (vii) of paragraph (a) of subdivi-
sion 2-c of section 61 of the alcoholic beverage control law, as amended
by chapter 103 of the laws of 2017, are amended to read as follows:
(v) To conduct tastings of and sell at retail for consumption on or
off the premises New York state labelled beer manufactured by a licensed
brewer or licensed farm brewery. THE PROVISIONS OF SUBDIVISION TWO OF
SECTION FIFTY-FOUR-B OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF
BEER;
(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. THE PROVISIONS OF SUBDIVISION
TWO OF SECTION FIFTY-NINE-A OF THIS CHAPTER SHALL APPLY TO ANY SUCH
TASTING OF CIDER; 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. THE PROVISIONS OF SUBDIVISION THREE OF
SECTION EIGHTY OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF WINE.
§ 18. Paragraph (c) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as amended by chapter 454 of the laws of 2008, the
opening paragraph as amended by chapter 484 of the laws of 2012, is
amended to read as follows:
(c) A licensed farm distillery may conduct upon the licensed premises,
or at approved locations as permitted in subdivision six of this
section, consumer tastings of liquor manufactured by the licensee and
from no more than three other class A, A-1, B, B-1, C or D distilleries,
subject to the following limitations:
(i) Only liquor manufactured primarily from farm and food products, as
defined in subdivision two of section two hundred eighty-two of the
agriculture and markets law, shall be used in the tastings;
(ii) [An official agent, servant or employee of the licensee shall be
physically present at all times during the conduct of the consumer tast-
ing of liquor;
(iii) No consumer may be provided, directly or indirectly: (A) more
than three samples of liquor for tasting in one calendar day; or (B)
with a sample of liquor for tasting equal to more than one-quarter fluid
ounce;
(iv) Any liability stemming from a right of action resulting from a
consumer tasting of liquor authorized by this paragraph and in accord-
S. 8969 10
ance with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the licensee] THE PROVISIONS OF SUBDI-
VISION THREE OF SECTION SIXTY-THREE-A OF THIS ARTICLE SHALL APPLY TO ANY
SUCH TASTING OF LIQUOR AT THE LICENSED PREMISES.
§ 19. Subdivision 6 of section 61 of the alcoholic beverage control
law, as added by chapter 484 of the laws of 2012, is amended to read as
follows:
6. Any person having applied for and received a license as a farm
distillery under this section may conduct consumer tastings of liquor
pursuant to rules or regulations promulgated by the liquor authority,
and subject to the [limitations set forth in paragraph c of subdivision
two-c of this section] PROVISIONS OF SUBDIVISION TWO OF SECTION SIXTY-
THREE-A OF THIS ARTICLE at the state fair, at recognized county fairs
and at farmers' markets operated on a not-for-profit basis.
§ 20. Subdivision 3 of section 76 of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended to read
as follows:
3. (a) Any person having applied for and received a license as a
winery under this section may conduct wine tastings of New York state
labelled wines in establishments licensed under sections sixty-three and
seventy-nine of this chapter to sell wine for off-premises consumption.
Such TASTINGS SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF
SECTION EIGHTY OF THIS ARTICLE, PROVIDED, THAT THE winery may charge a
fee for each wine sample tasted. The state liquor authority shall
promulgate rules and regulations regarding such tastings as provided for
in this subdivision.
[(a-1)] (B) Any person having applied for and received a license as a
winery under this section may conduct wine tastings of New York state
labelled wines and apply to the liquor authority for a permit to sell
wine produced by such winery by the bottle, during such tastings in
establishments licensed under section sixty-four, section sixty-four-a,
section eighty-one or section eighty-one-a of this chapter to sell wine
for consumption on the premises. Such TASTINGS SHALL BE SUBJECT TO THE
PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY OF THIS ARTICLE,
PROVIDED, THAT THE winery may charge a fee of no more than twenty-five
cents for each wine sample tasted. The state liquor authority shall
promulgate rules and regulations regarding such tastings as provided for
in this subdivision.
[(b) Tastings shall be conducted subject to the following limitations:
(i) wine tastings shall be conducted by an official agent, represen-
tative or solicitor of one or more wineries. 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
wine tasting 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 winery licensee.]
(c)(i) Any person having applied for and received a license as a
winery under this section may conduct wine tastings of New York state
labelled wines and sell such wine by the bottle, during such tasting,
for off-premises consumption at outdoor or indoor gatherings, functions,
occasions or events, within the hours fixed by or pursuant to subdivi-
sion fourteen of section one hundred five of this chapter, sponsored by
a bona fide charitable organization. SUCH TASTINGS SHALL BE SUBJECT TO
THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY OF THIS ARTICLE. For
the purposes of this paragraph, a bona fide charitable organization
S. 8969 11
shall mean and include any bona fide religious or charitable organiza-
tion or bona fide educational, fraternal or service organization or bona
fide organization of veterans or volunteer firefighters, which by its
charter, certificate of incorporation, constitution, or act of the
legislature, shall have among its dominant purposes one or more of the
lawful purposes as defined in subdivision five of section one hundred
eighty-six of the general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such winery to participate in outdoor or indoor gath-
erings, functions, occasions or events sponsored by a charitable organ-
ization. The winery must give the authority written or electronic
notice of the date, time and specific location of each tasting at least
fifteen days prior to the tasting. A winery that obtains a permit to
conduct such wine tastings does not need to apply for or obtain a tempo-
rary beer or wine permit pursuant to section ninety-seven of this chap-
ter or any other permit to conduct such a tasting or to sell wine by the
bottle for off-premises consumption at such tastings.
(iii) Such winery may charge a fee for each wine sample tasted. Tast-
ings shall be conducted by an official agent, representative or solici-
tor of such winery. The state liquor authority may promulgate rules and
regulations regarding such tastings as provided for in this subdivision.
§ 21. Subdivision 4 of section 76 of the alcoholic beverage control
law, as amended by chapter 171 of the laws of 2017, is amended to read
as follows:
4. A licensed winery may at the licensed premises, conduct tastings
of, and sell at retail for consumption on or off the licensed premises,
any wine or wine product manufactured by the licensee or any New York
state labeled wine or New York state labeled wine product or any New
York state labeled cider. Provided, however, for tastings and sales for
on-premises consumption, the licensee shall regularly keep food avail-
able for sale or service to its retail customers for consumption on the
premises. A licensee providing the following shall be deemed in compli-
ance with this provision: (i) sandwiches, soups or other such foods,
whether fresh, processed, pre-cooked or frozen; and/or (ii) 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 licenses to sell wine at retail for consumption on
or off the premises shall apply so far as applicable to such licensee.
THE PROVISIONS OF SUBDIVISION THREE OF SECTION EIGHTY OF THIS ARTICLE
SHALL APPLY TO ANY SUCH TASTING OF WINE.
§ 22. Paragraph (c) of subdivision 11 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:
(c) Notwithstanding any provision of this chapter to the contrary, any
winery licensee may charge[:
(i) For] FOR tours of its premises[; and
(ii) For any wine tastings].
§ 23. Subdivision 3 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:
3. (a) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines in establishments licensed under section sixty-three of
S. 8969 12
this chapter and section seventy-nine of this article to sell wine for
off-premises consumption. Such TASTINGS SHALL BE SUBJECT TO THE
PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY OF THIS ARTICLE,
PROVIDED, THAT THE farm winery may charge a fee for each wine sample
tasted. The state liquor authority shall promulgate rules and regu-
lations regarding such tastings as provided for in this subdivision.
(b) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines and apply to the liquor authority for a permit to sell
wine produced by such farm winery, by the bottle, during such tastings
in establishments licensed under sections sixty-four and sixty-four-a of
this chapter and section eighty-one or section eighty-one-a of this
article to sell wine for consumption on the premises. Such TASTINGS
SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY
OF THIS ARTICLE, PROVIDED, THAT THE farm winery may charge a fee of no
more than twenty-five cents for each wine sample tasted. The state
liquor authority shall promulgate rules and regulations regarding such
tastings as provided for in this subdivision.
[(c) Tastings shall be conducted subject to the following limitations:
(i) wine tastings shall be conducted by an official agent, represen-
tative or solicitor of one or more farm wineries. Such agent, represen-
tative 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
wine tasting 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 winery.
(d)] (C) (i) Any person having applied for and received a license as a
farm winery under this section may conduct wine tastings of New York
state labelled wines and sell such wine by the bottle, during such tast-
ing, for off-premises consumption at outdoor or indoor gatherings, func-
tions, occasions or events, within the hours fixed by or pursuant to
subdivision fourteen of section one hundred five of this chapter, spon-
sored by a bona fide charitable organization. SUCH TASTINGS SHALL BE
SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY OF THIS
ARTICLE. For the purposes of this paragraph, a bona fide charitable
organization shall mean and include any bona fide religious or charita-
ble organization or bona fide educational, fraternal or service organ-
ization or bona fide organization of veterans or volunteer firefighters,
which by its charter, certificate of incorporation, constitution, or act
of the legislature, shall have among its dominant purposes one or more
of the lawful purposes as defined in subdivision five of section one
hundred eighty-six of the general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such farm winery to participate in such outdoor or
indoor gatherings, functions, occasions or events sponsored by a chari-
table organization. The farm winery must give the authority written or
electronic notice of the date, time and specific location of each tast-
ing at least fifteen days prior to the tasting. A farm winery that
obtains a permit to conduct such wine tastings does not need to apply
for or obtain a temporary beer or wine permit pursuant to section nine-
ty-seven of this chapter or any other permit to conduct such a tasting
or to sell wine by the bottle for off-premises consumption at such tast-
ings.
(iii) [Such farm winery may charge a fee for each wine sample tasted.
Tastings shall be conducted by an official agent, representative or
S. 8969 13
solicitor of such farm winery.] The state liquor authority may adopt
rules and regulations regarding such tastings as provided in this subdi-
vision.
§ 24. Paragraph (e) of subdivision 4 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:
(e) Notwithstanding any provision of this chapter to the contrary, any
farm winery licensee may charge[:
(i) For] FOR tours of its premises[; and
(ii) For any wine tastings].
§ 25. Paragraph (f) of subdivision 6 of section 76-a of the alcoholic
beverage control law, as amended by chapter 571 of the laws of 2008, is
amended to read as follows:
(f) Conduct tastings of New York state labelled liquors manufactured
by the holder of a class A-1, B-1, or C distiller's license. [All liquor
tastings conducted pursuant to this paragraph shall be conducted in the
same manner as tastings of brandy pursuant to section seventy-six-e of
this article.] THE PROVISIONS OF SUBDIVISION THREE OF SECTION SIXTY-
THREE-A OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF LIQUOR.
§ 26. Paragraph (g) of subdivision 6 of section 76-a of the alcoholic
beverage control law, as added by chapter 108 of the laws of 2012, is
amended to read as follows:
(g) Conduct tastings of and sell at retail for consumption off the
premises New York state labelled beer manufactured by a licensed brewer
or farm brewery. THE PROVISIONS OF SUBDIVISION TWO OF SECTION FIFTY-
FOUR-B OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF BEER.
§ 27. Paragraph (h) of subdivision 6 of section 76-a of the alcoholic
beverage control law, as amended by chapter 384 of the laws of 2013, is
amended to read as follows:
(h) Conduct tastings of and sell at retail for consumption off the
premises New York state labelled cider manufactured by a licensed brew-
er, licensed farm brewery, licensed farm winery, licensed cider producer
or licensed farm cidery. THE PROVISIONS OF SUBDIVISION TWO OF SECTION
FIFTY-NINE-A OF THIS CHAPTER SHALL APPLY TO ANY SUCH TASTING OF CIDER.
§ 28. Paragraph (b) of subdivision 3 of section 77 of the alcoholic
beverage control law, as added by chapter 422 of the laws of 2016, is
amended to read as follows:
(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] PROVISIONS OF SUBDIVISION TWO OF SECTION
EIGHTY OF THIS ARTICLE.
§ 29. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2018.
