STATE OF NEW YORK
________________________________________________________________________
8560
IN SENATE
May 10, 2018
___________
Introduced by Sen. MURPHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to the
production and sale of mead and braggot; and to repeal certain
provisions of such law relating thereto
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 a new subdivision 6-a to read as follows:
3 6-a. "Braggot" shall mean a malt alcoholic beverage made primarily
4 from: honey; water; and malt and/or hops (i) which may also contain
5 fruits, spices, herbs, grain or other agricultural products; and (ii)
6 with honey representing at least fifty-one percent of the starting
7 fermentable sugars by weight of the finished product. For the purposes
8 of this chapter, braggot shall be designated as and sold as a beer.
9 § 2. Section 3 of the alcoholic beverage control law is amended by
10 adding a new subdivision 12-aaaa to read as follows:
11 12-aaaa. "Farm meadery" means and includes any place or premises,
12 located on a farm in New York state, in which New York state labelled
13 mead or New York state labelled braggot is manufactured, stored and
14 sold, or any other place or premises in New York state in which New York
15 state labelled mead or New York state labelled braggot is manufactured,
16 stored and sold.
17 § 3. Section 3 of the alcoholic beverage control law is amended by
18 adding a new subdivision 19-a to read as follows:
19 19-a. "Mead" shall mean a wine made primarily from honey and water:
20 (i) which may also contain hops, fruits, spices, herbs, grain or other
21 agricultural products; and (ii) with honey representing at least fifty-
22 one percent of the starting fermentable sugars by weight of the finished
23 product. The brand or trade name label owner of such alcoholic beverage
24 shall designate whether such alcoholic beverage shall be sold as and
25 treated in the same manner as wine or mead for all purposes under this
26 chapter. Provided, however, any mead containing more than eight and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15810-01-8
S. 8560 2
1 one-half per centum alcohol by volume shall be designated, sold as and
2 treated in the same manner as wine.
3 § 4. Section 3 of the alcoholic beverage control law is amended by
4 adding a new subdivision 20-f to read as follows:
5 20-f. "New York state labeled braggot" means braggot made exclusively
6 from honey produced in New York state.
7 § 5. Section 3 of the alcoholic beverage control law is amended by
8 adding a new subdivision 20-g to read as follows:
9 20-g. "New York state labeled mead" means mead made exclusively from
10 honey produced in New York state.
11 § 6. The alcoholic beverage control law is amended by adding a new
12 article 6-A to read as follows:
13 ARTICLE 6-A
14 SPECIAL PROVISIONS RELATING TO MEAD
15 Section 86. Farm meadery license.
16 87. Authorization for sale of mead and braggot by retail licen-
17 sees.
18 88. Authorization for sale of mead and braggot by wholesale
19 licensees.
20 § 86. Farm meadery license. 1. Any person may apply to the authority
21 for a farm meadery license as provided for in this section to produce
22 mead and braggot within this state for sale. Such application shall be
23 in writing and verified and shall contain such information as the
24 authority shall require. Such application shall be accompanied by a
25 check or draft for the amount required by this article for such license.
26 If the authority grants the application, it shall issue a license in
27 such form as shall be determined by its rules. Such license shall
28 contain a description of the licensed premises and in form and in
29 substance shall be a license to the person therein specifically desig-
30 nated to produce mead and braggot in the premises therein specifically
31 licensed. The annual fee for such a license shall be seventy-five
32 dollars.
33 2. A farm meadery license shall authorize the holder thereof to oper-
34 ate a meadery for the manufacture of New York state labelled mead and
35 New York state labelled braggot. Such a license shall also authorize the
36 licensee to:
37 (a) sell in bulk mead or braggot manufactured by the licensee to any
38 person licensed to manufacture alcoholic beverages in this state or to a
39 permittee engaged in the manufacture of products which are unfit for
40 beverage use;
41 (b) sell or deliver mead or braggot manufactured by the licensee to
42 persons outside the state pursuant to the laws of the place of such
43 delivery;
44 (c) sell mead manufactured by the licensee to wholesalers and retail-
45 ers licensed in this state to sell such mead, licensed farm distillers,
46 licensed farm wineries, licensed wineries, licensed farm breweries,
47 licensed farm cideries and any other licensed farm meadery. All such
48 mead sold by the licensee shall be securely sealed and have attached
49 thereto a label as shall be required by section one hundred seven-a of
50 this chapter;
51 (d) sell braggot manufactured by the licensee to wholesalers and
52 retailers licensed in this state to sell beer, licensed farm distillers,
53 licensed farm wineries, licensed breweries, licensed farm breweries,
54 licensed farm cideries and any other licensed farm meadery. All such
55 braggot sold by the licensee shall be securely sealed and have attached
S. 8560 3
1 thereto a label as shall be required by section one hundred seven-a of
2 this chapter;
3 (e) operate, or use the services of, a custom crush facility as
4 defined in subdivision nine-a of section three of this chapter;
5 (f) at the licensed premises, conduct tastings of, and sell at retail
6 for consumption on or off the licensed premises, any New York state
7 labeled mead, New York state labeled braggot, New York state labeled
8 beer, New York state labeled cider, New York state labeled liquor or New
9 York state labeled wine. Provided, however, for tastings and sales for
10 on-premises consumption, the licensee shall regularly keep food avail-
11 able for sale or service to its retail customers for consumption on the
12 premises. A licensee providing the following shall be deemed in compli-
13 ance with this provision: (i) sandwiches, soups or other such foods,
14 whether fresh, processed, pre-cooked or frozen; and/or (ii) food items
15 intended to complement the tasting of alcoholic beverages, which shall
16 mean a diversified selection of food that is ordinarily consumed without
17 the use of tableware and can be conveniently consumed while standing or
18 walking, including but not limited to: cheeses, fruits, vegetables,
19 chocolates, breads, mustards and crackers. All of the provisions of this
20 chapter relative to licensees selling alcoholic beverages at retail
21 shall apply;
22 (g) operate a restaurant, hotel, catering establishment, or other food
23 and drinking establishment in or adjacent to the licensed premises and
24 sell at such place, at retail for consumption on the premises, any New
25 York state labeled mead, New York state labeled braggot, New York state
26 labeled beer, New York state labeled cider, New York state labeled
27 liquor or New York state labeled wine. All of the provisions of this
28 chapter relative to licensees selling alcoholic beverages at retail
29 shall apply. Notwithstanding any other provision of law, the licensed
30 farm meadery may apply to the authority for a license under this chapter
31 to sell other alcoholic beverages at retail for consumption on the prem-
32 ises at such establishment; and
33 (h) store and sell gift items in a tax-paid room upon the licensed
34 premises incidental to the sale of mead and braggot. These gift items
35 shall be limited to the following categories: (i) non-alcoholic beverag-
36 es for consumption on or off premises, including but not limited to
37 bottled water, juice and soda beverages; (ii) food items for the purpose
38 of complementing mead tastings, shall mean a diversified selection of
39 food which is ordinarily consumed without the use of tableware and can
40 conveniently be consumed while standing or walking; (iii) food items,
41 which shall include locally produced farm products and any food or food
42 product not specifically prepared for immediate consumption upon the
43 premises; (iv) mead and braggot supplies and accessories, which shall
44 include any item utilized for the storage, serving or consumption of
45 mead and braggot or for decorative purposes; (v) souvenir items, which
46 shall include, but not be limited to artwork, crafts, clothing, agricul-
47 tural products and any other articles which can be construed to propa-
48 gate tourism within the region; and (vi) mead-making and braggot-making
49 equipment.
50 3. A licensed farm meadery may engage in any other business on the
51 licensed premises subject to such rules and regulations as the liquor
52 authority may prescribe. In prescribing such rules and regulations, the
53 liquor authority shall promote the expansion and profitability of mead
54 and braggot production and of tourism in New York, thereby promoting the
55 conservation, production and enhancement of New York state agricultural
56 lands. Further, such rules and regulations shall determine which busi-
S. 8560 4
1 nesses will be compatible with the policy and purposes of this chapter
2 and shall consider the effect of particular businesses on the community
3 and area in the vicinity of the farm meadery licensee.
4 4. Notwithstanding any provision of this chapter to the contrary, any
5 farm meadery licensee may charge for tours of its premises.
6 5. The holder of a license issued under this section may operate up to
7 five branch offices located away from the licensed farm meadery. Such
8 locations shall be considered part of the licensed premises and all
9 activities allowed at and limited to the farm meadery may be conducted
10 at the branch offices. Such branch offices shall not be located within,
11 share a common entrance and exit with, or have any interior access to
12 any other business, including premises licensed to sell alcoholic bever-
13 ages at retail. Prior to commencing operation of any such branch office,
14 the licensee shall notify the authority of the location of such branch
15 office and the authority may issue a permit for the operation of same.
16 6. (a) No farm meadery shall manufacture in excess of two hundred
17 fifty thousand gallons of mead and/or braggot annually.
18 (b) A licensed farm meadery shall produce at least fifty gallons of
19 mead and/or braggot annually.
20 7. No licensed farm meadery shall manufacture or sell any mead other
21 than New York state labelled mead.
22 8. No licensed farm meadery shall manufacture or sell any braggot
23 other than New York state labelled braggot.
24 9. The authority is hereby authorized to promulgate rules and regu-
25 lations to effectuate the purposes of this section. In prescribing such
26 rules and regulations, the authority shall promote the expansion and
27 profitability of mead production and of tourism in New York, thereby
28 promoting the conservation, production and enhancement of New York state
29 agricultural lands.
30 § 87. Authorization for sale of mead and braggot by retail licensees.
31 1. Each retail licensee under this chapter shall have the right, by
32 virtue of his license and without being required to pay any additional
33 fee for the privilege, to sell at retail for consumption on or off the
34 premises, as the case may be, mead which has not been designated as a
35 wine pursuant to subdivision nineteen-a of section three of this chapter
36 and which has been purchased from a person licensed to produce or sell
37 mead at wholesale under this chapter.
38 2. Each retail licensee authorized to sell wine under this chapter
39 shall have the right, by virtue of his license and without being
40 required to pay any additional fee for the privilege, to sell at retail
41 for consumption on or off the premises, as the case may be, mead which
42 has been designated as a wine pursuant to subdivision nineteen-a of
43 section three of this chapter and which has been purchased from a person
44 licensed to produce or sell mead at wholesale under this chapter.
45 3. Each retail licensee authorized to sell beer under this chapter
46 shall have the right, by virtue of his license and without being
47 required to pay any additional fee for the privilege, to sell at retail
48 for consumption on or off the premises, as the case may be, braggot
49 which has been purchased from a person licensed to produce or sell brag-
50 got at wholesale under this chapter.
51 § 88. Authorization for sale of mead and braggot by wholesale licen-
52 sees. 1. Each wholesale licensee authorized to sell beer under this
53 chapter shall have the right, by virtue of its license and without being
54 required to pay any additional fee for the privilege, to sell at whole-
55 sale: (a) braggot purchased from a person licensed to produce braggot
56 under this chapter. Such braggot shall be subject to the provisions of
S. 8560 5
1 this chapter regarding the tasting and sale of beer at wholesale and
2 retail; or
3 (b) mead purchased from a person licensed to produce mead and which
4 has not been designated as wine pursuant to subdivision nineteen-a of
5 section three of this chapter. Such mead shall be subject to the
6 provisions of this chapter regarding the tasting and sale of beer at
7 wholesale and retail.
8 2. Each wholesale licensee authorized to sell wine under this chapter
9 shall have the right, by virtue of its license and without being
10 required to pay any additional fee for the privilege, to sell at whole-
11 sale mead purchased from a person licensed to produce mead and which has
12 been designated as wine pursuant to subdivision nineteen-a of section
13 three of this chapter. Such mead shall be subject to the provisions of
14 this chapter regarding the tasting and sale of wine at wholesale and
15 retail.
16 § 7. Subdivision 3 of section 17 of the alcoholic beverage control
17 law, as amended by section 3 of chapter 297 of the laws of 2016, is
18 amended to read as follows:
19 3. To revoke, cancel or suspend for cause any license or permit issued
20 under this chapter and/or to impose a civil penalty for cause against
21 any holder of a license or permit issued pursuant to this chapter. Any
22 civil penalty so imposed shall not exceed the sum of ten thousand
23 dollars as against the holder of any retail permit issued pursuant to
24 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
25 paragraph f of subdivision one of section ninety-nine-b of this chapter,
26 and as against the holder of any retail license issued pursuant to
27 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
28 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
29 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
30 of this chapter, and the sum of thirty thousand dollars as against the
31 holder of a license issued pursuant to sections fifty-three,
32 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a, [and] seventy-
33 eight and eighty-six of this chapter, provided that the civil penalty
34 against the holder of a wholesale license issued pursuant to section
35 fifty-three of this chapter shall not exceed the sum of ten thousand
36 dollars where that licensee violates provisions of this chapter during
37 the course of the sale of beer at retail to a person for consumption at
38 home, and the sum of one hundred thousand dollars as against the holder
39 of any license issued pursuant to sections fifty-one, sixty-one, and
40 sixty-two of this chapter. Any civil penalty so imposed shall be in
41 addition to and separate and apart from the terms and provisions of the
42 bond required pursuant to section one hundred twelve of this chapter.
43 Provided that no appeal is pending on the imposition of such civil
44 penalty, in the event such civil penalty imposed by the division remains
45 unpaid, in whole or in part, more than forty-five days after written
46 demand for payment has been sent by first class mail to the address of
47 the licensed premises, a notice of impending default judgment shall be
48 sent by first class mail to the licensed premises and by first class
49 mail to the last known home address of the person who signed the most
50 recent license application. The notice of impending default judgment
51 shall advise the licensee: (a) that a civil penalty was imposed on the
52 licensee; (b) the date the penalty was imposed; (c) the amount of the
53 civil penalty; (d) the amount of the civil penalty that remains unpaid
54 as of the date of the notice; (e) the violations for which the civil
55 penalty was imposed; and (f) that a judgment by default will be entered
56 in the supreme court of the county in which the licensed premises are
S. 8560 6
1 located, or other court of civil jurisdiction or any other place
2 provided for the entry of civil judgments within the state of New York
3 unless the division receives full payment of all civil penalties due
4 within twenty days of the date of the notice of impending default judg-
5 ment. If full payment shall not have been received by the division with-
6 in thirty days of mailing of the notice of impending default judgment,
7 the division shall proceed to enter with such court a statement of the
8 default judgment containing the amount of the penalty or penalties
9 remaining due and unpaid, along with proof of mailing of the notice of
10 impending default judgment. The filing of such judgment shall have the
11 full force and effect of a default judgment duly docketed with such
12 court pursuant to the civil practice law and rules and shall in all
13 respects be governed by that chapter and may be enforced in the same
14 manner and with the same effect as that provided by law in respect to
15 execution issued against property upon judgments of a court of record. A
16 judgment entered pursuant to this subdivision shall remain in full force
17 and effect for eight years notwithstanding any other provision of law.
18 § 8. Subdivision 3 of section 17 of the alcoholic beverage control
19 law, as amended by section 4 of chapter 297 of the laws of 2016, is
20 amended to read as follows:
21 3. To revoke, cancel or suspend for cause any license or permit issued
22 under this chapter and/or to impose a civil penalty for cause against
23 any holder of a license or permit issued pursuant to this chapter. Any
24 civil penalty so imposed shall not exceed the sum of ten thousand
25 dollars as against the holder of any retail permit issued pursuant to
26 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
27 paragraph f of subdivision one of section ninety-nine-b of this chapter,
28 and as against the holder of any retail license issued pursuant to
29 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
30 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
31 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
32 of this chapter, and the sum of thirty thousand dollars as against the
33 holder of a license issued pursuant to sections fifty-three,
34 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a [and], seventy-
35 eight and eighty-six of this chapter, provided that the civil penalty
36 against the holder of a wholesale license issued pursuant to section
37 fifty-three of this chapter shall not exceed the sum of ten thousand
38 dollars where that licensee violates provisions of this chapter during
39 the course of the sale of beer at retail to a person for consumption at
40 home, and the sum of one hundred thousand dollars as against the holder
41 of any license issued pursuant to sections fifty-one, sixty-one and
42 sixty-two of this chapter. Any civil penalty so imposed shall be in
43 addition to and separate and apart from the terms and provisions of the
44 bond required pursuant to section one hundred twelve of this chapter.
45 Provided that no appeal is pending on the imposition of such civil
46 penalty, in the event such civil penalty imposed by the division remains
47 unpaid, in whole or in part, more than forty-five days after written
48 demand for payment has been sent by first class mail to the address of
49 the licensed premises, a notice of impending default judgment shall be
50 sent by first class mail to the licensed premises and by first class
51 mail to the last known home address of the person who signed the most
52 recent license application. The notice of impending default judgment
53 shall advise the licensee: (a) that a civil penalty was imposed on the
54 licensee; (b) the date the penalty was imposed; (c) the amount of the
55 civil penalty; (d) the amount of the civil penalty that remains unpaid
56 as of the date of the notice; (e) the violations for which the civil
S. 8560 7
1 penalty was imposed; and (f) that a judgment by default will be entered
2 in the supreme court of the county in which the licensed premises are
3 located, or other court of civil jurisdiction, or any other place
4 provided for the entry of civil judgments within the state of New York
5 unless the division receives full payment of all civil penalties due
6 within twenty days of the date of the notice of impending default judg-
7 ment. If full payment shall not have been received by the division with-
8 in thirty days of mailing of the notice of impending default judgment,
9 the division shall proceed to enter with such court a statement of the
10 default judgment containing the amount of the penalty or penalties
11 remaining due and unpaid, along with proof of mailing of the notice of
12 impending default judgment. The filing of such judgment shall have the
13 full force and effect of a default judgment duly docketed with such
14 court pursuant to the civil practice law and rules and shall in all
15 respects be governed by that chapter and may be enforced in the same
16 manner and with the same effect as that provided by law in respect to
17 execution issued against property upon judgments of a court of record. A
18 judgment entered pursuant to this subdivision shall remain in full force
19 and effect for eight years notwithstanding any other provision of law.
20 § 9. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (l) of
21 subdivision 2 of section 51-a of the alcoholic beverage control law,
22 paragraphs (a), (b), (c), (f), (h), (i) and (l) as added by chapter 108
23 of the laws of 2012, paragraph (d) as amended and paragraph (l) as
24 relettered by chapter 384 of the laws of 2013, paragraph (e) as amended
25 by chapter 328 of the laws of 2016, paragraph (g) as amended by chapter
26 431 of the laws of 2014, are amended to read as follows:
27 (a) manufacture New York state labelled cider and New York state
28 labeled braggot;
29 (b) sell in bulk beer [and], cider, and braggot manufactured by the
30 licensee to any person licensed to manufacture alcoholic beverages in
31 this state or to a permittee engaged in the manufacture of products
32 which are unfit for beverage use;
33 (c) sell or deliver beer [and], cider, and braggot manufactured by the
34 licensee to persons outside the state pursuant to the laws of the place
35 of such delivery;
36 (d) sell beer [and], cider, and braggot manufactured by the licensee
37 to wholesalers and retailers licensed in this state to sell such beer
38 [and], cider, and braggot, licensed farm distillers, licensed farm
39 wineries, licensed farm cideries, licensed farm meaderies and any other
40 licensed farm brewery. All such beer [and], cider, and braggot sold by
41 the licensee shall be securely sealed and have attached thereto a label
42 as shall be required by section one hundred seven-a of this chapter;
43 (e) sell at the licensed premises beer [and], cider, and braggot manu-
44 factured by the licensee or any other licensed farm brewery, and wine
45 and spirits manufactured by any licensed farm winery or farm distillery,
46 at retail for consumption on or off the licensed premises;
47 (f) conduct tastings at the licensed premises of beer [and], cider,
48 and braggot manufactured by the licensee or any other licensed farm
49 brewery;
50 (g) operate a restaurant, hotel, catering establishment, or other food
51 and drinking establishment in or adjacent to the licensed premises and
52 sell at such place, at retail for consumption on the premises, beer
53 [and], cider, and braggot manufactured by the licensee and any New York
54 state labeled beer, New York state labeled braggot or New York state
55 labeled cider. All of the provisions of this chapter relative to
56 licenses to sell beer, cider, and braggot at retail for consumption on
S. 8560 8
1 and off the premises shall apply so far as applicable to such licensee.
2 Notwithstanding any other provision of law, the licensed farm brewery
3 may apply to the authority for a license under this chapter to sell
4 other alcoholic beverages at retail for consumption on the premises at
5 such establishment;
6 (h) sell beer [and], cider, and braggot manufactured by the licensee
7 or any other licensed farm brewery at retail for consumption off the
8 premises, at the state fair, at recognized county fairs and at farmers
9 markets operated on a not-for-profit basis;
10 (i) conduct tastings of and sell at retail for consumption off the
11 premises New York state labelled wine and mead manufactured by a
12 [licensed winery or licensed farm winery] person licensed to produce
13 wine or mead under this chapter;
14 (l) conduct tastings of and sell at retail for consumption off the
15 premises New York state labelled braggot manufactured by a person
16 licensed to produce braggot under this chapter; and
17 (m) engage in any other business on the licensed premises subject to
18 such rules and regulations as the authority may prescribe. Such rules
19 and regulations shall determine which businesses will be compatible with
20 the policy and purposes of this chapter and shall consider the effect of
21 particular businesses on the community and area in the vicinity of the
22 farm brewery licensee.
23 § 10. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
24 sion 3 of section 51-a of the alcoholic beverage control law, as added
25 by chapter 108 of the laws of 2012, are amended to read as follows:
26 (a) A farm brewery licensee may apply for a permit to conduct tastings
27 away from the licensed premises of beer [and], cider, and braggot
28 produced by the licensee. Such permit shall be valid throughout the
29 state and may be issued on an annual basis or for individual events.
30 Each such permit and the exercise of the privilege granted thereby shall
31 be subject to such rules and conditions of the authority as it deems
32 necessary.
33 (ii) any liability stemming from a right of action resulting from a
34 tasting of beer [or], cider, or braggot as authorized herein and in
35 accordance with the provisions of sections 11-100 and 11-101 of the
36 general obligations law, shall accrue to the farm brewery.
37 § 11. Subdivision 4 of section 51-a of the alcoholic beverage control
38 law, as added by chapter 108 of the laws of 2012, is amended to read as
39 follows:
40 4. A licensed farm brewery holding a tasting permit issued pursuant to
41 subdivision three of this section may apply to the authority for a
42 permit to sell beer [and], cider, and braggot produced by such farm
43 brewery, by the bottle, during such tastings in premises licensed under
44 sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of this
45 chapter. Each such permit and the exercise of the privilege granted
46 thereby shall be subject to such rules and conditions of the authority
47 as it deems necessary.
48 § 12. Subdivision 10 of section 51-a of the alcoholic beverage control
49 law, as amended by chapter 431 of the laws of 2014, is amended to read
50 as follows:
51 10. (a) No farm brewery shall manufacture in excess of seventy-five
52 thousand finished barrels of beer [and], cider, and braggot annually.
53 (b) A farm brewery shall manufacture at least fifty barrels of beer
54 [and], cider, and braggot annually.
S. 8560 9
1 § 13. Subdivisions 1 and 2 of section 56-a of the alcoholic beverage
2 control law, as amended by chapter 422 of the laws of 2016, are amended
3 to read as follows:
4 1. In addition to the annual fees provided for in this chapter, there
5 shall be paid to the authority with each initial application for a
6 license filed pursuant to section fifty-one, fifty-one-a, fifty-two,
7 fifty-three, fifty-eight, fifty-eight-c, fifty-eight-d, sixty-one,
8 sixty-two, seventy-six, seventy-seven [or], seventy-eight or eighty-six
9 of this chapter, a filing fee of four hundred dollars; with each initial
10 application for a license filed pursuant to section sixty-three, sixty-
11 four, sixty-four-a or sixty-four-b of this chapter, a filing fee of two
12 hundred dollars; with each initial application for a license filed
13 pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,
14 seventy-nine, eighty-one or eighty-one-a of this chapter, a filing fee
15 of one hundred dollars; with each initial application for a permit filed
16 pursuant to section ninety-one, ninety-one-a, ninety-two, ninety-two-a,
17 ninety-three, ninety-three-a, if such permit is to be issued on a calen-
18 dar year basis, ninety-four, ninety-five, ninety-six or ninety-six-a, or
19 pursuant to paragraph b, c, e or j of subdivision one of section nine-
20 ty-nine-b of this chapter if such permit is to be issued on a calendar
21 year basis, or for an additional bar pursuant to subdivision four of
22 section one hundred of this chapter, a filing fee of twenty dollars; and
23 with each application for a permit under section ninety-three-a of this
24 chapter, other than a permit to be issued on a calendar year basis,
25 section ninety-seven, ninety-eight, ninety-nine, or ninety-nine-b of
26 this chapter, other than a permit to be issued pursuant to paragraph b,
27 c, e or j of subdivision one of section ninety-nine-b of this chapter on
28 a calendar year basis, a filing fee of ten dollars.
29 2. In addition to the annual fees provided for in this chapter, there
30 shall be paid to the authority with each renewal application for a
31 license filed pursuant to section fifty-one, fifty-one-a, fifty-two,
32 fifty-three, fifty-eight, fifty-eight-c, fifty-eight-d, sixty-one,
33 sixty-two, seventy-six, seventy-seven [or], seventy-eight or eighty-six
34 of this chapter, a filing fee of one hundred dollars; with each renewal
35 application for a license filed pursuant to section sixty-three, sixty-
36 four, sixty-four-a or sixty-four-b of this chapter, a filing fee of
37 ninety dollars; with each renewal application for a license filed pursu-
38 ant to section seventy-nine, eighty-one or eighty-one-a of this chapter,
39 a filing fee of twenty-five dollars; and with each renewal application
40 for a license or permit filed pursuant to section fifty-three-a, fifty-
41 four, fifty-five, fifty-five-a, ninety-one, ninety-one-a, ninety-two,
42 ninety-two-a, ninety-three, ninety-three-a, if such permit is issued on
43 a calendar year basis, ninety-four, ninety-five, ninety-six or ninety-
44 six-a of this chapter or pursuant to paragraph b, c, e or j of subdivi-
45 sion one of section ninety-nine-b, if such permit is issued on a calen-
46 dar year basis, or with each renewal application for an additional bar
47 pursuant to subdivision four of section one hundred of this chapter, a
48 filing fee of thirty dollars.
49 § 14. Paragraph (j) of subdivision 2 of section 58-c of the alcoholic
50 beverage control law, as amended by chapter 327 of the laws of 2016, is
51 amended and two new paragraphs (j-1) and (j-2) are added to read as
52 follows:
53 (j) conduct tastings of and sell at retail for consumption on or off
54 the premises New York state labelled liquor manufactured by a licensed
55 distiller or licensed farm distiller; provided, however, that no consum-
56 er may be provided, directly or indirectly: (i) with more than three
S. 8560 10
1 samples of liquor for tasting in one calendar day; or (ii) with a sample
2 of liquor for tasting equal to more than one-quarter fluid ounce; [and]
3 (j-1) conduct tastings of and sell at retail for consumption on or off
4 the premises New York state labelled mead manufactured by a person
5 licensed to produce mead under this chapter;
6 (j-2) conduct tastings of and sell at retail for consumption on or off
7 the premises New York state labelled braggot manufactured by a person
8 licensed to produce braggot under this chapter; and
9 § 15. Subparagraphs (vi) and (vii) of paragraph (a) of subdivision 2-c
10 of section 61 of the alcoholic beverage control law, as amended by chap-
11 ter 103 of the laws of 2017, are amended and two new subparagraphs
12 (viii) and (ix) are added to read as follows:
13 (vi) To conduct tastings of and sell at retail for consumption on or
14 off the premises New York state labelled cider manufactured by a
15 licensed brewer, licensed farm brewery, licensed farm winery, licensed
16 cider producer or licensed farm cidery; [and]
17 (vii) To conduct tastings of and sell at retail for consumption on or
18 off the premises New York state labelled wine manufactured by a licensed
19 winery or licensed farm winery[.];
20 (viii) To conduct tastings of and sell at retail for consumption on or
21 off the premises New York state labelled mead manufactured by a person
22 licensed to produce mead under this chapter; and
23 (ix) To conduct tastings of and sell at retail for consumption on or
24 off the premises New York state labelled braggot manufactured by a
25 person licensed to produce braggot under this chapter.
26 § 16. Paragraphs (a), (b), (c) and (d) of subdivision 2 of section 76
27 of the alcoholic beverage control law, as amended by chapter 108 of the
28 laws of 2012, are amended to read as follows:
29 (a) to operate a winery for the manufacture of wine and mead at the
30 premises specifically designated in the license;
31 (b) to receive and possess wine and mead from other states consigned
32 to a United States government bonded winery, warehouse or storeroom
33 located within the state;
34 (c) to sell in bulk from the licensed premises the products manufac-
35 tured under such license and wine and mead received by such licensee
36 from any other state to any winery licensee, or meadery license any
37 distiller licensee or to a permittee engaged in the manufacture of
38 products which are unfit for beverage use and to sell or deliver such
39 wine or mead to persons outside the state pursuant to the laws of the
40 place of such sale or delivery;
41 (d) to sell from the licensed premises to a licensed wholesaler or
42 retailer, or to a corporation operating railroad cars or aircraft for
43 consumption on such carriers, wine and mead manufactured or received by
44 the licensee as above set forth in the original sealed containers of not
45 more than fifteen gallons each and to sell or deliver such wine and mead
46 to persons outside the state pursuant to the laws of the place of such
47 sale or delivery. All wine and mead sold by such licensee shall be
48 securely sealed and have attached thereto a label setting forth such
49 information as shall be required by this chapter;
50 § 17. Subdivision 4-a of section 76 of the alcoholic beverage control
51 law, as amended by chapter 431 of the laws of 2014, is amended to read
52 as follows:
53 4-a. A licensed winery may operate a restaurant, hotel, catering
54 establishment, or other food and drinking establishment in or adjacent
55 to the licensed premises and sell at such place, at retail for consump-
56 tion on the premises, wine, mead and wine products manufactured by the
S. 8560 11
1 licensee and any New York state labeled wine, mead or New York state
2 labeled wine product. All of the provisions of this chapter relative to
3 licenses to sell wine at retail for consumption on the premises shall
4 apply so far as applicable to such licensee. Notwithstanding any other
5 provision of law, the licensed winery may apply to the authority for a
6 license under article four of this chapter to sell other alcoholic
7 beverages at retail for consumption on the premises at such establish-
8 ment.
9 § 17-a. Subdivision 13 of section 76 of the alcoholic beverage control
10 law, as added by chapter 221 of the laws of 2011, is amended to read as
11 follows:
12 13. Notwithstanding any other provision of law to the contrary, a
13 winery licensed pursuant to this section may engage in custom wine
14 production allowing individuals to assist in the production of wine or
15 mead for sale for personal or family use, provided, however, that (a)
16 the wine or mead must be purchased by the individual assisting in the
17 production of such wine or mead; and (b) the owner, employee or agent of
18 such winery shall be present at all times during such production.
19 § 18. Subdivision 14 of section 76 of the alcoholic beverage control
20 law, as added by chapter 431 of the laws of 2014, is amended to read as
21 follows:
22 14. Any person licensed under this section shall manufacture at least
23 fifty gallons of wine and/or mead per year.
24 § 19. Paragraphs (a), (c), (e) and (f) of subdivision 2 of section
25 76-a of the alcoholic beverage control law, paragraph (a) as added by
26 chapter 221 of the laws of 2011, paragraph (c) as amended by chapter 384
27 of the laws of 2013, paragraph (e) as amended by chapter 328 of the laws
28 of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014,
29 are amended to read as follows:
30 (a) operate a farm winery for the manufacture of wine, New York state
31 labeled mead or New York state labeled cider at the premises specif-
32 ically designated in the license;
33 (c) sell from the licensed premises to a licensed winery, farm distil-
34 ler, farm brewery, farm cidery, farm meadery, wholesaler or retailer, or
35 to a corporation operating railroad cars or aircraft for consumption on
36 such carriers, or at retail for consumption off the premises, wine [or],
37 cider, or mead manufactured by the licensee as above set forth and to
38 sell or deliver such wine or cider to persons outside the state pursuant
39 to the laws of the place of such sale or delivery. All wine [or], cider,
40 or mead sold by such licensee for consumption off the premises shall be
41 securely sealed and have attached thereto a label setting forth such
42 information as shall be required by this chapter;
43 (e) conduct tastings of and sell at the licensed premises [cider and
44 wine], at retail for consumption on or off the licensed premises alco-
45 holic beverages manufactured by the licensee or any other licensed farm
46 winery[, and]; New York state labeled wine manufactured by any licensed
47 winery; New York state labeled beer manufactured by any licensed brewer
48 or farm brewery; New York state labeled cider manufactured by any
49 licensed cider producer, farm cidery or farm brewery; New York state
50 labeled mead manufactured by any licensed farm meadery, winery or farm
51 winery; New York state labeled braggot manufactured by any licensed
52 meadery, brewery or farm brewery and [spirits] New York state labeled
53 liquor manufactured by any licensed [farm brewery or] distiller or farm
54 distillery[, at retail for consumption on or off the licensed premises];
55 (f) operate a restaurant, hotel, catering establishment, or other food
56 and drinking establishment in or adjacent to the licensed premises and
S. 8560 12
1 sell at such place, at retail for consumption on the premises, wine,
2 cider [and wine products], and mead manufactured by the licensee and any
3 New York state labeled wine, New York state labeled cider, New York
4 state labeled mead or New York state labeled wine product. All of the
5 provisions of this chapter relative to licenses to sell wine at retail
6 for consumption on the premises shall apply so far as applicable to such
7 licensee. Notwithstanding any other provision of law, the licensed farm
8 winery may apply to the authority for a license under [article four of]
9 this chapter to sell other alcoholic beverages at retail for consumption
10 on the premises at such establishment.
11 § 20. Paragraphs (f), (g) and (h) of subdivision 6 of section 76-a of
12 the alcoholic beverage control law are REPEALED.
13 § 21. Subdivision 8 of section 76-a of the alcoholic beverage control
14 law, as amended by chapter 431 of the laws of 2014, is amended to read
15 as follows:
16 8. (a) No licensed farm winery shall manufacture in excess of two
17 hundred fifty thousand finished gallons of wine, cider, and mead annual-
18 ly.
19 (b) Any person licensed under this section shall manufacture at least
20 fifty gallons of wine, cider, and mead per year.
21 § 22. Subdivision 9 of section 76-a of the alcoholic beverage control
22 law, as added by chapter 221 of the laws of 2011, is amended to read as
23 follows:
24 9. Notwithstanding any other provision of law to the contrary, a farm
25 winery licensed pursuant to this section may engage in custom [wine]
26 production allowing individuals to assist in the production of New York
27 state labeled wine, cider and mead for sale for personal or family use,
28 provided, however, that (a) the wine, cider and mead must be purchased
29 by the individual assisting in the production of such wine, cider or
30 mead; and (b) the owner, employee or agent of such winery shall be pres-
31 ent at all times during such production.
32 § 23. Subdivision 2 of section 101-aaa of the alcoholic beverage
33 control law, as amended by chapter 242 of the laws of 2012, is amended
34 to read as follows:
35 2. No manufacturer or wholesaler licensed under this chapter shall
36 sell or deliver any beer, mead, cider or wine products to any retail
37 licensee except as provided for in this section:
38 (a) for cash to be paid at the time of delivery; or
39 (b) on terms requiring payment by such retail licensee for such beer,
40 mead, cider, or wine products on or before the final payment date of any
41 credit period within which delivery is made. Provided, however, that the
42 sale of wine products mead, or cider to a retail licensee by a whole-
43 saler licensed under section fifty-eight, sixty-two, or seventy-eight of
44 this chapter, or a licensed manufacturer of liquor, mead or wine or a
45 cider producer's license, shall be governed by the provisions of section
46 one hundred-one-aa of this article.
47 § 24. Paragraphs (b), (d) and (e) of subdivision 4 of section 107-a of
48 the alcoholic beverage control law, paragraph (b) as amended by chapter
49 369 of the laws of 2017, paragraphs (d) and (e) as amended by chapter
50 354 of the laws of 2013, are amended to read as follows:
51 (b) The annual fee for registration of any brand or trade name label
52 for liquor shall be two hundred fifty dollars; the annual fee for regis-
53 tration of any brand or trade name label for beer, mead or cider shall
54 be one hundred fifty dollars; the annual fee for registration of any
55 brand or trade name label for wine or wine products shall be fifty
56 dollars. Such fee shall be in the form of a check or draft. No annual
S. 8560 13
1 fee for registration of any brand or trade name label for wine shall be
2 required if it has been approved by the Alcohol and Tobacco Tax and
3 Trade Bureau of the United States Department of Treasury pursuant to
4 this section.
5 Each brand or trade name label registration approved pursuant to this
6 section shall be valid for a term of three years as set forth by the
7 authority and which shall be pro-rated for partial years as applicable.
8 Each brand or trade name label registration approved pursuant to this
9 section shall be valid only for the licensee to whom issued and shall
10 not be transferable.
11 (d) The authority may at any time exempt any discontinued brand from
12 such fee provisions where a manufacturer or wholesaler has an inventory
13 of one hundred cases or less of liquor or wine and five hundred cases or
14 less of beer, and certifies to the authority in writing that such brand
15 is being discontinued. The authority may also at any time exempt any
16 discontinued brand from such fee provisions where a retailer discontinu-
17 ing a brand owned by him has a balance of an order yet to be delivered
18 of fifty cases or less of liquor or wine, or two hundred fifty cases or
19 less of beer, mead, wine products or cider.
20 (e) The authority shall exempt from such fee provisions the registra-
21 tion of each brand or trade name label used for beer, mead or cider that
22 is produced in small size batches totaling fifteen hundred barrels or
23 less of beer, mead or cider annually.
24 § 25. This act shall take effect on the ninetieth day after it shall
25 have become a law, provided that the amendments to section 17 of the
26 alcoholic beverage control law made by section seven of this act shall
27 be subject to the expiration and reversion of such section pursuant to
28 section 4 of chapter 118 of the laws of 2012, as amended, when upon such
29 date the provisions of section eight of this act shall take effect.