Bill Text: NY S08560 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the production and sale of mead and braggot.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - APPROVAL MEMO.24 [S08560 Detail]
Download: New_York-2017-S08560-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8560--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to the production and control of mead; 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 3-c to read as follows: 3 3-c. "Braggot" shall mean a malt alcoholic beverage made primarily 4 from honey, water, and malt and/or hops; it may also contain fruits, 5 spices, herbs, grain or other agricultural products. Honey shall repre- 6 sent at least fifty-one percent of the starting fermentable sugars by 7 weight of the finished product. For the purposes of this chapter, brag- 8 got shall be designated and sold as a beer. 9 § 2. Subdivision 12-aa of section 3 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 12-aa. "Farm" means the land, buildings and equipment used to produce, 13 prepare and market crops, livestock and livestock products as a commer- 14 cial enterprise. For the purposes of a farm meadery, farm means the 15 land, buildings and equipment used to prepare and market honey and 16 apiary products as a commercial enterprise. A farm may consist of one or 17 more parcels of owned or rented land, which parcels may be contiguous or 18 noncontiguous to each other. 19 § 3. Section 3 of the alcoholic beverage control law is amended by 20 adding a new subdivision 12-aaaa to read as follows: 21 12-aaaa. "Farm meadery" means and includes any place or premises, 22 located on a farm in New York state, in which New York state labelled 23 mead or New York state labelled braggot is manufactured, stored and 24 sold, or any other place or premises in New York state in which New York EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15810-02-8S. 8560--A 2 1 state labelled mead or New York state labelled braggot is manufactured, 2 stored and sold. 3 § 4. Section 3 of the alcoholic beverage control law is amended by 4 adding a new subdivision 19-a to read as follows: 5 19-a. "Mead" shall mean a wine made primarily from honey and water; it 6 may also contain hops, fruits, spices, herbs, grain, or other agricul- 7 tural products. Honey shall represent at least fifty-one percent of the 8 starting fermentable sugars by weight of the finished product. The brand 9 or trade label owner of such alcoholic beverage shall designate whether 10 such alcoholic beverage shall be sold as and treated in the same manner 11 as wine or mead for all purposes under this chapter. Provided, however, 12 any mead containing more than eight and one-half per centum alcohol by 13 volume shall be designated, sold as, and treated in the same manner as 14 wine. 15 § 5. Section 3 of the alcoholic beverage control law is amended by 16 adding a new subdivision 20-f to read as follows: 17 20-f. "New York state labelled braggot" means braggot made exclusively 18 from honey produced in New York state. 19 § 6. Section 3 of the alcoholic beverage control law is amended by 20 adding a new subdivision 20-g to read as follows: 21 20-g. "New York state labelled mead" means mead made exclusively from 22 honey produced in New York state. 23 § 7. The alcoholic beverage control law is amended by adding a new 24 article 3 to read as follows: 25 ARTICLE 3 26 SPECIAL PROVISIONS RELATING TO MEAD AND BRAGGOT 27 Section 30. Mead producers' license. 28 31. Farm meadery license. 29 32. Authorization for sale of mead and braggot by retail licen- 30 sees. 31 33. Authorization for sale of mead and braggot by wholesale 32 licensees. 33 34. Mead and braggot tasting. 34 § 30. Mead producers' license. 1. Any person may apply to the liquor 35 authority for a mead producers' license as provided for in this section. 36 Such application shall be in writing and shall contain such information 37 as the liquor authority shall require. Such application shall be accom- 38 panied by a check or draft for the amount required by this subdivision 39 for such license. If the liquor authority shall grant the application it 40 shall issue a license in such form as shall be determined by its rules. 41 A license issued under this subdivision shall authorize the licensee to 42 manufacture mead and braggot within the licensed premises in this state 43 for sale in bottles, barrels or casks to beer, wine and liquor retail 44 licensees pursuant to section thirty-two of this article and to sell and 45 deliver mead and braggot to persons outside the state pursuant to the 46 laws of the place of such sale or delivery. The annual fee for such a 47 license shall be one hundred twenty-five dollars; provided, however, 48 that the annual fee for a farm meadery license shall be seventy-five 49 dollars. The provisions contained in section sixty-seven of this chapter 50 shall apply to all licenses issued pursuant to this article. 51 2. (a) Any person licensed pursuant to subdivision one of this section 52 may conduct mead tastings of New York state labelled meads in establish- 53 ments licensed pursuant to section sixty-three of this chapter to sell 54 alcoholic beverages for off-premises consumption. Such mead producer or 55 wholesaler may charge a fee of not more than twenty-five cents for eachS. 8560--A 3 1 mead sample tasted. The liquor authority shall promulgate rules and 2 regulations relating to the conduct of such tastings. 3 (b) Any person licensed pursuant to subdivision one of this section 4 may conduct tastings of New York state labelled mead and New York state 5 labeled braggot and apply to the liquor authority for a permit to sell 6 mead and braggot produced by such mead producer or wholesaler, by the 7 bottle, during such tastings in establishments licensed pursuant to 8 section sixty-four of this chapter to sell alcoholic beverages for 9 consumption on the premises. Such mead producer may charge a fee of not 10 more than twenty-five cents for each mead or braggot sample tasted. The 11 liquor authority shall promulgate rules and regulations relating to the 12 conduct of tastings. 13 (c) Mead and braggot tastings shall be conducted subject to the 14 following limitations: 15 (i) mead and braggot tastings shall be conducted by an official agent, 16 representative or solicitor of one or more mead producers or whole- 17 salers. Such agent, representative or solicitor shall be physically 18 present at all times during the conduct of the tastings; and 19 (ii) any liability stemming from a right of action resulting from a 20 mead and/or braggot tasting as authorized pursuant to this subdivision 21 and in accordance with the provisions of sections 11-100 and 11-101 of 22 the general obligations law, shall accrue to the mead producer or whole- 23 saler licensee. 24 3. A licensed mead producer producing New York state labelled mead 25 and/or New York state labelled braggot may: 26 (a) sell such mead and braggot to licensed farm distillers, farm 27 wineries, farm cideries and farm breweries. All such mead and braggot 28 sold by the licensee shall be securely sealed and have attached thereto 29 a label as shall be required by section one hundred seven-a of this 30 chapter; 31 (b) conduct tastings at the licensed premises of such mead and braggot 32 or any other New York state labeled mead or braggot; 33 (c) sell such mead and braggot at retail for consumption off the prem- 34 ises at the state fair, at recognized county fairs and at farmers 35 markets operated on a not-for-profit basis; 36 (d) sell and conduct tastings of such mead and braggot at retail for 37 consumption on the premises of a restaurant, conference center, inn, bed 38 and breakfast or hotel business owned and operated by the licensee in or 39 adjacent to its meadery. A licensee who operates a restaurant, confer- 40 ence center, inn, bed and breakfast or hotel pursuant to such authority 41 shall comply with all applicable provisions of this chapter which relate 42 to licenses to sell mead at retail for consumption on the premises; 43 (e) apply for a permit to conduct tastings away from the licensed 44 premises of such mead and braggot. Such permit shall be valid throughout 45 the state and may be issued on an annual basis or for individual events. 46 Each such permit and the exercise of the privilege granted thereby shall 47 be subject to such rules and conditions of the authority as it deems 48 necessary. Tastings shall be conducted subject to the following condi- 49 tions: 50 (i) tastings shall be conducted by an official agent, representative 51 or solicitor of the licensee. Such agent, representative or solicitor 52 shall be physically present at all times during the conduct of the tast- 53 ings; and 54 (ii) any liability stemming from a right of action resulting from a 55 tasting of mead or braggot as authorized herein and in accordance withS. 8560--A 4 1 the provisions of sections 11-100 and 11-101 of the general obligations 2 law, shall accrue to the licensee. 3 (f) if it holds a tasting permit issued pursuant to paragraph (e) of 4 this subdivision, apply to the authority for a permit to sell such mead, 5 for consumption off the premises, during such tastings in premises 6 licensed under section sixty-four or sixty-four-a of this chapter; or 7 apply to the authority for a permit to sell such mead and/or braggot at 8 a premises licensed under section eighty-one or eighty-one-a of this 9 chapter. Each such permit and the exercise of the privilege granted 10 thereby shall be subject to such rules and conditions of the authority 11 as it deems necessary. 12 4. A mead producer shall manufacture at least fifty gallons of mead 13 and/or braggot annually. 14 § 31. Farm meadery license. 1. Any person may apply to the authority 15 for a farm meadery license as provided for in this section to produce 16 mead and braggot within this state for sale. Such application shall be 17 in writing and verified and shall contain such information as the 18 authority shall require. Such application shall be accompanied by a 19 check or draft in the amount of seventy-five dollars. If the authority 20 grants the application, it shall issue a license in such form as shall 21 be determined by its rules. Such license shall contain a description of 22 the licensed premises and in form and in substance shall be a license to 23 the person therein specifically designated to produce mead and braggot 24 in the premises therein specifically licensed. 25 2. A farm meadery license shall authorize the holder thereof to oper- 26 ate a meadery for the manufacture of New York state labelled mead and 27 New York state labelled braggot. Such a license shall also authorize the 28 licensee to: 29 (a) sell in bulk mead and braggot manufactured by the licensee to any 30 person licensed to manufacture alcoholic beverages in this state or to a 31 permittee engaged in the manufacture of products which are unfit for 32 beverage use; 33 (b) sell or deliver mead and braggot manufactured by the licensee to 34 persons outside the state pursuant to the laws of the place of such 35 delivery; 36 (c) sell mead and braggot manufactured by the licensee to wholesalers 37 and retailers licensed in this state to sell such mead and braggot 38 pursuant to section thirty-three of this article, licensed farm distil- 39 lers, licensed farm wineries, licensed wineries, licensed farm breweries 40 and any other licensed farm meadery. All such mead 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 (d) (i) at the licensed premises, conduct tastings of, and sell at 44 retail for consumption on or off the licensed premises, any mead and 45 braggot manufactured by the licensee or any New York state labelled mead 46 or New York state labelled braggot. Provided, however, for tastings and 47 sales for on-premises consumption, the licensee shall regularly keep 48 food available for sale or service to its retail customers for consump- 49 tion on the premises. A licensee providing the following shall be deemed 50 in compliance with this provision: (A) sandwiches, soups or other such 51 foods, whether fresh, processed, pre-cooked or frozen; and/or (B) food 52 items intended to complement the tasting of alcoholic beverages, which 53 shall mean a diversified selection of food that is ordinarily consumed 54 without the use of tableware and can be conveniently consumed while 55 standing or walking, including but not limited to: cheeses, fruits, 56 vegetables, chocolates, breads, mustards and crackers. All of theS. 8560--A 5 1 provisions of this chapter relative to licensees selling mead and brag- 2 got at retail shall apply; and 3 (ii) operate a restaurant, hotel, catering establishment, or other 4 food and drinking establishment in or adjacent to the licensed premises 5 and sell at such place, at retail for consumption on the premises, mead 6 and braggot manufactured by the licensee and any New York state labelled 7 mead or New York state labeled braggot. All of the provisions of this 8 chapter relative to licensees to selling mead and braggot at retail 9 shall apply. Notwithstanding any other provision of law, the licensed 10 farm meadery may apply to the authority for a license under this chapter 11 to sell other alcoholic beverages at retail for consumption on the prem- 12 ises at such establishment; 13 (e) sell mead and braggot manufactured by the licensee or any other 14 licensed farm meadery at retail for consumption off the premises, at the 15 state fair, at recognized county fairs and at farmers markets operated 16 on a not-for-profit basis; 17 (f) conduct tastings of and sell at retail for consumption on or off 18 the premises New York state labeled beer manufactured by a licensed 19 brewery or licensed farm brewery; 20 (g) conduct tastings of and sell at retail for consumption on or off 21 the premises New York state labelled wine manufactured by a licensed 22 winery or licensed farm winery; 23 (h) conduct tastings of and sell at retail for consumption on or off 24 the premises New York state labelled liquor manufactured by a licensed 25 distiller or licensed farm distiller; provided, however, that no consum- 26 er may be provided, directly or indirectly: (i) with more than three 27 samples of liquor for tasting in one calendar day; or (ii) with a sample 28 of liquor for tasting equal to more than one-quarter fluid ounce; and 29 (i) engage in any other business on the licensed premises subject to 30 such rules and regulations as the authority may prescribe. Such rules 31 and regulations shall determine which businesses will be compatible with 32 the policy and purposes of this chapter and shall consider the effect of 33 particular businesses on the community and area in the vicinity of the 34 farm meadery licensee. 35 3. (a) A farm meadery licensee may apply for a permit to conduct tast- 36 ings away from the licensed premises of mead and braggot produced by the 37 licensee. Such permit shall be valid throughout the state and may be 38 issued on an annual basis or for individual events. Each such permit and 39 the exercise of the privilege granted thereby shall be subject to such 40 rules and conditions of the authority as it deems necessary. 41 (b) Tastings shall be conducted subject to the following limitations: 42 (i) tastings shall be conducted by an official agent, representative 43 or solicitor of one or more farm meaderies. Such agent, representative 44 or solicitor shall be physically present at all times during the conduct 45 of the tastings; and 46 (ii) any liability stemming from a right of action resulting from a 47 tasting of mead or braggot as authorized herein and in accordance with 48 the provisions of sections 11-100 and 11-101 of the general obligations 49 law, shall accrue to the farm meadery. 50 4. A licensed farm meadery holding a tasting permit issued pursuant to 51 subdivision three of this section may apply to the authority for a 52 permit to sell mead produced by such farm meadery, by the bottle, during 53 such tastings in premises licensed under section sixty-four or sixty- 54 four-a of this chapter; or apply to the authority for a permit to sell 55 such mead and/or braggot at a premises licensed under section eighty-one 56 or eighty-one-a of this chapter. Each such permit and the exercise ofS. 8560--A 6 1 the privilege granted thereby shall be subject to such rules and condi- 2 tions of the authority as it deems necessary. 3 5. A licensed farm meadery may, under such rules as may be adopted by 4 the authority, sell mead and braggot manufactured by the licensee or any 5 other licensed farm meadery at retail in bulk by the keg, cask or barrel 6 for consumption and not for resale at a clam-bake, barbeque, picnic, 7 outing or other similar outdoor gathering at which more than fifty 8 persons are assembled. 9 6. A licensed farm meadery may apply to the authority for a license to 10 sell beer, liquor and/or wine at retail for consumption on the premises 11 in a restaurant owned, conducted, and operated by the licensee in or 12 adjacent to its farm meadery. All of the provisions of this chapter 13 relative to licenses to sell beer, liquor or wine at retail or consump- 14 tion on the premises shall apply so far as applicable. 15 7. A farm meadery license shall authorize the holder thereof to manu- 16 facture, bottle and sell food condiments and products such as honey, 17 mustards, sauces, jams, jellies, mulling spices and other mead related 18 foods in addition to other such food and crafts on and from the licensed 19 premises. Such license shall authorize the holder thereof to store and 20 sell gift items in a tax-paid room upon the licensed premises incidental 21 to the sale of mead and braggot. These gift items shall be limited to 22 the following categories: 23 (a) non-alcoholic beverages for consumption on or off premises, 24 including but not limited to bottled water, juice and soda beverages; 25 (b) food items for the purpose of complementing mead and braggot tast- 26 ings, which shall mean a diversified selection of food that is ordinar- 27 ily consumed without the use of tableware and can be conveniently 28 consumed while standing or walking. Such food items shall include but 29 not be limited to: cheeses, fruits, vegetables, chocolates, breads, 30 baked goods, mustards and crackers; 31 (c) food items, which shall include locally produced farm products and 32 any food or food product not specifically prepared for immediate 33 consumption upon the premises. Such food items may be combined into a 34 package containing mead and/or braggot related products; 35 (d) mead and braggot supplies and accessories, which shall include any 36 item utilized for the storage, serving or consumption of mead or braggot 37 or for decorative purposes. These supplies may be sold as single items 38 or may be combined into a package containing mead and/or braggot; 39 (e) mead-making and braggot-making equipment and supplies including, 40 but not limited to, honey, home mead-making kits, braggot-making kits, 41 pumps, filters, yeasts, chemicals and other mead and braggot additives, 42 bottling equipment, bottles, mead and braggot storage and fermenting 43 vessels, barrels, and books or other written material to assist mead- 44 makers and braggot-makers and home mead-makers and braggot-makers to 45 produce and bottle mead and braggot; 46 (f) souvenir items, which shall include, but not be limited to 47 artwork, crafts, clothing, agricultural products and any other articles 48 which can be construed to propagate tourism within the region. 49 8. Notwithstanding any provision of this chapter to the contrary, any 50 farm meadery licensee may charge for tours of its premises. 51 9. The holder of a license issued under this section may operate up to 52 five branch offices located away from the licensed farm meadery. Such 53 locations shall be considered part of the licensed premises and all 54 activities allowed at and limited to the farm meadery may be conducted 55 at the branch offices. Such branch offices shall not be located within, 56 share a common entrance and exit with, or have any interior access toS. 8560--A 7 1 any other business, including premises licensed to sell alcoholic bever- 2 ages at retail. Prior to commencing operation of any such branch office, 3 the licensee shall notify the authority of the location of such branch 4 office and the authority may issue a permit for the operation of same. 5 10. (a) No farm meadery shall manufacture in excess of two hundred 6 fifty thousand gallons of mead and/or braggot annually. 7 (b) A licensed farm meadery shall produce at least fifty gallons of 8 mead and/or braggot annually. 9 11. Notwithstanding any contrary provision of law or of any rule or 10 regulation promulgated pursuant thereto, and in addition to the activ- 11 ities which may otherwise be carried out by any person licensed under 12 this section, such person may, on the premises designated in such 13 license: 14 (a) produce, package, bottle, sell and deliver soft drinks and other 15 non-alcoholic beverages, vitamins, and other by-products; 16 (b) recover carbon dioxide and yeast; 17 (c) store bottles, packages and supplies necessary or incidental to 18 all such operations; 19 (d) package, bottle, sell and deliver wine products; 20 (e) allow for the premises including space and equipment to be rented 21 by a licensed tenant mead producer for the purposes of alternation. 22 12. Notwithstanding any other provision of this chapter, the authority 23 may issue a farm meadery license to the holder of a farm meadery, farm 24 brewery, farm winery or farm distiller's license for use at such 25 licensee's existing licensed premises. The holder of a farm meadery, 26 farm brewery, farm winery or farm distiller's license that simultaneous- 27 ly holds a farm meadery license on an adjacent premises may share and 28 use the same tasting room facilities to conduct any tastings that such 29 licensee is otherwise authorized to conduct. 30 13. The authority is hereby authorized to promulgate rules and regu- 31 lations to effectuate the purposes of this section. In prescribing such 32 rules and regulations, the authority shall promote the expansion and 33 profitability of mead and braggot production and of tourism in New York, 34 thereby promoting the conservation, production and enhancement of New 35 York state agricultural lands. 36 § 32. Authorization for sale of mead and braggot by retail licensees. 37 1. Each retail licensee under this chapter shall have the right, by 38 virtue of his or her license and without being required to pay any addi- 39 tional fee for the privilege, to sell at retail for consumption on or 40 off the premises, as the case may be, mead which has not been designated 41 as a wine pursuant to subdivision nineteen-a of section three of this 42 chapter and has been purchased from a person licensed to produce or sell 43 mead at wholesale under this chapter. 44 2. Each retail licensee authorized to sell wine under this chapter 45 shall have the right, by virtue of his or her license and without being 46 required to pay any additional fee for the privilege, to sell at retail 47 for consumption on or off the premises, as the case may be, mead which 48 has been designated as a wine pursuant to subdivision nineteen-a of 49 section three of this chapter and which has been purchased from a person 50 licensed to produce or sell mead at wholesale under this chapter. 51 3. Each retail licensee authorized to sell beer under this chapter 52 shall have the right, by virtue of his or her license and without being 53 required to pay any additional fee for the privilege, to sell at retail 54 for consumption on or off the premises, as the case may be, braggot 55 which has been purchased from a person licensed to produce or sell brag- 56 got at wholesale under this chapter.S. 8560--A 8 1 § 33. Authorization for sale of mead and braggot by wholesale licen- 2 sees. 1. Each wholesale licensee authorized to sell beer under this 3 chapter shall have the right, by virtue of its license and without being 4 required to pay any additional fee for the privilege, to sell at whole- 5 sale: 6 (a) braggot purchased from a person licensed to produce braggot under 7 this chapter. Such braggot shall be subject to the provisions of this 8 chapter regarding the tasting and sale of beer at wholesale and retail; 9 or 10 (b) mead purchased from a person licensed to produce mead and which 11 has not been designated as wine pursuant to subdivision nineteen-a of 12 section three of this chapter. Such mead shall be subject to the 13 provisions of this chapter regarding the tasting and sale of beer at 14 wholesale and retail. 15 2. Each wholesale licensee authorized to sell wine under this chapter 16 shall have the right, by virtue or its license and without being 17 required to pay any additional fee for the privilege, to sell at whole- 18 sale mead purchased from a person licensed to produce mead and which has 19 been designated as wine pursuant to subdivision nineteen-a of section 20 three of this chapter. Such mead shall be subject to the provisions of 21 this chapter regarding the tasting and sale or wine at wholesale and 22 retail. 23 § 34. Mead and braggot tasting. Any person holding a retail license 24 under this chapter shall be permitted to conduct consumer tastings of 25 mead and braggot upon such person's licensed premises. All such tastings 26 shall be subject to the following limitations: 27 1. Tastings of mead and braggot shall be conducted by the licensee or 28 an authorized agent of the licensee. Provided, however, a licensed 29 wholesaler shall not serve as the authorized agent for another entity, 30 nor shall a licensed wholesaler be involved in any manner with a mead or 31 braggot tasting conducted by another entity. 32 2. No more than three samples of mead and/or braggot may be provided 33 to a person in one calendar day. 34 3. No sample may exceed three fluid ounces. 35 4. No tasting shall be held during the hours prohibited by the 36 provisions of sections one hundred five and one hundred five-a of this 37 chapter. 38 5. Any liability stemming from a right of action resulting from a 39 tasting authorized by this section and in accordance with the provisions 40 of sections 11-100 and 11-101 of the general obligations law shall 41 accrue to the licensee. 42 6. No person under the age of twenty-one shall be permitted to serve a 43 sample or handle an open container of mead or braggot. 44 § 8. Subdivision 3 of section 17 of the alcoholic beverage control 45 law, as amended by section 3 of chapter 297 of the laws of 2016, is 46 amended to read as follows: 47 3. To revoke, cancel or suspend for cause any license or permit issued 48 under this chapter and/or to impose a civil penalty for cause against 49 any holder of a license or permit issued pursuant to this chapter. Any 50 civil penalty so imposed shall not exceed the sum of ten thousand 51 dollars as against the holder of any retail permit issued pursuant to 52 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 53 paragraph f of subdivision one of section ninety-nine-b of this chapter, 54 and as against the holder of any retail license issued pursuant to 55 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty- 56 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,S. 8560--A 9 1 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a 2 of this chapter, and the sum of thirty thousand dollars as against the 3 holder of a license issued pursuant to sections thirty, thirty-one, 4 fifty-three, sixty-one-a, sixty-one-b, seventy-six, seventy-six-a, and 5 seventy-eight of this chapter, provided that the civil penalty against 6 the holder of a wholesale license issued pursuant to section fifty-three 7 of this chapter shall not exceed the sum of ten thousand dollars where 8 that licensee violates provisions of this chapter during the course of 9 the sale of beer at retail to a person for consumption at home, and the 10 sum of one hundred thousand dollars as against the holder of any license 11 issued pursuant to sections fifty-one, sixty-one, and sixty-two of this 12 chapter. Any civil penalty so imposed shall be in addition to and sepa- 13 rate and apart from the terms and provisions of the bond required pursu- 14 ant to section one hundred twelve of this chapter. Provided that no 15 appeal is pending on the imposition of such civil penalty, in the event 16 such civil penalty imposed by the division remains unpaid, in whole or 17 in part, more than forty-five days after written demand for payment has 18 been sent by first class mail to the address of the licensed premises, a 19 notice of impending default judgment shall be sent by first class mail 20 to the licensed premises and by first class mail to the last known home 21 address of the person who signed the most recent license application. 22 The notice of impending default judgment shall advise the licensee: (a) 23 that a civil penalty was imposed on the licensee; (b) the date the 24 penalty was imposed; (c) the amount of the civil penalty; (d) the amount 25 of the civil penalty that remains unpaid as of the date of the notice; 26 (e) the violations for which the civil penalty was imposed; and (f) that 27 a judgment by default will be entered in the supreme court of the county 28 in which the licensed premises are located, or other court of civil 29 jurisdiction or any other place provided for the entry of civil judg- 30 ments within the state of New York unless the division receives full 31 payment of all civil penalties due within twenty days of the date of the 32 notice of impending default judgment. If full payment shall not have 33 been received by the division within thirty days of mailing of the 34 notice of impending default judgment, the division shall proceed to 35 enter with such court a statement of the default judgment containing the 36 amount of the penalty or penalties remaining due and unpaid, along with 37 proof of mailing of the notice of impending default judgment. The filing 38 of such judgment shall have the full force and effect of a default judg- 39 ment duly docketed with such court pursuant to the civil practice law 40 and rules and shall in all respects be governed by that chapter and may 41 be enforced in the same manner and with the same effect as that provided 42 by law in respect to execution issued against property upon judgments of 43 a court of record. A judgment entered pursuant to this subdivision shall 44 remain in full force and effect for eight years notwithstanding any 45 other provision of law. 46 § 9. Subdivision 3 of section 17 of the alcoholic beverage control 47 law, as amended by section 4 of chapter 297 of the laws of 2016, is 48 amended to read as follows: 49 3. To revoke, cancel or suspend for cause any license or permit issued 50 under this chapter and/or to impose a civil penalty for cause against 51 any holder of a license or permit issued pursuant to this chapter. Any 52 civil penalty so imposed shall not exceed the sum of ten thousand 53 dollars as against the holder of any retail permit issued pursuant to 54 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 55 paragraph f of subdivision one of section ninety-nine-b of this chapter, 56 and as against the holder of any retail license issued pursuant toS. 8560--A 10 1 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty- 2 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 3 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a 4 of this chapter, and the sum of thirty thousand dollars as against the 5 holder of a license issued pursuant to sections thirty, thirty-one, 6 fifty-three, sixty-one-a, sixty-one-b, seventy-six, seventy-six-a and 7 seventy-eight of this chapter, provided that the civil penalty against 8 the holder of a wholesale license issued pursuant to section fifty-three 9 of this chapter shall not exceed the sum of ten thousand dollars where 10 that licensee violates provisions of this chapter during the course of 11 the sale of beer at retail to a person for consumption at home, and the 12 sum of one hundred thousand dollars as against the holder of any license 13 issued pursuant to sections fifty-one, sixty-one and sixty-two of this 14 chapter. Any civil penalty so imposed shall be in addition to and sepa- 15 rate and apart from the terms and provisions of the bond required pursu- 16 ant to section one hundred twelve of this chapter. Provided that no 17 appeal is pending on the imposition of such civil penalty, in the event 18 such civil penalty imposed by the division remains unpaid, in whole or 19 in part, more than forty-five days after written demand for payment has 20 been sent by first class mail to the address of the licensed premises, a 21 notice of impending default judgment shall be sent by first class mail 22 to the licensed premises and by first class mail to the last known home 23 address of the person who signed the most recent license application. 24 The notice of impending default judgment shall advise the licensee: (a) 25 that a civil penalty was imposed on the licensee; (b) the date the 26 penalty was imposed; (c) the amount of the civil penalty; (d) the amount 27 of the civil penalty that remains unpaid as of the date of the notice; 28 (e) the violations for which the civil penalty was imposed; and (f) that 29 a judgment by default will be entered in the supreme court of the county 30 in which the licensed premises are located, or other court of civil 31 jurisdiction, or any other place provided for the entry of civil judg- 32 ments within the state of New York unless the division receives full 33 payment of all civil penalties due within twenty days of the date of the 34 notice of impending default judgment. If full payment shall not have 35 been received by the division within thirty days of mailing of the 36 notice of impending default judgment, the division shall proceed to 37 enter with such court a statement of the default judgment containing the 38 amount of the penalty or penalties remaining due and unpaid, along with 39 proof of mailing of the notice of impending default judgment. The filing 40 of such judgment shall have the full force and effect of a default judg- 41 ment duly docketed with such court pursuant to the civil practice law 42 and rules and shall in all respects be governed by that chapter and may 43 be enforced in the same manner and with the same effect as that provided 44 by law in respect to execution issued against property upon judgments of 45 a court of record. A judgment entered pursuant to this subdivision shall 46 remain in full force and effect for eight years notwithstanding any 47 other provision of law. 48 § 10. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (l) 49 of subdivision 2 of section 51-a of the alcoholic beverage control law, 50 paragraphs (a), (b), (c), (f), (h), (i) and (l) as added by chapter 108 51 of the laws of 2012, paragraph (d) as amended and paragraph (l) as 52 relettered by chapter 384 of the laws of 2013, paragraph (e) as amended 53 by chapter 328 of the laws of 2016, paragraph (g) as amended by chapter 54 431 of the laws of 2014, are amended to read as follows: 55 (a) manufacture New York state labelled cider and New York state 56 labeled braggot;S. 8560--A 11 1 (b) sell in bulk beer [and], cider, and braggot manufactured by the 2 licensee to any person licensed to manufacture alcoholic beverages in 3 this state or to a permittee engaged in the manufacture of products 4 which are unfit for beverage use; 5 (c) sell or deliver beer [and], cider, and braggot manufactured by the 6 licensee to persons outside the state pursuant to the laws of the place 7 of such delivery; 8 (d) sell beer [and], cider, and braggot manufactured by the licensee 9 to wholesalers and retailers licensed in this state to sell such beer 10 [and], cider, and braggot, licensed farm distillers, licensed farm 11 wineries, licensed farm cideries, licensed farm meaderies and any other 12 licensed farm brewery. All such beer [and], cider, and braggot sold by 13 the licensee shall be securely sealed and have attached thereto a label 14 as shall be required by section one hundred seven-a of this chapter; 15 (e) sell at the licensed premises beer [and], cider, and braggot manu- 16 factured by the licensee or any other licensed farm brewery, and wine 17 and spirits manufactured by any licensed farm winery or farm distillery, 18 at retail for consumption on or off the licensed premises; 19 (f) conduct tastings at the licensed premises of beer [and], cider, 20 and braggot manufactured by the licensee or any other licensed farm 21 brewery; 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, beer 25 [and], cider, and braggot manufactured by the licensee and any New York 26 state labeled beer, New York state labeled braggot or New York state 27 labeled cider. All of the provisions of this chapter relative to 28 licenses to sell beer, cider, and braggot at retail for consumption on 29 and off the premises shall apply so far as applicable to such licensee. 30 Notwithstanding any other provision of law, the licensed farm brewery 31 may apply to the authority for a license under this chapter to sell 32 other alcoholic beverages at retail for consumption on the premises at 33 such establishment; 34 (h) sell beer [and], cider, and braggot manufactured by the licensee 35 or any other licensed farm brewery at retail for consumption off the 36 premises, at the state fair, at recognized county fairs and at farmers 37 markets operated on a not-for-profit basis; 38 (i) conduct tastings of and sell at retail for consumption off the 39 premises New York state labelled wine and mead manufactured by a 40 [licensed winery or licensed farm winery] person licensed to produce 41 wine or mead under this chapter; 42 (l) conduct tastings of and sell at retail for consumption off the 43 premises New York state labelled braggot manufactured by a person 44 licensed to produce braggot under this chapter; and 45 (m) engage in any other business on the licensed premises subject to 46 such rules and regulations as the authority may prescribe. Such rules 47 and regulations shall determine which businesses will be compatible with 48 the policy and purposes of this chapter and shall consider the effect of 49 particular businesses on the community and area in the vicinity of the 50 farm brewery licensee. 51 § 11. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi- 52 sion 3 of section 51-a of the alcoholic beverage control law, as added 53 by chapter 108 of the laws of 2012, are amended to read as follows: 54 (a) A farm brewery licensee may apply for a permit to conduct tastings 55 away from the licensed premises of beer [and], cider, and braggot 56 produced by the licensee. Such permit shall be valid throughout theS. 8560--A 12 1 state and may be issued on an annual basis or for individual events. 2 Each such permit and the exercise of the privilege granted thereby shall 3 be subject to such rules and conditions of the authority as it deems 4 necessary. 5 (ii) any liability stemming from a right of action resulting from a 6 tasting of beer [or], cider, or braggot as authorized herein and in 7 accordance with the provisions of sections 11-100 and 11-101 of the 8 general obligations law, shall accrue to the farm brewery. 9 § 12. Subdivision 4 of section 51-a of the alcoholic beverage control 10 law, as added by chapter 108 of the laws of 2012, is amended to read as 11 follows: 12 4. A licensed farm brewery holding a tasting permit issued pursuant to 13 subdivision three of this section may apply to the authority for a 14 permit to sell beer [and], cider, and braggot produced by such farm 15 brewery, by the bottle, during such tastings in premises licensed under 16 sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of this 17 chapter. Each such permit and the exercise of the privilege granted 18 thereby shall be subject to such rules and conditions of the authority 19 as it deems necessary. 20 § 13. Subdivision 10 of section 51-a of the alcoholic beverage control 21 law, as amended by chapter 431 of the laws of 2014, is amended to read 22 as follows: 23 10. (a) No farm brewery shall manufacture in excess of seventy-five 24 thousand finished barrels of beer [and], cider, and braggot annually. 25 (b) A farm brewery shall manufacture at least fifty barrels of beer 26 [and], cider, and braggot annually. 27 § 14. Subdivisions 1 and 2 of section 56-a of the alcoholic beverage 28 control law, as amended by chapter 422 of the laws of 2016, are amended 29 to read as follows: 30 1. In addition to the annual fees provided for in this chapter, there 31 shall be paid to the authority with each initial application for a 32 license filed pursuant to section thirty, thirty-one, fifty-one, fifty- 33 one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c, 34 fifty-eight-d, sixty-one, sixty-two, seventy-six, seventy-seven or 35 seventy-eight of this chapter, a filing fee of four hundred dollars; 36 with each initial application for a license filed pursuant to section 37 sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a 38 filing fee of two hundred dollars; with each initial application for a 39 license filed pursuant to section fifty-three-a, fifty-four, fifty-five, 40 fifty-five-a, seventy-nine, eighty-one or eighty-one-a of this chapter, 41 a filing fee of one hundred dollars; with each initial application for a 42 permit filed pursuant to section ninety-one, ninety-one-a, ninety-two, 43 ninety-two-a, ninety-three, ninety-three-a, if such permit is to be 44 issued on a calendar year basis, ninety-four, ninety-five, ninety-six or 45 ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one 46 of section ninety-nine-b of this chapter if such permit is to be issued 47 on a calendar year basis, or for an additional bar pursuant to subdivi- 48 sion four of section one hundred of this chapter, a filing fee of twenty 49 dollars; and with each application for a permit under section ninety- 50 three-a of this chapter, other than a permit to be issued on a calendar 51 year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety- 52 nine-b of this chapter, other than a permit to be issued pursuant to 53 paragraph b, c, e or j of subdivision one of section ninety-nine-b of 54 this chapter on a calendar year basis, a filing fee of ten dollars. 55 2. In addition to the annual fees provided for in this chapter, there 56 shall be paid to the authority with each renewal application for aS. 8560--A 13 1 license filed pursuant to section thirty, thirty-one, fifty-one, fifty- 2 one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c, 3 fifty-eight-d, sixty-one, sixty-two, seventy-six, seventy-seven or 4 seventy-eight of this chapter, a filing fee of one hundred dollars; with 5 each renewal application for a license filed pursuant to section sixty- 6 three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a 7 filing fee of ninety dollars; with each renewal application for a 8 license filed pursuant to section seventy-nine, eighty-one or eighty- 9 one-a of this chapter, a filing fee of twenty-five dollars; and with 10 each renewal application for a license or permit filed pursuant to 11 section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one, 12 ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if 13 such permit is issued on a calendar year basis, ninety-four, ninety- 14 five, ninety-six or ninety-six-a of this chapter or pursuant to para- 15 graph b, c, e or j of subdivision one of section ninety-nine-b, if such 16 permit is issued on a calendar year basis, or with each renewal applica- 17 tion for an additional bar pursuant to subdivision four of section one 18 hundred of this chapter, a filing fee of thirty dollars. 19 § 15. Paragraph (j) of subdivision 2 of section 58-c of the alcoholic 20 beverage control law, as amended by chapter 327 of the laws of 2016, is 21 amended and two new paragraphs (j-1) and (j-2) are added to read as 22 follows: 23 (j) conduct tastings of and sell at retail for consumption on or off 24 the premises New York state labelled liquor manufactured by a licensed 25 distiller or licensed farm distiller; provided, however, that no consum- 26 er may be provided, directly or indirectly: (i) with more than three 27 samples of liquor for tasting in one calendar day; or (ii) with a sample 28 of liquor for tasting equal to more than one-quarter fluid ounce; [and] 29 (j-1) conduct tastings of and sell at retail for consumption on or off 30 the premises New York state labelled mead manufactured by a person 31 licensed to produce mead under this chapter; 32 (j-2) conduct tastings of and sell at retail for consumption on or off 33 the premises New York state labelled braggot manufactured by a person 34 licensed to produce braggot under this chapter; and 35 § 16. Subparagraphs (vi) and (vii) of paragraph (a) of subdivision 2-c 36 of section 61 of the alcoholic beverage control law, as amended by chap- 37 ter 103 of the laws of 2017, are amended and two new subparagraphs 38 (viii) and (ix) are added to read as follows: 39 (vi) To conduct tastings of and sell at retail for consumption on or 40 off the premises New York state labelled cider manufactured by a 41 licensed brewer, licensed farm brewery, licensed farm winery, licensed 42 cider producer or licensed farm cidery; [and] 43 (vii) To conduct tastings of and sell at retail for consumption on or 44 off the premises New York state labelled wine manufactured by a licensed 45 winery or licensed farm winery[.]; 46 (viii) To conduct tastings of and sell at retail for consumption on or 47 off the premises New York state labelled mead manufactured by a person 48 licensed to produce mead under this chapter; and 49 (ix) To conduct tastings of and sell at retail for consumption on or 50 off the premises New York state labelled braggot manufactured by a 51 person licensed to produce braggot under this chapter. 52 § 17. Paragraphs (a), (b), (c) and (d) of subdivision 2 of section 76 53 of the alcoholic beverage control law, as amended by chapter 108 of the 54 laws of 2012, are amended to read as follows: 55 (a) to operate a winery for the manufacture of wine and mead at the 56 premises specifically designated in the license;S. 8560--A 14 1 (b) to receive and possess wine and mead from other states consigned 2 to a United States government bonded winery, warehouse or storeroom 3 located within the state; 4 (c) to sell in bulk from the licensed premises the products manufac- 5 tured under such license and wine and mead received by such licensee 6 from any other state to any winery licensee, or meadery license any 7 distiller licensee or to a permittee engaged in the manufacture of 8 products which are unfit for beverage use and to sell or deliver such 9 wine or mead to persons outside the state pursuant to the laws of the 10 place of such sale or delivery; 11 (d) to sell from the licensed premises to a licensed wholesaler or 12 retailer, or to a corporation operating railroad cars or aircraft for 13 consumption on such carriers, wine and mead manufactured or received by 14 the licensee as above set forth in the original sealed containers of not 15 more than fifteen gallons each and to sell or deliver such wine and mead 16 to persons outside the state pursuant to the laws of the place of such 17 sale or delivery. All wine and mead sold by such licensee shall be 18 securely sealed and have attached thereto a label setting forth such 19 information as shall be required by this chapter; 20 § 18. Subdivision 4-a of section 76 of the alcoholic beverage control 21 law, as amended by chapter 431 of the laws of 2014, is amended to read 22 as follows: 23 4-a. A licensed winery may operate a restaurant, hotel, catering 24 establishment, or other food and drinking establishment in or adjacent 25 to the licensed premises and sell at such place, at retail for consump- 26 tion on the premises, wine, mead and wine products manufactured by the 27 licensee and any New York state labeled wine, mead or New York state 28 labeled wine product. All of the provisions of this chapter relative to 29 licenses to sell wine at retail for consumption on the premises shall 30 apply so far as applicable to such licensee. Notwithstanding any other 31 provision of law, the licensed winery may apply to the authority for a 32 license under article four of this chapter to sell other alcoholic 33 beverages at retail for consumption on the premises at such establish- 34 ment. 35 § 19. Subdivision 13 of section 76 of the alcoholic beverage control 36 law, as added by chapter 221 of the laws of 2011, is amended to read as 37 follows: 38 13. Notwithstanding any other provision of law to the contrary, a 39 winery licensed pursuant to this section may engage in custom wine 40 production allowing individuals to assist in the production of wine or 41 mead for sale for personal or family use, provided, however, that (a) 42 the wine or mead must be purchased by the individual assisting in the 43 production of such wine or mead; and (b) the owner, employee or agent of 44 such winery shall be present at all times during such production. 45 § 20. Subdivision 14 of section 76 of the alcoholic beverage control 46 law, as added by chapter 431 of the laws of 2014, is amended to read as 47 follows: 48 14. Any person licensed under this section shall manufacture at least 49 fifty gallons of wine and/or mead per year. 50 § 21. Paragraphs (a), (c), (e) and (f) of subdivision 2 of section 51 76-a of the alcoholic beverage control law, paragraph (a) as added by 52 chapter 221 of the laws of 2011, paragraph (c) as amended by chapter 384 53 of the laws of 2013, paragraph (e) as amended by chapter 328 of the laws 54 of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014, 55 are amended to read as follows:S. 8560--A 15 1 (a) operate a farm winery for the manufacture of wine, New York state 2 labeled mead or New York state labeled cider at the premises specif- 3 ically designated in the license; 4 (c) sell from the licensed premises to a licensed winery, farm distil- 5 ler, farm brewery, farm cidery, farm meadery, wholesaler or retailer, or 6 to a corporation operating railroad cars or aircraft for consumption on 7 such carriers, or at retail for consumption off the premises, wine [or], 8 cider, or mead manufactured by the licensee as above set forth and to 9 sell or deliver such wine or cider to persons outside the state pursuant 10 to the laws of the place of such sale or delivery. All wine [or], cider, 11 or mead sold by such licensee for consumption off the premises shall be 12 securely sealed and have attached thereto a label setting forth such 13 information as shall be required by this chapter; 14 (e) conduct tastings of and sell at the licensed premises [cider and15wine], at retail for consumption on or off the licensed premises alco- 16 holic beverages manufactured by the licensee or any other licensed farm 17 winery[, and]; New York state labeled wine manufactured by any licensed 18 winery; New York state labeled beer manufactured by any licensed brewer 19 or farm brewery; New York state labeled cider manufactured by any 20 licensed cider producer, farm cidery or farm brewery; New York state 21 labeled mead manufactured by any licensed farm meadery, winery or farm 22 winery; New York state labeled braggot manufactured by any licensed 23 meadery, brewery or farm brewery and [spirits] New York state labeled 24 liquor manufactured by any licensed [farm brewery or] distiller or farm 25 distillery[, at retail for consumption on or off the licensed premises]; 26 (f) operate a restaurant, hotel, catering establishment, or other food 27 and drinking establishment in or adjacent to the licensed premises and 28 sell at such place, at retail for consumption on the premises, wine, 29 cider [and wine products], and mead manufactured by the licensee and any 30 New York state labeled wine, New York state labeled cider, New York 31 state labeled mead or New York state labeled wine product. All of the 32 provisions of this chapter relative to licenses to sell wine at retail 33 for consumption on the premises shall apply so far as applicable to such 34 licensee. Notwithstanding any other provision of law, the licensed farm 35 winery may apply to the authority for a license under [article four of] 36 this chapter to sell other alcoholic beverages at retail for consumption 37 on the premises at such establishment. 38 § 22. Paragraphs (f), (g) and (h) of subdivision 6 of section 76-a of 39 the alcoholic beverage control law are REPEALED. 40 § 23. Subdivision 8 of section 76-a of the alcoholic beverage control 41 law, as amended by chapter 431 of the laws of 2014, is amended to read 42 as follows: 43 8. (a) No licensed farm winery shall manufacture in excess of two 44 hundred fifty thousand finished gallons of wine, cider, and mead annual- 45 ly. 46 (b) Any person licensed under this section shall manufacture at least 47 fifty gallons of wine, cider, and mead per year. 48 § 24. Subdivision 9 of section 76-a of the alcoholic beverage control 49 law, as added by chapter 221 of the laws of 2011, is amended to read as 50 follows: 51 9. Notwithstanding any other provision of law to the contrary, a farm 52 winery licensed pursuant to this section may engage in custom [wine] 53 production allowing individuals to assist in the production of New York 54 state labeled wine, cider and mead for sale for personal or family use, 55 provided, however, that (a) the wine, cider and mead must be purchased 56 by the individual assisting in the production of such wine, cider orS. 8560--A 16 1 mead; and (b) the owner, employee or agent of such winery shall be pres- 2 ent at all times during such production. 3 § 25. Subdivision 2 of section 101-aaa of the alcoholic beverage 4 control law, as amended by chapter 242 of the laws of 2012, is amended 5 to read as follows: 6 2. No manufacturer or wholesaler licensed under this chapter shall 7 sell or deliver any beer, mead, cider or wine products to any retail 8 licensee except as provided for in this section: 9 (a) for cash to be paid at the time of delivery; or 10 (b) on terms requiring payment by such retail licensee for such beer, 11 mead, cider, or wine products on or before the final payment date of any 12 credit period within which delivery is made. Provided, however, that the 13 sale of wine products mead, or cider to a retail licensee by a whole- 14 saler licensed under section fifty-eight, sixty-two, or seventy-eight of 15 this chapter, or a licensed manufacturer of liquor, mead or wine or a 16 cider producer's license, shall be governed by the provisions of section 17 one hundred-one-aa of this article. 18 § 26. Paragraphs (b), (d) and (e) of subdivision 4 of section 107-a of 19 the alcoholic beverage control law, paragraph (b) as amended by chapter 20 369 of the laws of 2017, paragraphs (d) and (e) as amended by chapter 21 354 of the laws of 2013, are amended to read as follows: 22 (b) The annual fee for registration of any brand or trade name label 23 for liquor shall be two hundred fifty dollars; the annual fee for regis- 24 tration of any brand or trade name label for beer, mead or cider shall 25 be one hundred fifty dollars; the annual fee for registration of any 26 brand or trade name label for wine or wine products shall be fifty 27 dollars. Such fee shall be in the form of a check or draft. No annual 28 fee for registration of any brand or trade name label for wine shall be 29 required if it has been approved by the Alcohol and Tobacco Tax and 30 Trade Bureau of the United States Department of Treasury pursuant to 31 this section. 32 Each brand or trade name label registration approved pursuant to this 33 section shall be valid for a term of three years as set forth by the 34 authority and which shall be pro-rated for partial years as applicable. 35 Each brand or trade name label registration approved pursuant to this 36 section shall be valid only for the licensee to whom issued and shall 37 not be transferable. 38 (d) The authority may at any time exempt any discontinued brand from 39 such fee provisions where a manufacturer or wholesaler has an inventory 40 of one hundred cases or less of liquor or wine and five hundred cases or 41 less of beer, and certifies to the authority in writing that such brand 42 is being discontinued. The authority may also at any time exempt any 43 discontinued brand from such fee provisions where a retailer discontinu- 44 ing a brand owned by him has a balance of an order yet to be delivered 45 of fifty cases or less of liquor or wine, or two hundred fifty cases or 46 less of beer, mead, wine products or cider. 47 (e) The authority shall exempt from such fee provisions the registra- 48 tion of each brand or trade name label used for beer, mead or cider that 49 is produced in small size batches totaling fifteen hundred barrels or 50 less of beer, mead or cider annually. 51 § 27. This act shall take effect on the ninetieth day after it shall 52 have become a law, provided that the amendments to section 17 of the 53 alcoholic beverage control law made by section eight of this act shall 54 be subject to the expiration and reversion of such section pursuant to 55 section 4 of chapter 118 of the laws of 2012, as amended, when upon such 56 date the provisions of section nine of this act shall take effect.
