Alcoholic Beverage Control - Special Provisions Relating to Cider - Cider producers' or wholesalers' license


Published: 2018-02-16

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§ 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 or any
other New York state labeled 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.