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This entry was published on 2017-05-19
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SECTION 58-D
Custom cidermakers' center
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 4-A
§ 58-d. Custom cidermakers' center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom cidermakers' center license as provided for in this section to
operate a custom cidermakers' center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
fruit for the production of cider 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 such 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 cider for
personal household use in the premises therein specifically licensed.

2. For the purposes of this section, "fruit" shall mean fresh, whole
apples or other pome fruits that are grown or produced in the state of
New York.

3. A custom cidermakers' 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 fruit to
manufacture cider for personal household use provided that the
manufacture and production of cider 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 cider for personal
household use, to:

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

(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
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 such center.

4. The custom cidermakers' 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 cider at any such center for all
individuals making cider at such premises, pursuant to a custom
cidermakers' center license, shall not exceed the production limits set
forth by the authority that are commensurate with a non-commercial
production facility. Provided that such aggregate production limit shall
not be offset by cider produced at such facility under a cidery license
or farm cidery license.

7. Notwithstanding any other provision of this chapter, the authority
may issue a custom cidermakers' center license to the holder of a farm
cidery or cidery license or farm winery or winery 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 cider produced by each individual at the facility
pursuant to the rules of the authority.

10. The annual fee for a license to operate a custom cidermakers'
center shall be three hundred twenty dollars.