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Alcoholic Beverage Control Law

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Article 4A - Alcoholic Beverage Control Law

SPECIAL PROVISIONS RELATING TO CIDER

Section Description
58 Cider producers` or wholesalers` license.
58-A Sale of cider by wholesale beer licensees.
58-B Retail sale of cider by wholesale licensees.
58-C Farm cidery license.
59 Authorization for sale of cider by retail licensees.
59-A Cider tasting.
  S 58. Cider producers` or wholesalers` license. 1. Any person may
apply to the liquor authority for a  cider  producers'  or  wholesalers'
license  as  provided for in this subdivision. Such application shall be
in writing and shall contain such information as  the  liquor  authority
shall require. Such application shall be accompanied by a check or draft
for  the  amount  required  by this subdivision for such license. If the
liquor authority shall grant the application it shall issue a license in
such form as shall be determined by its rules. A  license  issued  under
this  subdivision  shall  authorize  the  licensee  to manufacture cider
within the licensed premises in this state for sale in bottles,  barrels
or  casks  to beer, wine and liquor retail licensee and/or to sell cider
at wholesale from the licensed premises to such licensees and to holders
of licenses under this section in bottles, barrels or casks and to  sell
and  deliver  cider to persons outside the state pursuant to the laws of
the place of such sale or delivery. The annual fee for  such  a  license
shall  be  one  hundred twenty-five dollars; provided, however, that the
annual fee for a farm cidery license shall be seventy-five dollars.  The
provisions  contained in section sixty-seven of this chapter shall apply
to all licenses issued pursuant to this article.
  2. (a) Any person licensed pursuant to subdivision one of this section
may conduct  cider  tastings  of  New  York  state  labelled  ciders  in
establishments  licensed pursuant to section sixty-three of this chapter
to sell alcoholic beverages for  off-premises  consumption.  Such  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 such
tastings.
  (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 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
limitations:
  (i)   cider   tastings  shall  be  conducted  by  an  official  agent,
representative  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
accordance  with  the  provisions  of  sections 11-100 and 11-101 of the
general  obligations  law,  shall  accrue  to  the  cider  producer   or
wholesaler licensee.
  3.  Notwithstanding  any  provision of this chapter to the contrary, a
licensed cider wholesaler may apply to the liquor authority for a permit
to sell New York state labelled cider by the bottle  and  conduct  cider
tastings  at  the  state fair, at recognized county fairs and at farmers
markets operated on a not-for-profit  basis.  As  a  condition  of  such
permit,  an agent, representative or solicitor from the cider wholesaler
shall be present at the time of sale or tastings.
  3-a. A licensed cider producer producing New York state labelled cider
may:
  (a) sell such cider to licensed farm distillers, farm  wineries,  farm
cideries  and  farm breweries. 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;
  (b) conduct tastings at the licensed premises of such cider;
  (c)  sell such cider 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;
  (d)  sell and conduct tastings of such cider at retail for consumption
on the premises  of  a  restaurant,  conference  center,  inn,  bed  and
breakfast  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;
  (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
necessary.  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
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 licensee.
  (f) if it holds a tasting permit issued pursuant to paragraph  (e)  of
this  subdivision,  apply  to  the  authority  for a permit to sell such
cider, for  consumption  off  the  premises,  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.
  4. Notwithstanding any provision of this chapter to the contrary,  any
one  or  more  cider producer or wholesaler licensee, singly or jointly,
may apply to the liquor authority for a  license  or  licenses  to  sell
cider  at  retail for consumption off the premises. The duration of such
license shall be coextensive with the duration of such licensee's  cider
producer  or  wholesaler  license,  and  the  fee  therefor shall be six
hundred forty dollars if such  retail  premises  is  located  in  cities
having  a  population of one million or more; in cities having less than
one million population and more than one hundred thousand, three hundred
twenty dollars; and elsewhere, the sum of  one  hundred  sixty  dollars.
Such  license  shall  entitle  the  holder thereof to sell at retail for
consumption off the premises any New York  state  labelled  cider.  Such
license  shall also entitle the holder thereof to conduct cider tastings
on such licensed premises and charge for such tastings.  Not  more  than
five  such  licenses  shall  be issued to any licensed cider producer or
wholesaler. All other provisions of this chapter relative to licenses to
sell cider at retail for consumption off the premises shall apply so far
as applicable to  such  application.  The  liquor  authority  is  hereby
authorized to adopt such rules as it may deem necessary to carry out the
purpose  of this subdivision, provided that all licenses issued pursuant
to this subdivision shall be subject to the same rules  and  regulations
as are applicable to the sale of cider at retail for consumption off the
premises of the cider producer or wholesaler licensee.
  5.  A cider producer shall manufacture at least fifty gallons of cider
annually.

  S 58-a. Sale of cider by wholesale beer licensees.  A wholesale beer
licensee, as defined under this chapter shall, upon the payment of an
additional annual license fee of one hundred twenty-five dollars, be
permitted to sell cider as defined under this chapter at wholesale from
duly licensed premises, to duly licensed beer, wine and liquor retailers
and to other holders of licenses under this chapter, in bottles, barrels
or casks, and to sell and deliver cider to persons outside the state
pursuant to the laws of the place of such delivery.  The provisions of
section fifty-seven shall apply to licenses issued hereunder to sell
cider at wholesale pursuant to the provisions of this section.

  S 58-b. Retail sale of cider by wholesale licensees. 1.
Notwithstanding any other law upon payment to the liquor authority of an
additional annual fee of one hundred twenty-five dollars, the liquor
authority may in its discretion and upon such terms and conditions as it
may prescribe, issue to a licensed cider producer upon application
therefor a certificate authorizing such producer to sell cider at retail
in sealed containers to a householder for consumption in his home, but
no sale to such householder shall be in quantities aggregating more than
fifteen gallons. Revenues received by any such licensed cider producer
from the sale of cider at retail to householders under such a
certificate during the term thereof shall not exceed five per centum of
all the revenues derived by such licensee from the sale of apples and
cider during such term.
  2. No retail licensee of cider authorized by this section shall keep
or permit to be kept upon the licensed premises, any cider in any
unsealed bottle or other unsealed container, except for the purpose of
cider tasting or sampling by any person pursuant to authorization to
conduct such a sampling or tasting pursuant to subdivision two of
section fifty-eight of this article, except to those persons to whom
sales are prohibited in section sixty-five of this chapter.

   S 58-c. Farm  cidery  license.  1.  Any  person  may  apply to the
  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  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;
    (d)  sell  at the licensed premises cider manufactured by the licensee
  or any other licensed farm cidery at retail for consumption  on  or  off
  the licensed premises;
    (e) conduct tastings at the licensed premises of cider manufactured by
  the licensee or any other licensed farm cidery;
    (f) sell and conduct tastings of cider manufactured by the licensee or
  any other licensed farm cidery at retail for consumption on the premises
  of  a  restaurant,  conference  center,  inn, bed and breakfast 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;
    (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 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 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  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;
  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,  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,
  home cider-making kits, filters, bottling equipment, 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. No farm cidery shall manufacture in excess of  one  hundred  fifty
  thousand 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.

  S 59. Authorization for sale of cider by retail licensees.  Each
retail licensee under this chapter shall have the right, by virtue of
his license and without being required to pay any additional fee for the
privilege, to sell at retail for consumption on or off the premises, as
the case may be, cider purchased from a person licensed to produce or
sell cider at wholesale under this chapter.

 S 59-a. Cider  tasting. 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
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 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 section one hundred five and one hundred  five-a  of  this
chapter.
  (e)  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)  No person under the age of twenty-one shall be permitted to serve
a sample or handle an open container of cider.

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Alcoholic Beverage Control Law | Law Terms Defined | F.A.Q.'s | Law Spelling Guide
01 (1-3) | 02 (10-19) | 04 (50-57a) | 04-A (58-59) | 05 (60-67) | 06 (75-85) | 07 (90-99g) | 08 (100-131) | 09 (140-147) | 10 (150-155) | 11 (160-164)

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