Alcoholic Beverage Control - Special Provisions Relating to Mead and Braggot - Farm meadery license


Published: 2019-03-29

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§ 31. Farm meadery license. 1. Any person may apply to the authority
for a farm meadery license as provided for in this section to produce
mead and braggot 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 in the amount of seventy-five dollars. 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 mead and braggot
in the premises therein specifically licensed.

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

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

(c) sell mead and braggot manufactured by the licensee to wholesalers
and retailers licensed in this state to sell such mead and braggot
pursuant to section thirty-three of this article, licensed farm
distillers, licensed farm wineries, licensed wineries, licensed farm
breweries and any other licensed farm meadery. 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;

(d) (i) at the licensed premises, conduct tastings of, and sell at
retail for consumption on or off the licensed premises, any mead and
braggot manufactured by the licensee or any New York state labelled mead
or New York state labelled braggot. 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 mead and
braggot 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, mead
and braggot manufactured by the licensee and any New York state labelled
mead or New York state labeled braggot. All of the provisions of this
chapter relative to licensees to selling mead and braggot at retail
shall apply. Notwithstanding any other provision of law, the licensed
farm meadery 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;

(e) sell mead and braggot manufactured by the licensee or any other
licensed farm meadery 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;

(f) 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;

(g) 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;

(h) 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;
and

(i) 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 meadery licensee.

3. (a) A farm meadery licensee may apply for a permit to conduct
tastings away from the licensed premises of mead and braggot 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 meaderies. 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 farm meadery.

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

5. A licensed farm meadery may, under such rules as may be adopted by
the authority, sell mead and braggot manufactured by the licensee or any
other licensed farm meadery 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 meadery 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, conducted, and operated by the licensee in or
adjacent to its farm meadery. 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 meadery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as honey,
mustards, sauces, jams, jellies, mulling spices and other mead 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 mead and braggot. 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 mead and braggot
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 mead and/or braggot related products;

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

(e) mead-making and braggot-making equipment and supplies including,
but not limited to, honey, home mead-making kits, braggot-making kits,
pumps, filters, yeasts, chemicals and other mead and braggot additives,
bottling equipment, bottles, mead and braggot storage and fermenting
vessels, barrels, and books or other written material to assist
mead-makers and braggot-makers and home mead-makers and braggot-makers
to produce and bottle mead and braggot;

(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 meadery 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 meadery. Such
locations shall be considered part of the licensed premises and all
activities allowed at and limited to the farm meadery 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 meadery shall manufacture in excess of two hundred
fifty thousand gallons of mead and/or braggot annually.

(b) A licensed farm meadery shall produce at least fifty gallons of
mead and/or braggot annually.

11. 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 mead producer for the purposes of alternation.

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

13. 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 mead and braggot production and of tourism in New
York, thereby promoting the conservation, production and enhancement of
New York state agricultural lands.