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SECTION 58-C
Farm cidery license
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 4-A
§ 58-c. Farm cidery license. 1. Any person may apply to the authority
for a farm cidery license as provided for in this section to produce
cider 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 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 produce cider in the
premises therein specifically licensed.

2. A farm cidery license shall authorize the holder thereof to operate
a cidery for the manufacture of New York state labelled cider. Such a
license shall also authorize the licensee to:

(a) sell in bulk cider 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 cider manufactured by the licensee to persons
outside the state pursuant to the laws of the place of such delivery;

(c) sell cider manufactured by the licensee to wholesalers and
retailers licensed in this state to sell such cider, licensed farm
distillers, licensed farm wineries, licensed wineries, licensed farm
breweries and any other licensed farm cidery. All such cider 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;

(f) (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 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
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
(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, cider
manufactured 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 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;

(g) sell cider manufactured by the licensee or any other licensed farm
cidery 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;

(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;

(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;

(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;

(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

(k) 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 cidery licensee.

3. (a) A farm cidery licensee may apply for a permit to conduct
tastings 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,
shall accrue to the farm cidery.

4. A licensed farm cidery holding a tasting permit issued pursuant to
subdivision three of this section may apply to the authority for a
permit to sell cider produced by such farm cidery, 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.

5. A licensed farm cidery may, under such rules as may be adopted by
the authority, sell cider manufactured by the licensee or any other
licensed farm cidery 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 cidery 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 by him and conducted and operated by the licensee
in or adjacent to its farm cidery. All of the provisions of this chapter
relative to licenses to sell beer, liquor or wine at retail or
consumption on the premises shall apply so far as applicable.

7. A farm cidery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as
mustards, sauces, jams, jellies, mulling spices and other cider 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 cider. 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 cider tastings, 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. 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 cider related products;

(d) cider supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of cider or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing cider;

(e) cider-making equipment and supplies including, but not limited to,
apples, apple juice, other pome fruits, other pome fruit juices, home
cider-making kits, presses, pumps, filters, yeasts, chemicals and other
cider additives, bottling equipment, bottles, cider storage and
fermenting vessels, barrels, and books or other written material to
assist cider-makers and home cider-makers to produce and bottle cider;

(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 cidery 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 cidery. Such
locations shall be considered part of the licensed premises and all
activities allowed at and limited to the farm cidery 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
beverages at retail. Prior to commencing operation of any such branch
office, 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 cidery shall manufacture in excess of two hundred
fifty thousand gallons of cider annually.

(b) A licensed farm cidery shall produce at least fifty gallons of
cider annually.

11. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm cidery shall manufacture or sell any cider other than New
York state labelled cider.

(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed much of the apple crop necessary for
producing cider, such commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm cidery to
manufacture or sell cider produced from apples grown outside this state.
No such authorization shall be granted to a farm cidery licensee unless
such licensee certifies to such commissioner the quantity of New York
grown apples unavailable to such licensee due to such natural disaster,
act of God or continuing adverse weather condition and satisfies such
commissioner that reasonable efforts were made to obtain apples from a
New York state source for such cider making purpose. No farm cidery
shall utilize an amount of out-of-state grown apples exceeding the
amount of New York grown apples that such cidery is unable to obtain due
to the destruction of New York grown apples by a natural disaster, act
of God or continuing adverse weather condition as determined by the
commissioner of agriculture and markets pursuant to this subdivision.
For purposes of this subdivision, the department of agriculture and
markets and the authority are authorized to adopt rules and regulations
as they may deem necessary to carry out the provisions of this
subdivision which shall include ensuring that in manufacturing cider
farm cideries utilize apples grown in New York state to the extent they
are reasonably available, prior to utilizing apples from an out-of-state
source for such purpose.

(c) The commissioner of agriculture and markets shall make available
to farm cideries and to the public each specific apple loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.

(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of each year results in any apple crop loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm cideries and to the public the loss
determination issued pursuant to this paragraph prior to October tenth
of each year.

12. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities 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 cider producer for the purposes of alternation.

13. Notwithstanding any other provision of this chapter, the authority
may issue a farm cidery license to the holder of a farm brewery, farm
winery or farm distiller's license for use at such licensee's existing
licensed premises. The holder of a farm brewery, farm winery or farm
distiller's license that simultaneously holds a farm cidery 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.

14. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section. In prescribing
such rules and regulations, the authority shall promote the expansion
and profitability of cider production and of tourism in New York,
thereby promoting the conservation, production and enhancement of New
York state agricultural lands.