Bill Text: NY S01227 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to the licensing of custom beermakers, custom cidermakers and custom winemakers; defines terms; sets fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-11-14 - SIGNED CHAP.422 [S01227 Detail]
Download: New_York-2015-S01227-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1227--B Cal. No. 574 2015-2016 Regular Sessions IN SENATE January 9, 2015 ___________ Introduced by Sens. CARLUCCI, AVELLA, GALLIVAN, LARKIN, PANEPINTO, PARK- ER, SERINO, SEWARD, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the alcoholic beverage control law, in relation to beer centers, cider centers and incubator wine centers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3 of the alcoholic beverage control law is amended 2 by adding three new subdivisions 14-a, 14-b and 14-c to read as follows: 3 14-a. "Custom beermakers' center" means a facility that provides one 4 or more individuals with rental space, the use of equipment and storage 5 facilities, and/or beer making supplies to manufacture beer for personal 6 household use and not for resale in accordance with state and federal 7 laws, rules, and regulations. 8 14-b. "Custom cidermakers' center" means a facility that provides one 9 or more individuals with rental space, the use of equipment and storage 10 facilities, and/or fruit to manufacture cider for personal household use 11 and not for resale in accordance with state and federal laws, rules and 12 regulations. 13 14-c. "Custom winemakers' center" means a facility that provides one 14 or more individuals with rental space, the use of equipment and storage 15 facilities, and/or fruit to manufacture wine for personal household use 16 and not for resale in accordance with state and federal laws, rules and 17 regulations. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03804-16-6S. 1227--B 2 1 § 2. The alcoholic beverage control law is amended by adding a new 2 section 52 to read as follows: 3 § 52. Custom beermakers' center. 1. Any person may apply to the 4 authority on or before December thirty-first, two thousand nineteen for 5 a custom beermakers' center license as provided for in this section to 6 operate a custom beermakers' center facility and provide individuals 7 with rental space, the use of equipment and storage facilities, and/or 8 beer making supplies for the production of beer by such individuals for 9 personal household use and not for resale in accordance with state and 10 federal laws, rules, and regulations authorizing such production. Such 11 application shall be in writing and verified and shall contain such 12 information as the authority shall require, provided, however, the hold- 13 er of a license under this section may renew such license on or after 14 December thirty-first, two thousand nineteen. Such application shall be 15 accompanied by a check or draft for the amount required by this article 16 for such license. If the authority grants the application, it shall 17 issue a license in such form as shall be determined by its rules. Such 18 license shall contain a description of the licensed premises and in form 19 and in substance shall be a license to the person therein specifically 20 designated to operate such center to manufacture beer for personal 21 household use in the premises therein specifically licensed. 22 2. For the purposes of this section, "beer making supplies" shall mean 23 hops, grains, malted grains, wort, sugars, yeasts, water, fruits, fruit 24 juices, and other agricultural products including, but not limited to, 25 honey and flowers, that are grown or produced in the state of New York, 26 in quantity amounts as determined by the authority and shall be governed 27 by paragraph (b) of subdivision eleven of section fifty-one-a of this 28 article. 29 3. A custom beermakers' center license shall authorize the holder 30 thereof to operate a facility for individuals to rent space, equipment, 31 and storage facilities and, if necessary, to purchase beer making 32 supplies to manufacture beer for personal household use provided that 33 the manufacture and production of beer for personal household consump- 34 tion and use is done in accordance with state and federal laws and regu- 35 lations. Such a license shall also authorize the licensee, provided 36 such activities are permitted by the federal Alcohol and Tobacco Tax and 37 Trade Bureau for the manufacture of tax exempt beer for personal house- 38 hold use, to: 39 (a) conduct training classes on how to manufacture beer; and 40 (b) conduct beer tastings for those individuals taking such classes 41 and/or using such facility for brewing purposes at the licensed facility 42 provided that the tastings shall be subject to the following limita- 43 tions: 44 (i) tastings shall be conducted by the licensee or by an official 45 agent of the licensee. Such licensee or agent shall be physically pres- 46 ent at all times during the conduct of the tastings; and 47 (ii) any liability stemming from a right of action resulting from a 48 tasting of beer as authorized herein and in accordance with the 49 provisions of sections 11-100 and 11-101 of the general obligations law, 50 shall accrue to the custom beermakers' center. 51 4. The custom beermakers' center licensee shall be subject to the 52 supervision of the authority to ensure that the licensee and the indi- 53 viduals utilizing such center are in compliance with the provisions of 54 this chapter, state laws, rules, and regulations, and the laws, rules, 55 and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau.S. 1227--B 3 1 5. The licensee or an official agent of the licensee shall be phys- 2 ically present at all times during the facility's hours of operations. 3 6. The annual aggregate production of beer at any such center for all 4 individuals making beer at such premises, pursuant to a custom beermak- 5 ers' center license, shall not exceed the production limits set by the 6 authority that are commensurate with a non-commercial production facili- 7 ty. Provided that such aggregate production limit shall not be offset by 8 beer produced at such facility under a brewer's license or farm brewery 9 license. 10 7. Notwithstanding any other provision of this chapter, the authority 11 may issue a custom beermakers' center license to the holder of a farm 12 brewery or brewery license for use at such licensee's existing licensed 13 premises. 14 8. The authority is hereby authorized to promulgate rules and regu- 15 lations to effectuate the purposes of this section. 16 9. The licensee must maintain a record of the name, address, and 17 contact information of the individuals that have used such facility and 18 the annual amount of beer produced by each individual at the facility 19 pursuant to the rules of the authority. 20 § 3. Section 56 of the alcoholic beverage control law is amended by 21 adding a new subdivision 11 to read as follows: 22 11. The annual fee for a license to operate a custom beermakers' 23 center shall be three hundred twenty dollars. 24 § 4. Section 56-a of the alcoholic beverage control law, as added by 25 chapter 204 of the laws of 1963, subdivisions 1 and 2 as amended by 26 chapter 384 of the laws of 2013 and subdivision 3 as renumbered by chap- 27 ter 919 of the laws of 1976, is amended to read as follows: 28 § 56-a. Filing fees and refunds. 1. In addition to the annual fees 29 provided for in this chapter, there shall be paid to the authority with 30 each initial application for a license filed pursuant to section fifty- 31 one, fifty-one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c, 32 fifty-eight-d, sixty-one, sixty-two, seventy-six, seventy-seven or 33 seventy-eight of this chapter, a filing fee of four hundred dollars; 34 with each initial application for a license filed pursuant to section 35 sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a 36 filing fee of two hundred dollars; with each initial application for a 37 license filed pursuant to section fifty-three-a, fifty-four, fifty-five, 38 fifty-five-a, seventy-nine, eighty-one or eighty-one-a of this chapter, 39 a filing fee of one hundred dollars; with each initial application for a 40 permit filed pursuant to section ninety-one, ninety-one-a, ninety-two, 41 ninety-two-a, ninety-three, ninety-three-a, if such permit is to be 42 issued on a calendar year basis, ninety-four, ninety-five, ninety-six or 43 ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one 44 of section ninety-nine-b of this chapter if such permit is to be issued 45 on a calendar year basis, or for an additional bar pursuant to subdivi- 46 sion four of section one hundred of this chapter, a filing fee of twenty 47 dollars; and with each application for a permit under section ninety- 48 three-a of this chapter, other than a permit to be issued on a calendar 49 year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety- 50 nine-b of this chapter, other than a permit to be issued pursuant to 51 paragraph b, c, e or j of subdivision one of section ninety-nine-b of 52 this chapter on a calendar year basis, a filing fee of ten dollars. 53 2. In addition to the annual fees provided for in this chapter, there 54 shall be paid to the authority with each renewal application for a 55 license filed pursuant to section fifty-one, fifty-one-a, fifty-two, 56 fifty-three, fifty-eight, fifty-eight-c, fifty-eight-d, sixty-one,S. 1227--B 4 1 sixty-two, seventy-six, seventy-seven or seventy-eight of this chapter, 2 a filing fee of one hundred dollars; with each renewal application for a 3 license filed pursuant to section sixty-three, sixty-four, sixty-four-a 4 or sixty-four-b of this chapter, a filing fee of ninety dollars; with 5 each renewal application for a license filed pursuant to section seven- 6 ty-nine, eighty-one or eighty-one-a of this chapter, a filing fee of 7 twenty-five dollars; and with each renewal application for a license or 8 permit filed pursuant to section fifty-three-a, fifty-four, fifty-five, 9 fifty-five-a, ninety-one, ninety-one-a, ninety-two, ninety-two-a, nine- 10 ty-three, ninety-three-a, if such permit is issued on a calendar year 11 basis, ninety-four, ninety-five, ninety-six or ninety-six-a of this 12 chapter or pursuant to [subdivisions] paragraph b, c, e or j of subdivi- 13 sion one of section ninety-nine-b, if such permit is issued on a calen- 14 dar year basis, or with each renewal application for an additional bar 15 pursuant to subdivision four of section one hundred of this chapter, a 16 filing fee of thirty dollars. 17 3. If the authority shall deny an application filed pursuant to this 18 chapter it shall return the annual fee to the applicant and retain the 19 filing fee. 20 § 5. The alcoholic beverage control law is amended by adding a new 21 section 58-d to read as follows: 22 § 58-d. Custom cidermakers' center. 1. Any person may apply to the 23 authority on or before December thirty-first, two thousand nineteen for 24 a custom cidermakers' center license as provided for in this section to 25 operate a custom cidermakers' center facility and provide individuals 26 with rental space, the use of equipment and storage facilities, and/or 27 fruit for the production of cider by such individuals for personal 28 household use and not for resale in accordance with state and federal 29 laws, rules, and regulations authorizing such production. Such applica- 30 tion shall be in writing and verified and shall contain such information 31 as the authority shall require, provided, however, the holder of such a 32 license under this section may renew such license on or after December 33 thirty-first, two thousand nineteen. Such application shall be accompa- 34 nied by a check or draft for the amount required by this article for 35 such license. If the authority grants the application, it shall issue a 36 license in such form as shall be determined by its rules. Such license 37 shall contain a description of the licensed premises and in form and in 38 substance shall be a license to the person therein specifically desig- 39 nated to operate such center to manufacture cider for personal household 40 use in the premises therein specifically licensed. 41 2. For the purposes of this section, "fruit" shall mean fresh, whole 42 apples or other pome fruits that are grown or produced in the state of 43 New York. 44 3. A custom cidermakers' center license shall authorize the holder 45 thereof to operate a facility for individuals to rent space, equipment, 46 and storage facilities and, if necessary, to purchase fruit to manufac- 47 ture cider for personal household use provided that the manufacture and 48 production of cider for personal household consumption and use is done 49 in accordance with state and federal laws and regulations. Such a 50 license shall also authorize the licensee, provided such activities are 51 permitted by the federal Alcohol and Tobacco Tax and Trade Bureau for 52 the manufacture of tax exempt cider for personal household use, to: 53 (a) conduct training classes on how to manufacture cider; and 54 (b) conduct cider tastings for those individuals taking such classes 55 and/or using such facility for the production of cider at the licensedS. 1227--B 5 1 facility provided that the tastings shall be subject to the following 2 limitations: 3 (i) tastings shall be conducted by the licensee or by an official 4 agent of the licensee. Such licensee or agent shall be physically pres- 5 ent at all times during the conduct of the tastings; and 6 (ii) any liability stemming from a right of action resulting from a 7 tasting of cider as authorized herein and in accordance with the 8 provisions of sections 11-100 and 11-101 of the general obligations law, 9 shall accrue to such center. 10 4. The custom cidermakers' center licensee shall be subject to the 11 supervision of the authority to ensure that the licensee and the indi- 12 viduals utilizing such center are in compliance with the provisions of 13 this chapter, state laws, rules, and regulations, and the laws, rules, 14 and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau. 15 5. The licensee or an official agent of the licensee shall be phys- 16 ically present at all times during the facility's hours of operations. 17 6. The annual aggregate production of cider at any such center for all 18 individuals making cider at such premises, pursuant to a custom cider- 19 makers' center license, shall not exceed the production limits set forth 20 by the authority that are commensurate with a non-commercial production 21 facility. Provided that such aggregate production limit shall not be 22 offset by cider produced at such facility under a cidery license or farm 23 cidery license. 24 7. Notwithstanding any other provision of this chapter, the authority 25 may issue a custom cidermakers' center license to the holder of a farm 26 cidery or cidery license or farm winery or winery license for use at 27 such licensee's existing licensed premises. 28 8. The authority is hereby authorized to promulgate rules and regu- 29 lations to effectuate the purposes of this section. 30 9. The licensee must maintain a record of the name, address, and 31 contact information of the individuals that have used such facility and 32 the annual amount of cider produced by each individual at the facility 33 pursuant to the rules of the authority. 34 10. The annual fee for a license to operate a custom cidermakers' 35 center shall be three hundred twenty dollars. 36 § 6. The alcoholic beverage control law is amended by adding a new 37 section 77 to read as follows: 38 § 77. Custom winemakers' center. 1. Any person may apply to the 39 authority on or before December thirty-first, two thousand nineteen for 40 a custom winemakers' center license as provided for in this section to 41 operate a custom winemakers' center facility and provide individuals 42 with rental space, the use of equipment and storage facilities, and/or 43 fruit for the production of wine by such individuals for personal house- 44 hold use and not for resale in accordance with state and federal laws, 45 rules, and regulations authorizing such production. Such application 46 shall be in writing and verified and shall contain such information as 47 the authority shall require, provided, however, the holder of such 48 license under this section may renew such license on or after December 49 thirty-first, two thousand nineteen. Such application shall be accompa- 50 nied by a check or draft for the amount required by this article for 51 such license. If the authority grants the application, it shall issue a 52 license in such form as shall be determined by its rules. Such license 53 shall contain a description of the licensed premises and in form and in 54 substance shall be a license to the person therein specifically desig- 55 nated to operate such center to manufacture wine for personal household 56 use in the premises therein specifically licensed.S. 1227--B 6 1 2. For the purposes of this section, "fruit" shall mean grapes, other 2 fruits, fruit juices, and other agricultural products including, but not 3 limited to, honey and flowers, that are grown or produced in the state 4 of New York. 5 3. A custom winemakers' center license shall authorize the holder 6 thereof to operate a facility for individuals to rent space, equipment, 7 and storage facilities and, if necessary, to purchase fruit to manufac- 8 ture wine for personal household use provided that the manufacture and 9 production of wine for personal household consumption and use is done in 10 accordance with state and federal laws and regulations. Such a license 11 shall also authorize the licensee, provided such activities are permit- 12 ted by the federal Alcohol and Tobacco Tax and Trade Bureau for the 13 manufacture of tax exempt wine for personal household use, to: 14 (a) conduct training classes on how to manufacture wine; and 15 (b) conduct wine tastings for those individuals taking such classes 16 and/or using such facilities for the production of wine at the licensed 17 facility provided that the tastings shall be subject to the following 18 limitations: 19 (i) tastings shall be conducted by the licensee or by an official 20 agent of the licensee. Such licensee or agent shall be physically pres- 21 ent at all times during the conduct of the tastings; and 22 (ii) any liability stemming from a right of action resulting from a 23 tasting of wine as authorized herein and in accordance with the 24 provisions of sections 11-100 and 11-101 of the general obligations law, 25 shall accrue to such center. 26 4. The custom winemakers' center licensee shall be subject to the 27 supervision of the authority to ensure that the licensee and the indi- 28 viduals utilizing such center are in compliance with the provisions of 29 this chapter, state laws, rules, and regulations, and the laws, rules, 30 and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau. 31 5. The licensee or an official agent of the licensee shall be phys- 32 ically present at all times during the facility's hours of operations. 33 6. The annual aggregate production of wine at any such center for all 34 individuals making wine at such premises, pursuant to a custom winemak- 35 ers' center license, shall not exceed the production limits set forth by 36 the authority that are commensurate with a non-commercial production 37 facility. Provided that such aggregate production limit shall not be 38 offset by wine produced at such facility under a winery's license or 39 farm winery license. 40 7. Notwithstanding any other provision of this chapter, the authority 41 may issue a custom winemakers' center license to the holder of a farm 42 winery or winery license for use at such licensee's existing licensed 43 premises. 44 8. The authority is hereby authorized to promulgate rules and regu- 45 lations to effectuate the purposes of this section. 46 9. The licensee must maintain a record of the name, address, and 47 contact information of the individual or individuals that have used such 48 facility and the annual amount of wine produced by each individual at 49 the facility pursuant to the rules of the authority. 50 § 7. Section 83 of the alcoholic beverage control law is amended by 51 adding a new subdivision 9 to read as follows: 52 9. The annual fee for a license to operate a custom winemakers' center 53 shall be three hundred twenty dollars. 54 § 8. This act shall take effect on the one hundred eightieth day after 55 it shall have become a law.
