LBD04894-01-9
 S. 1185                             2
 
 CONSUMPTION  ON  THE  LICENSED  PREMISES  PURSUANT  TO THIS SUBDIVISION.
 Provided, however, 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:  sandwiches, soups or other such foods,  whether  fresh,
 processed,  pre-cooked or frozen; and/or food items intended to [compli-
 ment] 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: cheese, fruits, vegetables, choc-
 olates,  breads,  mustards  and  crackers. All of the provisions of this
 chapter relative to licenses to sell liquor at retail for consumption on
 the premises shall apply so far as applicable to such licensee; and
   (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, IN ADDITION TO ANY FOOD ITEMS OR OTHER PURCHASED
 ITEMS, at retail for consumption on the premises, ONLY  liquor  manufac-
 tured  by the licensee and any New York state labeled liquor. All of the
 provisions of this chapter relative to licenses to sell liquor at retail
 for consumption on [the] SUCH premises shall apply so far as  applicable
 to such licensee. Notwithstanding any other provision of law, the licen-
 see  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.  THE PRIVILEGES CONTAINED IN THIS SUBDIVISION SHALL
 NOT EXTEND TO THE PREMISES OF A RESTAURANT, HOTEL OR CATERING ESTABLISH-
 MENT.
   § 4. Paragraphs (e) and (f) of subdivision 2 of section  76-a  of  the
 alcoholic  beverage control law, 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:
   (e)  sell at the licensed premises AT RETAIL FOR CONSUMPTION ON OR OFF
 THE LICENSED PREMISES: cider and wine manufactured by  the  licensee  or
 any  other  licensed  farm winery[, and beer and spirits manufactured by
 any licensed farm brewery or farm distillery, at retail for  consumption
 on  or off the licensed premises]; NEW YORK STATE LABELED CIDER MANUFAC-
 TURED BY ANY OF THE FOLLOWING SO LONG AS IT  IS  LICENSED  IN  NEW  YORK
 STATE  BY  A  BREWER,  FARM  BREWER,  WINERY,  CIDER PRODUCER, OR A FARM
 CIDERY; NEW YORK STATE LABELED BEER  MANUFACTURED  BY  EITHER  A  BREWER
 LICENSED IN NEW YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK STATE;
 AND  NEW  YORK  STATE LABELED LIQUOR MANUFACTURED BY EITHER A DISTILLERY
 LICENSED IN NEW YORK STATE OR A FARM DISTILLERY  LICENSED  IN  NEW  YORK
 STATE;
   (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, IN ADDITION TO ANY FOOD  ITEMS  OR  OTHER  PERMITTED
 ITEMS,  at  retail for consumption on the premises, wine, cider and wine
 products manufactured by the licensee and any  New  York  state  labeled
 wine,  New York state labeled cider or New York state labeled wine prod-
 uct. 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 arti-
 cle four of this chapter to sell other alcoholic beverages at retail for
 consumption on the premises  at  such  establishment.    THE  PRIVILEGES
 CONTAINED IN PARAGRAPHS (E), (F), (G) AND (H) OF SUBDIVISION SIX OF THIS
 S. 1185                             3
 
 SECTION  SHALL  NOT  EXTEND  TO  THE  PREMISES OF A RESTAURANT, HOTEL OR
 CATERING ESTABLISHMENT.
   § 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a
 of the alcoholic beverage control law, paragraphs (e) and (f) as amended
 by  chapter  571  of the laws of 2008, paragraph (g) as added by chapter
 108 of the laws of 2012 and paragraph (h) as amended by chapter  384  of
 the laws of 2013, are amended to read as follows:
   (e)  Sell  for  consumption  ON  OR off the LICENSED premises New York
 state labelled liquors manufactured by the holder of a class  A-1,  B-1,
 or C distiller's license.
   (f)  Conduct  tastings  ON  THE  LICENSED  PREMISES  of New York state
 labelled liquors manufactured by the holder of a class A-1,  B-1,  or  C
 distiller's  license OR BY A FARM DISTILLERY LICENSED IN NEW YORK STATE.
 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.
   (g) Conduct tastings of and sell at retail for consumption ON  OR  off
 the  LICENSED  premises  New  York  state  labelled beer manufactured by
 EITHER a [licensed] brewer LICENSED IN NEW YORK STATE or A farm  brewery
 LICENSED IN NEW YORK STATE.
   (h)  Conduct  tastings of and sell at retail for consumption ON OR off
 the LICENSED premises New York state labelled cider manufactured by  [a]
 ANY  OF  THE  FOLLOWING  SO  LONG AS IT IS licensed IN NEW YORK STATE: A
 brewer LICENSED IN NEW YORK STATE, [licensed] A farm brewery LICENSED IN
 NEW YORK STATE, A  WINERY,  [licensed]  farm  winery,  [licensed]  cider
 producer or [licensed] farm cidery.
   § 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c
 of the alcoholic beverage control law, paragraph (f) as amended by chap-
 ter  431  of the laws of 2014 and paragraphs (h), (i) and (j) as amended
 by chapter 327 of the laws of 2016, are amended to read as follows:
   (f) (i) IF at the licensed premises, [conduct] THE  LICENSEE  CONDUCTS
 tastings of, [and sell] OR SELLS at retail for consumption on or off the
 licensed  premises,  any  cider  manufactured by the licensee or any New
 York state labeled cider, OR ANY ALCOHOLIC BEVERAGE FOR  CONSUMPTION  ON
 THE  LICENSED  PREMISES  PURSUANT  TO PARAGRAPH (G), (H), (I), OR (J) OF
 THIS SUBDIVISION THE LICENSEE SHALL REGULARLY KEEP  FOOD  AVAILABLE  FOR
 SALE OR SERVICE TO ITS RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES.
 Provided, [however,] FURTHER 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:  (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 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. All of the  provisions  of  this  chapter
 relative to licensees selling cider at retail shall apply; and
   (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, IN ADDITION TO ANY FOOD ITEMS OR OTHER PERMITTED
 ITEMS,  at  retail  for consumption on the premises, ONLY cider manufac-
 tured by the licensee and any New York state labeled cider. All  of  the
 provisions  of  this  chapter  relative to licensees to selling cider at
 retail shall apply. Notwithstanding any  other  provision  of  law,  the
 S. 1185                             4
 
 licensed farm cidery 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,  BUT  THE  PRIVILEGES  CONTAINED  IN
 PARAGRAPH  (G), (H), (I), OR (J) OF THIS SUBDIVISION SHALL NOT EXTEND TO
 THE PREMISES OF THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
   (h) conduct tastings of and sell at retail for consumption on  or  off
 the  premises  New  York state labeled beer manufactured by [a licensed]
 EITHER A brewery LICENSED IN NEW YORK STATE or [licensed] A farm brewery
 LICENSED IN NEW YORK STATE;
   (i) conduct tastings of and sell at retail for consumption on  or  off
 the  LICENSED  premises  New  York  state  labelled wine manufactured by
 EITHER a [licensed] winery LICENSED IN NEW YORK STATE  or  [licensed]  A
 farm winery LICENSED IN NEW YORK STATE;
   (j)  conduct  tastings of and sell at retail for consumption on or off
 the premises New York state labelled liquor manufactured by [a licensed]
 EITHER A distiller LICENSED IN NEW  YORK  STATE  or  [licensed]  A  farm
 distiller LICENSED IN NEW YORK STATE; 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
   § 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of  subdivi-
 sion  2 of section 51-a of the alcoholic beverage control law, paragraph
 (e) as amended by chapter 328 of the laws of 2016, paragraphs (f),  (h),
 (i),  (k) and (l) as added by chapter 108 of the laws of 2012, paragraph
 (g) as amended by chapter 431 of the laws of 2014 and paragraph  (j)  as
 added  and  paragraphs  (k)  and (l) as relettered by chapter 384 of the
 laws of 2013, are amended to read as follows:
   (e) [sell at the licensed premises beer and cider manufactured by  the
 licensee  or any other licensed farm brewery, and wine and spirits manu-
 factured by any licensed farm winery or farm distillery, at  retail  for
 consumption  on  or  off  the  licensed premises] (I) SELL AT RETAIL FOR
 CONSUMPTION ON OR OFF THE LICENSED PREMISES  BEER  MANUFACTURED  BY  THE
 LICENSEE, OR NEW YORK STATE LABELLED BEER MANUFACTURED BY EITHER A BREW-
 ER  LICENSED  IN  NEW  YORK STATE OR A FARM BREWERY LICENSED IN NEW YORK
 STATE;
   (II) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON  OR
 OFF  THE  LICENSED  PREMISES  CIDER MANUFACTURED BY THE LICENSEE, OR NEW
 YORK STATE LABELLED CIDER MANUFACTURED BY EITHER A  CIDERY  LICENSED  IN
 NEW YORK STATE OR A FARM CIDERY LICENSED IN NEW YORK STATE;
   (III) TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF  THE  LICENSED PREMISES NEW YORK STATE LABELLED WINE MANUFACTURED BY
 EITHER A WINERY LICENSED IN NEW YORK STATE OR A FARM WINERY LICENSED  IN
 NEW YORK STATE; AND
   (IV)  TO CONDUCT TASTINGS OF, AND SELL AT RETAIL FOR CONSUMPTION ON OR
 OFF THE LICENSED PREMISES NEW YORK STATE LABELLED  SPIRITS  MANUFACTURED
 BY  EITHER  A DISTILLERY LICENSED IN NEW YORK STATE OR A FARM DISTILLERY
 LICENSED IN NEW YORK STATE; PROVIDED, HOWEVER, THAT NO CONSUMER  MAY  BE
 PROVIDED,  DIRECTLY  OR  INDIRECTLY: (A) WITH 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;
   (f) [conduct tastings at the licensed premises of beer and cider manu-
 factured 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  manufactured  by the licensee and any New York state labeled beer
 S. 1185                             5
 or New York state labeled cider. 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.
 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] AT THE LICENSED PREMISES, CONDUCT  TASTINGS  OF  ANY
 BEER MANUFACTURED BY THE LICENSEE OR ANY NEW YORK STATE LABELED BEER, OR
 ANY  ALCOHOLIC  BEVERAGE  FOR CONSUMPTION LICENSED PURSUANT TO PARAGRAPH
 (E) OF THIS SUBDIVISION. PROVIDED HOWEVER, THE LICENSEE SHALL  REGULARLY
 KEEP  FOOD  AVAILABLE  FOR  SALE  OR SERVICE TO ITS RETAIL CUSTOMERS FOR
 CONSUMPTION ON THE PREMISES.  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 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 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 CIDER AT RETAIL SHALL  APPLY;  AND
 (III) OPERATE A RESTAURANT, HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD
 AND  DRINKING  ESTABLISHMENT IN OR ADJACENT TO THE LICENSED PREMISES AND
 SELL AT SUCH PLACE, IN ADDITION TO ANY FOOD  ITEMS  OR  OTHER  PERMITTED
 ITEMS,  AT  RETAIL  FOR CONSUMPTION ON THE PREMISES, ONLY CIDER MANUFAC-
 TURED BY THE LICENSEE AND ANY NEW YORK STATE LABELED CIDER. ALL  OF  THE
 PROVISIONS  OF  THIS  CHAPTER  RELATIVE TO LICENSEES TO SELLING CIDER AT
 RETAIL SHALL APPLY.   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, BUT THE PRIVILEGES  CONTAINED  IN
 PARAGRAPH  (E)  OF  THIS SUBDIVISION SHALL NOT EXTEND TO THE PREMISES OF
 THE RESTAURANT, HOTEL, OR CATERING ESTABLISHMENT;
   [(h)] (G) sell beer and cider manufactured  by  the  licensee  or  any
 other  [licensed]  farm brewery LICENSED IN NEW YORK STATE 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; AND
   [(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;
   (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;
   (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 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
   (l)] (H) 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
 S. 1185                             6
 
 particular businesses on the community and area in the vicinity  of  the
 farm brewery licensee.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.