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This entry was published on 2017-05-19
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SECTION 52
Custom beermakers' center
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 4
§ 52. Custom beermakers' center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom beermakers' center license as provided for in this section to
operate a custom beermakers' center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
beer making supplies for the production of beer by such individuals for
personal household use and not for resale in accordance with state and
federal laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of a license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to operate such center to manufacture beer for
personal household use in the premises therein specifically licensed.

2. For the purposes of this section, "beer making supplies" shall mean
hops, grains, malted grains, wort, sugars, yeasts, water, fruits, fruit
juices, and other agricultural products including, but not limited to,
honey and flowers, that are grown or produced in the state of New York,
in quantity amounts as determined by the authority and shall be governed
by paragraph (b) of subdivision eleven of section fifty-one-a of this
article.

3. A custom beermakers' center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase beer making
supplies to manufacture beer for personal household use provided that
the manufacture and production of beer for personal household
consumption and use is done in accordance with state and federal laws
and regulations. Such a license shall also authorize the licensee,
provided such activities are permitted by the federal Alcohol and
Tobacco Tax and Trade Bureau for the manufacture of tax exempt beer for
personal household use, to:

(a) conduct training classes on how to manufacture beer; and

(b) conduct beer tastings for those individuals taking such classes
and/or using such facility for brewing purposes at the licensed facility
provided that the tastings shall be subject to the following
limitations:

(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or agent shall be physically
present at all times during the conduct of the tastings; and

(ii) any liability stemming from a right of action resulting from a
tasting of beer as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the custom beermakers' center.

4. The custom beermakers' center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade
Bureau.

5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility's hours of
operations.

6. The annual aggregate production of beer at any such center for all
individuals making beer at such premises, pursuant to a custom
beermakers' center license, shall not exceed the production limits set
by the authority that are commensurate with a non-commercial production
facility. Provided that such aggregate production limit shall not be
offset by beer produced at such facility under a brewer's license or
farm brewery license.

7. Notwithstanding any other provision of this chapter, the authority
may issue a custom beermakers' center license to the holder of a farm
brewery or brewery license for use at such licensee's existing licensed
premises.

8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.

9. The licensee must maintain a record of the name, address, and
contact information of the individuals that have used such facility and
the annual amount of beer produced by each individual at the facility
pursuant to the rules of the authority.