Bill Text: NY A07550 | 2015-2016 | General Assembly | Introduced
Bill Title: Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-06 - referred to economic development [A07550 Detail]
Download: New_York-2015-A07550-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7550
2015-2016 Regular Sessions
I N A S S E M B L Y
May 18, 2015
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
promoting economic development by expanding products sold by farm
cideries and authorizing such cideries to sell cider to other licen-
sees for resale
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3-a of section 58 of the alcoholic beverage
2 control law, as added by chapter 384 of the laws of 2013, is amended to
3 read as follows:
4 3-a. A licensed cider producer producing New York state labelled cider
5 may:
6 (a) sell such cider OR ANY NEW YORK STATE LABELED CIDER to licensed
7 farm distillers, farm wineries, WINERIES, farm cideries [and], CIDERIES
8 AND farm breweries. All such cider sold by the licensee shall be
9 securely sealed and have attached thereto a label as shall be required
10 by section one hundred seven-a of this chapter;
11 (b) conduct tastings at the licensed premises of such cider OR ANY NEW
12 YORK STATE LABELED CIDER;
13 (c) sell such cider OR ANY NEW YORK STATE LABELED CIDER at retail for
14 consumption off the premises at the state fair, at recognized county
15 fairs and at farmers markets operated on a not-for-profit basis;
16 (d) sell and conduct tastings of such cider OR ANY NEW YORK STATE
17 LABELED CIDER at retail for consumption on the premises of a restaurant,
18 conference center, inn, bed and breakfast or hotel business owned and
19 operated by the licensee in or adjacent to its farm cidery. A licensee
20 who operates a restaurant, conference center, inn, bed and breakfast or
21 hotel pursuant to such authority shall comply with all applicable
22 provisions of this chapter which relate to licenses to sell cider at
23 retail for consumption on the premises;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11092-01-5
A. 7550 2
1 (e) apply for a permit to conduct tastings away from the licensed
2 premises of such cider OR ANY NEW YORK STATE LABELED CIDER. Such permit
3 shall be valid throughout the state and may be issued on an annual basis
4 or for individual events. Each such permit and the exercise of the priv-
5 ilege granted thereby shall be subject to such rules and conditions of
6 the authority as it deems necessary. Tastings shall be conducted subject
7 to the following conditions:
8 (i) tastings shall be conducted by an official agent, representative
9 or solicitor of the licensee. Such agent, representative or solicitor
10 shall be physically present at all times during the conduct of the tast-
11 ings; and
12 (ii) any liability stemming from a right of action resulting from a
13 tasting of cider as authorized [herein] IN THIS PARAGRAPH and in accord-
14 ance with the provisions of sections 11-100 and 11-101 of the general
15 obligations law, shall accrue to the licensee.
16 (f) if it holds a tasting permit issued pursuant to paragraph (e) of
17 this subdivision, apply to the authority for a permit to sell such cider
18 OR ANY NEW YORK STATE LABELED CIDER, for consumption off the premises,
19 during such tastings in premises licensed under sections sixty-four,
20 sixty-four-a, eighty-one and eighty-one-a of this chapter. Each such
21 permit and the exercise of the privilege granted thereby shall be
22 subject to such rules and conditions of the authority as it deems neces-
23 sary.
24 S 2. Paragraphs (c) and (g) of subdivision 2 of section 58-c of the
25 alcoholic beverage control law, as added by chapter 384 of the laws of
26 2013, are amended to read as follows:
27 (c) sell cider manufactured by the licensee OR ANY NEW YORK STATE
28 LABELED CIDER to wholesalers and retailers licensed in this state to
29 sell such cider, TO licensed farm distillers, licensed farm wineries,
30 LICENSED WINERIES, licensed farm breweries, and any other licensed farm
31 cidery OR LICENSED CIDERY. All such cider sold by the licensee shall be
32 securely sealed and have attached thereto a label as shall be required
33 by section one hundred seven-a of this chapter;
34 (g) sell cider manufactured by the licensee or any other licensed farm
35 cidery, OR ANY NEW YORK STATE LABELED CIDER at retail for consumption
36 off the premises, at the state fair, at recognized county fairs and at
37 farmers markets operated on a not-for-profit basis;
38 S 3. Subdivision 5 of section 58-c of the alcoholic beverage control
39 law, as added by chapter 384 of the laws of 2013, is amended to read as
40 follows:
41 5. A licensed farm cidery may, under such rules as may be adopted by
42 the authority, sell cider manufactured by the licensee or any other
43 licensed farm cidery, OR ANY NEW YORK STATE LABELED CIDER at retail in
44 bulk by the keg, cask or barrel for consumption and not for resale at a
45 clam-bake, barbeque, picnic, outing or other similar outdoor gathering
46 at which more than fifty persons are assembled.
47 S 4. Paragraphs (b) and (e) of subdivision 7 of section 58-c of the
48 alcoholic beverage control law, as added by chapter 384 of the laws of
49 2013, are amended to read as follows:
50 (b) food items for the purpose of complementing cider tastings, which
51 shall mean a diversified selection of food that is ordinarily consumed
52 without the use of tableware and can be conveniently consumed while
53 standing or walking. Such food items shall include but not be limited
54 to: cheeses, fruits, vegetables, chocolates, breads, BAKED GOODS,
55 mustards and crackers;
A. 7550 3
1 (e) cider-making equipment and supplies including, but not limited to,
2 APPLES, APPLE JUICE, OTHER POME FRUITS, OTHER POME FRUIT JUICES, home
3 cider-making kits, PRESSES, PUMPS, filters, YEASTS, CHEMICALS AND OTHER
4 CIDER ADDITIVES, bottling equipment, BOTTLES, CIDER STORAGE AND FERMENT-
5 ING VESSELS, BARRELS, and books or other written material to assist
6 cider-makers and home cider-makers to produce and bottle cider;
7 S 5. Subdivision 2 of section 76 of the alcoholic beverage control law
8 is amended by adding a new paragraph (d-1) to read as follows:
9 (D-1) TO SELL FROM THE LICENSED PREMISES TO LICENSED FARM DISTILLERS,
10 FARM WINERIES, WINERIES, FARM CIDERIES, CIDERIES AND FARM BREWERS ANY
11 NEW YORK STATE LABELED CIDER. ALL SUCH CIDER SHALL BE SECURELY SEALED
12 AND HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY SECTION ONE
13 HUNDRED SEVEN-A OF THIS CHAPTER;
14 S 6. Subdivisions 3, 4 and 5 of section 76 of the alcoholic beverage
15 control law, subdivisions 3 and 5 as amended by chapter 221 of the laws
16 of 2011 and subdivision 4 as amended by chapter 431 of the laws of 2014,
17 are amended to read as follows:
18 3. (a) Any person having applied for and received a license as a
19 winery under this section may conduct wine AND CIDER tastings of New
20 York state labelled wines OR CIDERS in establishments licensed under
21 sections sixty-three and seventy-nine of this chapter to sell wine for
22 off-premises consumption. Such winery may charge a fee for each wine OR
23 CIDER sample tasted. The state liquor authority shall promulgate rules
24 and regulations regarding such tastings as provided for in this subdivi-
25 sion.
26 (a-1) Any person having applied for and received a license as a winery
27 under this section may conduct wine AND CIDER tastings of New York state
28 labelled wines OR CIDERS and apply to the liquor authority for a permit
29 to sell wine produced by such winery OR ANY NEW YORK STATE LABELED CIDER
30 by the bottle, during such tastings in establishments licensed under
31 section sixty-four, section sixty-four-a, section eighty-one or section
32 eighty-one-a of this chapter to sell wine for consumption on the prem-
33 ises. Such winery may charge a fee of no more than twenty-five cents for
34 each wine OR CIDER sample tasted. The state liquor authority shall
35 promulgate rules and regulations regarding such tastings as provided for
36 in this subdivision.
37 (b) Tastings shall be conducted subject to the following limitations:
38 (i) wine AND CIDER tastings shall be conducted by an official agent,
39 representative or solicitor of one or more wineries. Such agent, repre-
40 sentative or solicitor shall be physically present at all times during
41 the conduct of the tastings; and
42 (ii) any liability stemming from a right of action resulting from a
43 wine OR CIDER tasting as authorized herein and in accordance with the
44 provisions of sections 11-100 and 11-101 of the general obligations law,
45 shall accrue to the winery licensee.
46 (c)(i) Any person having applied for and received a license as a
47 winery under this section may conduct wine AND CIDER tastings of New
48 York state labelled wines OR CIDERS and sell such wine OR CIDER by the
49 bottle, during such tasting, for off-premises consumption at outdoor or
50 indoor gatherings, functions, occasions or events, within the hours
51 fixed by or pursuant to subdivision fourteen of section one hundred five
52 of this chapter, sponsored by a bona fide charitable organization. For
53 the purposes of this paragraph, a bona fide charitable organization
54 shall mean and include any bona fide religious or charitable organiza-
55 tion or bona fide educational, fraternal or service organization or bona
56 fide organization of veterans or volunteer firefighters, which by its
A. 7550 4
1 charter, certificate of incorporation, constitution, or act of the
2 legislature, shall have among its dominant purposes one or more of the
3 lawful purposes as defined in subdivision five of section one hundred
4 eighty-six of the general municipal law.
5 (ii) Upon application, the liquor authority shall issue an annual
6 permit authorizing such winery to participate in outdoor or indoor gath-
7 erings, functions, occasions or events sponsored by a charitable organ-
8 ization. The winery must give the authority written or electronic
9 notice of the date, time and specific location of each tasting at least
10 fifteen days prior to the tasting. A winery that obtains a permit to
11 conduct such wine OR CIDER tastings does not need to apply for or obtain
12 a temporary beer or wine permit pursuant to section ninety-seven of this
13 chapter or any other permit to conduct such a tasting or to sell wine OR
14 CIDER by the bottle for off-premises consumption at such tastings.
15 (iii) Such winery may charge a fee for each wine OR CIDER sample tast-
16 ed. Tastings shall be conducted by an official agent, representative or
17 solicitor of such winery. The state liquor authority may promulgate
18 rules and regulations regarding such tastings as provided for in this
19 subdivision.
20 4. A licensed winery may at the licensed premises, conduct tastings
21 of, and sell at retail for consumption on or off the licensed premises,
22 any wine or wine product manufactured by the licensee or any New York
23 state labeled wine or New York state labeled wine product OR ANY NEW
24 YORK STATE LABELED CIDER. Provided, however, for tastings and sales for
25 on-premises consumption, the licensee shall regularly keep food avail-
26 able for sale or service to its retail customers for consumption on the
27 premises. A licensee providing the following shall be deemed in compli-
28 ance with this provision: (i) sandwiches, soups or other such foods,
29 whether fresh, processed, pre-cooked or frozen; and/or (ii) food items
30 intended to complement the tasting of alcoholic beverages, which shall
31 mean a diversified selection of food that is ordinarily consumed without
32 the use of tableware and can be conveniently consumed while standing or
33 walking, including but not limited to: cheeses, fruits, vegetables,
34 chocolates, breads, mustards and crackers. All of the provisions of this
35 chapter relative to licenses to sell wine at retail for consumption on
36 or off the premises shall apply so far as applicable to such licensee.
37 5. Notwithstanding any provision of this chapter to the contrary, any
38 one or more winery licensees, singly or jointly, may apply to the liquor
39 authority for a license or licenses to sell wine AND ANY NEW YORK STATE
40 LABELED CIDER at retail for consumption off the premises. For licensees
41 applying singly, the duration of such license shall be coextensive with
42 the duration of such licensee's winery license, and the fee therefor
43 shall be five hundred dollars if such retail premises is located in
44 cities having a population of one million or more; in cities having less
45 than one million population and more than one hundred thousand, two
46 hundred fifty dollars; and elsewhere, the sum of one hundred twenty-five
47 dollars. Such license shall entitle the holder thereof to sell at retail
48 for consumption off the premises any New York state labelled wine OR
49 CIDER. Such license shall also entitle the holder thereof to conduct
50 wine AND CIDER tastings. Such license shall also authorize the sale by
51 the holder thereof of New York state labelled wine OR CIDER, in sealed
52 containers for off-premises consumption, from the specially licensed
53 premises of any person licensed pursuant to section eighty-one-a of this
54 article to sell wine at retail for consumption on premises in which the
55 principal business is the operation of a legitimate theater or such
56 other lawful adult entertainment or recreational facility as the liquor
A. 7550 5
1 authority may classify for eligibility pursuant to subdivision six of
2 section sixty-four-a of this chapter. Not more than five such licenses
3 shall be issued, either singly or jointly, to any licensed winery. All
4 other provisions of this chapter relative to licenses to sell wine at
5 retail for consumption off the premises shall apply so far as applicable
6 to such application. The liquor authority is hereby authorized to adopt
7 such rules as it may deem necessary to carry out the purpose of this
8 subdivision, provided that all licenses issued pursuant to this subdivi-
9 sion shall be subject to the same rules and regulations as are applica-
10 ble to the sale of wine at retail for consumption off the premises of
11 the winery licensee.
12 S 7. Subdivisions 2 and 3 of section 76-a of the alcoholic beverage
13 control law, as added by chapter 221 of the laws of 2011, paragraph (c)
14 of subdivision 2 as amended by chapter 384 of the laws of 2013, para-
15 graph (f) of subdivision 2 as amended by chapter 431 of the laws of
16 2014, are amended to read as follows:
17 2. A farm winery license shall authorize the holder thereof to:
18 (a) operate a farm winery for the manufacture of wine or cider at the
19 premises specifically designated in the license;
20 (b) sell in bulk from the licensed premises the products manufactured
21 under such license OR ANY NEW YORK STATE LABELED CIDER to any winery
22 licensee, any other farm winery licensee, any distiller licensee or to a
23 permittee engaged in the manufacture of products which are unfit for
24 beverage use and to sell or deliver such wine OR CIDER to persons
25 outside the state pursuant to the laws of the place of such sale or
26 delivery;
27 (c) sell from the licensed premises to a licensed winery, farm distil-
28 ler, farm brewery, farm cidery, wholesaler or retailer, or to a corpo-
29 ration operating railroad cars or aircraft for consumption on such
30 carriers, or at retail for consumption off the premises, wine or cider
31 manufactured by the licensee OR ANY NEW YORK STATE LABELED CIDER as
32 above set forth and to sell or deliver such wine or cider to persons
33 outside the state pursuant to the laws of the place of such sale or
34 delivery. All wine or cider sold by such licensee for consumption off
35 the premises shall be securely sealed and have attached thereto a label
36 setting forth such information as shall be required by this chapter;
37 (d) operate, or use the services of, a custom crush facility as
38 defined in subdivision nine-a of section three of this chapter;
39 (e) sell cider and wine at retail for consumption on or off the prem-
40 ises;
41 (f) operate a restaurant, hotel, catering establishment, or other food
42 and drinking establishment in or adjacent to the licensed premises and
43 sell at such place, at retail for consumption on the premises, wine,
44 cider and wine products manufactured by the licensee and any New York
45 state labeled wine, New York state labeled cider or New York state
46 labeled wine product. All of the provisions of this chapter relative to
47 licenses to sell wine at retail for consumption on the premises shall
48 apply so far as applicable to such licensee. Notwithstanding any other
49 provision of law, the licensed winery may apply to the authority for a
50 license under article four of this chapter to sell other alcoholic
51 beverages at retail for consumption on the premises at such establish-
52 ment.
53 3. (a) Any person having applied for and received a license as a farm
54 winery under this section may conduct wine AND CIDER tastings of New
55 York state labelled wines AND CIDERS in establishments licensed under
56 section sixty-three of this chapter and section seventy-nine of this
A. 7550 6
1 article to sell wine OR ANY NEW YORK STATE LABELED CIDER for off-premis-
2 es consumption. Such farm winery may charge a fee for each wine OR CIDER
3 sample tasted. The state liquor authority shall promulgate rules and
4 regulations regarding such tastings as provided for in this subdivision.
5 (b) Any person having applied for and received a license as a farm
6 winery under this section may conduct wine AND CIDER tastings of New
7 York state labelled wines AND CIDERS and apply to the liquor authority
8 for a permit to sell wine produced by such farm winery OR ANY NEW YORK
9 STATE LABELED CIDER, by the bottle, during such tastings in establish-
10 ments licensed under sections sixty-four and sixty-four-a of this chap-
11 ter and section eighty-one or section eighty-one-a of this article to
12 sell wine for consumption on the premises. Such farm winery may charge a
13 fee of no more than twenty-five cents for each wine OR CIDER sample
14 tasted. The state liquor authority shall promulgate rules and regu-
15 lations regarding such tastings as provided for in this subdivision.
16 (c) Tastings shall be conducted subject to the following limitations:
17 (i) wine OR CIDER tastings shall be conducted by an official agent,
18 representative or solicitor of one or more farm wineries. Such agent,
19 representative or solicitor shall be physically present at all times
20 during the conduct of the tastings; and
21 (ii) any liability stemming from a right of action resulting from a
22 wine tasting as authorized herein and in accordance with the provisions
23 of sections 11-100 and 11-101 of the general obligations law, shall
24 accrue to the farm winery.
25 (d) (i) Any person having applied for and received a license as a farm
26 winery under this section may conduct wine AND CIDER tastings of New
27 York state labelled wines AND CIDERS and sell such wine OR CIDER by the
28 bottle, during such tasting, for off-premises consumption at outdoor or
29 indoor gatherings, functions, occasions or events, within the hours
30 fixed by or pursuant to subdivision fourteen of section one hundred five
31 of this chapter, sponsored by a bona fide charitable organization. For
32 the purposes of this paragraph, a bona fide charitable organization
33 shall mean and include any bona fide religious or charitable organiza-
34 tion or bona fide educational, fraternal or service organization or bona
35 fide organization of veterans or volunteer firefighters, which by its
36 charter, certificate of incorporation, constitution, or act of the
37 legislature, shall have among its dominant purposes one or more of the
38 lawful purposes as defined in subdivision five of section one hundred
39 eighty-six of the general municipal law.
40 (ii) Upon application, the liquor authority shall issue an annual
41 permit authorizing such farm winery to participate in such outdoor or
42 indoor gatherings, functions, occasions or events sponsored by a chari-
43 table organization. The farm winery must give the authority written or
44 electronic notice of the date, time and specific location of each tast-
45 ing at least fifteen days prior to the tasting. A farm winery that
46 obtains a permit to conduct such wine OR CIDER tastings does not need to
47 apply for or obtain a temporary beer or wine permit pursuant to section
48 ninety-seven of this chapter or any other permit to conduct such a tast-
49 ing or to sell wine OR CIDER by the bottle for off-premises consumption
50 at such tastings.
51 (iii) Such farm winery may charge a fee for each wine OR CIDER sample
52 tasted. Tastings shall be conducted by an official agent, represen-
53 tative or solicitor of such farm winery. The state liquor authority may
54 adopt rules and regulations regarding such tastings as provided in this
55 subdivision.
A. 7550 7
1 S 8. Paragraph (a) of subdivision 7-b of section 3 of the alcoholic
2 beverage control law, as amended by chapter 384 of the laws of 2013, is
3 amended to read as follows:
4 (a) "Cider" means the partially or fully fermented juice of fresh,
5 whole apples or other pome fruits, containing more than three and two-
6 tenths per centum but not more than eight and one-half per centum alco-
7 hol by volume: (i) to which nothing has been added to increase the alco-
8 holic content produced by natural fermentation; and (ii) with the usual
9 cellar treatments and necessary additions to correct defects due to
10 climate, [saccharine] SUGAR levels and seasonal conditions. Nothing
11 contained in this subdivision shall be deemed to preclude the use of
12 such methods or materials as may be necessary to encourage a normal
13 alcoholic fermentation and to make a product that is free of microbi-
14 ological activity at the time of sale. Cider may be sweetened or
15 flavored after fermentation with fruit juice, fruit juice concentrate,
16 sugar, maple syrup, honey, spices or other agricultural products, sepa-
17 rately or in combination. Cider may contain retained or added carbon
18 dioxide.
19 S 9. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law; provided, however, that effective immediate-
21 ly, the addition, amendment and/or repeal of any rule or regulation
22 necessary for the implementation of this act on its effective date are
23 authorized and directed to be made and completed on or before such
24 effective date.
