Alcoholic Beverage Control - Special Provisions Relating to Mead and Braggot - Mead producers' license


Published: 2019-03-29

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§ 30. Mead producers' license. 1. Any person may apply to the liquor
authority for a mead producers' license as provided for in this section.
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 mead and braggot within the licensed
premises in this state for sale in bottles, barrels or casks to beer,
wine and liquor retail licensees pursuant to section thirty-two of this
article and to sell and deliver mead and braggot 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 meadery 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 mead tastings of New York state labelled meads in
establishments licensed pursuant to section sixty-three of this chapter
to sell alcoholic beverages for off-premises consumption. Such mead
producer or wholesaler may charge a fee of not more than twenty-five
cents for each mead 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 tastings of New York state labelled mead and New York state
labeled braggot and apply to the liquor authority for a permit to sell
mead and braggot produced by such mead 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 mead producer may charge a fee of not
more than twenty-five cents for each mead or braggot sample tasted. The
liquor authority shall promulgate rules and regulations relating to the
conduct of tastings.

(c) Mead and braggot tastings shall be conducted subject to the
following limitations:

(i) mead and braggot tastings shall be conducted by an official agent,
representative or solicitor of one or more mead 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
mead and/or braggot 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 mead producer or
wholesaler licensee.

3. A licensed mead producer producing New York state labelled mead
and/or New York state labelled braggot may:

(a) sell such mead and braggot to licensed farm distillers, farm
wineries, farm cideries and farm breweries. All such mead and braggot
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 mead and braggot
or any other New York state labeled mead or braggot;

(c) sell such mead and braggot 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 mead and braggot 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 meadery. 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 mead at retail for consumption on the
premises;

(e) apply for a permit to conduct tastings away from the licensed
premises of such mead and braggot. 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 mead or braggot 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 mead,
for consumption off the premises, during such tastings in premises
licensed under section sixty-four or sixty-four-a of this chapter; or
apply to the authority for a permit to sell such mead and/or braggot at
a premises licensed under section eighty-one or 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. A mead producer shall manufacture at least fifty gallons of mead
and/or braggot annually.