FARM BREWERY LAW PASSES

Farm Brewery Law Passes! (effective in 180 days)

This is great news for New York hop growers, brewers,and consumers.  The rules begin with a requirement of 20% of the hops and 20% of the other ingredients (barley,wheat,yeast) to be grown in New York (excluding water). As time goes on the amounts eventually increase to 90%.

We now have about 60 acres of hops planted in New York and over 100 acres of malting barley, enough to get the industry started. With this new law there will be many new farm breweries opening up which will drive the demand for more hops and barley to be grown in New York.

Those wishing to brew under such a license will have some advantages and these and the specific rules are outlined below in the law. The law also deals with cider, distilleries and wine, including production, sales, packaging, distribution and tastings. I have removed some of the spaces and the line numbers here from the law to make it easier to read and fit this newsletter. Any legal uses of the document should refer directly to the law as published by New York State.

Sincerely,

Steve Miller
NYS Hop Specialist
Cornell University Cooperative Extension, Madison County
sgm6@cornell.edu
315.684.3001 x 127

 

 

S. 7727        Farm Brewery Law  June 15, 2012   A. 10694

 

Section 1. Section 3 of the alcoholic beverage control law is amended

by adding a new subdivision 12-aaa to read as follows:

12-AAA.  “FARM  BREWERY”  MEANS  AND  INCLUDES  ANY PLACE OR PREMISES,

LOCATED ON A FARM IN NEW YORK STATE, IN WHICH NEW  YORK  STATE  LABELLED BEER IS MANUFACTURED, STORED AND SOLD, OR ANY OTHER PLACE OR PREMISESIN NEW  YORK STATE IN WHICH NEW YORK STATE LABELLED BEER IS MANUFACTURED,STORED AND SOLD.

S 2. Section 3 of the alcoholic beverage control law is amended  by adding two new subdivisions 20-d and 20-e to read as follows:

20-D. “NEW YORK STATE LABELLED BEER” MEANS:

(A) FROM  THE EFFECTIVE DATE OF THIS SUBDIVISION UNTIL DECEMBER THIR-

TY-FIRST,(31) TWO THOUSAND EIGHTEEN (2018), BEER MADE  WITH  NO  LESS  THAN  TWENTY PERCENT (20%), BY WEIGHT, OF ITS HOPS GROWN IN NEW YORK STATE AND NO LESS THAN  TWENTY  PERCENT,(20%) BY  WEIGHT, OF ALL OF ITS OTHER INGREDIENTS, EXCLUDING WATER, GROWN IN NEW YORK STATE;

(B)  FROM  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN (1-1-2019) UNTIL   DECEMBER THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE 12-31-2023), BEER MADE WITH NO LESS THAN SIXTY PERCENT (60%), BY WEIGHT, OF ITS HOPS GROWN IN NEW  YORK  STATE  AND  NO LESS  THAN  SIXTY  PERCENT,(60%)  BY WEIGHT, OF ALL OF ITS OTHER INGREDIENTS,EXCLUDING WATER, GROWN IN NEW YORK STATE; AND

(C)  FROM JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AND THEREAFTER, BEER

MADE WITH NO LESS THAN NINETY PERCENT,(90%) BY WEIGHT, OF ITS HOPS  GROWN  IN  NEW YORK STATE AND NO LESS THAN NINETY PERCENT,(90%) BY WEIGHT, OF ALL OF ITS OTHER INGREDIENTS, EXCLUDING WATER, GROWN IN NEW YORK STATE.

 

20-E.  “NEW  YORK  STATE  LABELLED CIDER” MEANS CIDER MADE EXCLUSIVELY FROM    APPLES GROWN IN NEW YORK STATE.

S 3. Subdivision 6 of section 51 of  the  alcoholic  beverage  control

law, as amended by chapter 258 of the laws of 2009, is renumbered subdi-

vision 5-a and amended to read as follows:

5-a.  Except as otherwise provided in subdivisions three,four[and],

five AND SIX-A of this section and except as provided in section fifty-

two of this article no brewer shall sell any beer,wine or liquor at retail.

S 4.  Section 51 of the alcoholic beverage control law is  amended  by

adding a new subdivision 6-a to read a follows:

6-A. A LICENSED BREWER PRODUCING NEW YORK STATE LABELLED BEER MAY:

(A) SELL SUCH BEER TO LICENSED FARM DISTILLERS, FARM WINERIES AND FARM

BREWERIES.  ALL  SUCH BEER SOLD BY THE LICENSEE SHALL BE SECURELY SEALED

AND HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED  BY  SECTION  ONE

HUNDRED SEVEN-A OF THIS CHAPTER;

(B) CONDUCT TASTINGS AT THE LICENSED PREMISES OF SUCH BEER;

(C)  SELL  SUCH BEER AT RETAIL FOR CONSUMPTION OFF THE PREMISES AT THE

STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS  MARKETS  OPERATED

ON A NOT-FOR-PROFIT BASIS;

 

(D)  SELL  AND CONDUCT TASTINGS OF SUCH BEER AT RETAIL FOR CONSUMPTION

ON THE PREMISES OF A RESTAURANT, CONFERENCE CENTER, INN, BED AND  BREAK-

FAST OR HOTEL BUSINESS OWNED AND OPERATED BY THE LICENSEE IN OR ADJACENT

TO  ITS  FARM  BREWERY. A LICENSEE WHO OPERATES A RESTAURANT, CONFERENCE

CENTER, INN, BED AND BREAKFAST OR HOTEL PURSUANT TO SUCH AUTHORITY SHALL

COMPLY WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER  WHICH  RELATE  TO

LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON THE PREMISES;

(E)  APPLY  FOR  A  PERMIT  TO CONDUCT TASTINGS AWAY FROM THE LICENSED

PREMISES OF SUCH BEER. SUCH PERMIT SHALL BE VALID THROUGHOUT  THE  STATE

AND MAY BE ISSUED ON AN ANNUAL BASIS OR FOR INDIVIDUAL EVENTS. EACH SUCH

PERMIT  AND  THE  EXERCISE  OF  THE  PRIVILEGE  GRANTED THEREBY SHALL BE

SUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORITY AS IT DEEMS NECES-

SARY. TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING CONDITIONS:

(I) TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL  AGENT,  REPRESENTATIVE

OR  SOLICITOR  OF  THE LICENSEE. SUCH AGENT, REPRESENTATIVE OR SOLICITOR

SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TAST-

INGS; AND

(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION  RESULTING  FROM  A

TASTING OF BEER OR CIDER AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE

PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,

SHALL ACCRUE TO THE LICENSEE.

(F)  IF  IT HOLDS A TASTING PERMIT ISSUED PURSUANT TO PARAGRAPH (E) OF

THIS SUBDIVISION, APPLY TO THE AUTHORITY FOR A PERMIT TO SELL SUCH BEER,

FOR CONSUMPTION OFF THE  PREMISES,  DURING  SUCH  TASTINGS  IN  PREMISES

LICENSED  UNDER SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, EIGHTY-ONE AND EIGHT-

Y-ONE-A OF THIS CHAPTER. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIVI-

LEGE GRANTED THEREBY SHALL BE SUBJECT TO SUCH RULES  AND  CONDITIONS  OF

THE AUTHORITY AS IT DEEMS NECESSARY.

 

S  5.  The  alcoholic  beverage control law is amended by adding a new

section 51-a to read as follows:

S 51-A. FARM BREWERY LICENSE. 1. ANY PERSON MAY APPLY TO THE AUTHORITY

FOR A FARM BREWERY LICENSE AS PROVIDED FOR IN THIS SECTION TO BREW  BEER

WITHIN  THIS  STATE  FOR  SALE. SUCH APPLICATION SHALL BE IN WRITING AND

VERIFIED AND SHALL CONTAIN  SUCH  INFORMATION  AS  THE  AUTHORITY  SHALL

REQUIRE.  SUCH  APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR

THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF  THE  AUTHORITY

GRANTS  THE  APPLICATION, IT SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL

BE DETERMINED BY ITS RULES. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF

THE LICENSED PREMISES AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO

THE  PERSON THEREIN SPECIFICALLY DESIGNATED TO BREW BEER IN THE PREMISES

THEREIN SPECIFICALLY LICENSED.

 

2. A FARM BREWERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO  OPER-

ATE  A BREWERY FOR THE MANUFACTURE OF NEW YORK STATE LABELLED BEER. SUCH

A LICENSE SHALL ALSO AUTHORIZE THE LICENSEE TO:

(A) MANUFACTURE NEW YORK STATE LABELLED CIDER;

(B) SELL IN BULK BEER AND CIDER MANUFACTURED BY THE  LICENSEE  TO  ANY

PERSON LICENSED TO MANUFACTURE ALCOHOLIC BEVERAGES IN THIS STATE OR TO A

PERMITTEE  ENGAGED  IN  THE  MANUFACTURE OF PRODUCTS WHICH ARE UNFIT FOR

BEVERAGE USE;

(C) SELL OR DELIVER BEER AND CIDER MANUFACTURED  BY  THE  LICENSEE  TO

PERSONS  OUTSIDE  THE  STATE  PURSUANT  TO THE LAWS OF THE PLACE OF SUCH

DELIVERY;

(D) SELL BEER AND CIDER MANUFACTURED BY THE  LICENSEE  TO  WHOLESALERS

AND  RETAILERS  LICENSED  IN  THIS  STATE  TO  SELL SUCH BEER AND CIDER,

LICENSED FARM DISTILLERS, LICENSED FARM WINERIES AND ANY OTHER  LICENSED

FARM  BREWERY.  ALL  SUCH  BEER  AND CIDER SOLD BY THE LICENSEE SHALL BE

SECURELY SEALED AND HAVE ATTACHED THERETO A LABEL AS SHALL  BE  REQUIRED

BY SECTION ONE HUNDRED SEVEN-A OF THIS CHAPTER;

(E)  SELL  AT THE LICENSED PREMISES BEER AND CIDER MANUFACTURED BY THE

LICENSEE OR ANY OTHER LICENSED FARM BREWERY AT RETAIL FOR CONSUMPTION ON

OR OFF THE LICENSED PREMISES;

(F) CONDUCT TASTINGS AT THE LICENSED PREMISES OF BEER AND CIDER  MANU-

FACTURED BY THE LICENSEE OR ANY OTHER LICENSED FARM BREWERY;

(G)  SELL  AND  CONDUCT TASTINGS OF BEER AND CIDER MANUFACTURED BY THE

LICENSEE OR ANY OTHER LICENSED FARM BREWERY AT RETAIL FOR CONSUMPTION ON

THE PREMISES OF A RESTAURANT, CONFERENCE CENTER, INN, BED AND  BREAKFAST

OR  HOTEL  BUSINESS OWNED AND OPERATED BY THE LICENSEE IN OR ADJACENT TO

ITS FARM BREWERY. A  LICENSEE  WHO  OPERATES  A  RESTAURANT,  CONFERENCE

CENTER, INN, BED AND BREAKFAST OR HOTEL PURSUANT TO SUCH AUTHORITY SHALL

COMPLY  WITH  ALL  APPLICABLE PROVISIONS OF THIS CHAPTER WHICH RELATE TO

LICENSES TO SELL BEER AT RETAIL FOR CONSUMPTION ON THE PREMISES;

(H) SELL BEER AND CIDER MANUFACTURED BY  THE  LICENSEE  OR  ANY  OTHER

LICENSED FARM BREWERY AT RETAIL FOR CONSUMPTION OFF THE PREMISES, AT THE

STATE  FAIR,  AT RECOGNIZED COUNTY FAIRS AND AT FARMERS MARKETS OPERATED

ON A NOT-FOR-PROFIT BASIS;

(I) CONDUCT TASTINGS OF AND SELL AT RETAIL  FOR  CONSUMPTION  OFF  THE

PREMISES  NEW YORK STATE LABELLED WINE MANUFACTURED BY A LICENSED WINERY

OR LICENSED FARM WINERY;

(J) CONDUCT TASTINGS OF AND SELL AT RETAIL  FOR  CONSUMPTION  OFF  THE

PREMISES  NEW  YORK  STATE  LABELLED  LIQUOR  MANUFACTURED BY A LICENSED

DISTILLER OR LICENSED FARM DISTILLER; PROVIDED, HOWEVER, THAT NO CONSUM-

ER MAY BE PROVIDED, DIRECTLY OR INDIRECTLY: (I)  WITH  MORE  THAN  THREE

SAMPLES OF LIQUOR FOR TASTING IN ONE CALENDAR DAY; OR (II) WITH A SAMPLE

OF LIQUOR FOR TASTING EQUAL TO MORE THAN ONE-QUARTER FLUID OUNCE; AND

(K)  ENGAGE  IN ANY OTHER BUSINESS ON THE LICENSED PREMISES SUBJECT TO

SUCH RULES AND REGULATIONS AS THE AUTHORITY MAY  PRESCRIBE.

 

SUCH  RULES AND REGULATIONS SHALL DETERMINE WHICH BUSINESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAPTER AND SHALL CONSIDER THE EFFECT OF PARTICULAR  BUSINESSES  ON THE COMMUNITY AND AREA IN THE VICINITY OF THE FARM BREWERY LICENSEE.

 

3. (A) A FARM BREWERY LICENSEE MAY APPLY FOR A PERMIT TO CONDUCT TAST-

INGS  AWAY  FROM THE LICENSED PREMISES OF BEER AND CIDER PRODUCED BY THE LICENSEE. SUCH PERMIT SHALL BE VALID THROUGHOUT THE  STATE  AND  MAY  BE ISSUED ON AN ANNUAL BASIS OR FOR INDIVIDUAL EVENTS. EACH SUCH PERMIT AND THE  EXERCISE  OF THE PRIVILEGE GRANTED THEREBY SHALL BE SUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORITY AS IT DEEMS NECESSARY.

(B) TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING LIMITATIONS:

(I) TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL  AGENT,  REPRESENTATIVE

OR  SOLICITOR  OF ONE OR MORE FARM BREWERIES. SUCH AGENT,  REPRESENTATIVE OR SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TASTINGS; AND

(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION  RESULTING  FROM  A

TASTING OF BEER OR CIDER AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,SHALL ACCRUE TO THE FARM BREWERY.

4. A LICENSED FARM BREWERY HOLDING A TASTING PERMIT ISSUED PURSUANT TO

SUBDIVISION  THREE  OF  THIS  SECTION  MAY  APPLY TO THE AUTHORITY FOR  A PERMIT TO SELL BEER AND CIDER PRODUCED BY  SUCH  FARM  BREWERY,  BY  THE BOTTLE,  DURING SUCH TASTINGS IN PREMISES LICENSED UNDER SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, EIGHTY-ONE AND EIGHTY-ONE-A OF THIS CHAPTER.    EACH SUCH  PERMIT  AND THE EXERCISE OF THE PRIVILEGE GRANTED THEREBY SHALL BESUBJECT TO SUCH RULES AND CONDITIONS OF THE AUTHORITY AS IT DEEMS NECESSARY.

 

 

5. A LICENSED FARM BREWERY MAY, UNDER SUCH RULES AS MAY BE ADOPTED BY

THE  AUTHORITY,  SELL  BEER OR CIDER MANUFACTURED BY THE LICENSEE OR ANY

OTHER LICENSED FARM BREWERY AT RETAIL IN BULK BY THE KEG, CASK OR BARREL

FOR CONSUMPTION AND NOT FOR RESALE AT  A  CLAM-BAKE,  BARBEQUE,  PICNIC,

OUTING  OR  OTHER  SIMILAR  OUTDOOR  GATHERING  AT WHICH MORE THAN FIFTY

PERSONS ARE ASSEMBLED.

6. A LICENSED FARM BREWERY MAY APPLY TO THE AUTHORITY FOR A LICENSE TO

SELL LIQUOR AND/OR WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES  IN  A

RESTAURANT OWNED BY HIM AND CONDUCTED AND OPERATED BY THE LICENSEE IN OR

ADJACENT  TO  ITS  FARM  BREWERY.  ALL OF THE PROVISIONS OF THIS CHAPTER

RELATIVE TO LICENSES TO SELL LIQUOR OR WINE AT RETAIL OR CONSUMPTION  ON

THE PREMISES SHALL APPLY SO FAR AS APPLICABLE.

7.  A FARM BREWERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO MANU-

FACTURE,  BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS MUSTARDS,

SAUCES, HOP SEASONINGS, BEER NUTS, AND OTHER HOPS AND BEER RELATED FOODS

IN ADDITION TO BEER AND HOP SOAPS, HOP PILLOWS, HOP WREATHS  AND  OTHER

SUCH  FOOD  AND  CRAFTS  ON AND FROM THE LICENSED PREMISES. SUCH LICENSE

SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL  GIFT  ITEMS  IN  A

TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO THE SALE OF BEER.

THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:

(A)  NON-ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION  ON  OR  OFF PREMISES,

INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES;

(B) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING BEER AND  CIDER  TAST-

INGS,  WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINAR-

ILY CONSUMED WITHOUT THE  USE  OF  TABLEWARE  AND  CAN  BE  CONVENIENTLY

CONSUMED  WHILE  STANDING  OR WALKING. SUCH FOOD ITEMS SHALL INCLUDE BUT

NOT BE LIMITED TO:  CHEESES,  FRUITS,  VEGETABLES,  CHOCOLATES,  BREADS,

MUSTARDS AND CRACKERS;

 

(C) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND

ANY  FOOD  OR  FOOD  PRODUCT  NOT  SPECIFICALLY  PREPARED  FOR IMMEDIATE

CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE  COMBINED  INTO  A

PACKAGE CONTAINING CIDER, BEER AND/OR HOP RELATED PRODUCTS;

BEER  SUPPLIES  AND  ACCESSORIES,  WHICH  SHALL  INCLUDE ANY ITEM

UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF BEER OR FOR  DECORA-

TIVE  PURPOSES.  THESE  SUPPLIES  MAY  BE SOLD AS SINGLE ITEMS OR MAY BE

COMBINED INTO A PACKAGE CONTAINING BEER;

(E) BEER-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO,

HOME BEER-MAKING OR HOMEBREWING KITS, FILTERS, BOTTLING EQUIPMENT, HOPS,

BARLEY,  YEASTS,  CHEMICALS AND OTHER BEER ADDITIVES, AND BOOKS OR OTHER

WRITTEN MATERIAL TO ASSIST BEER-MAKERS AND HOME BEER-MAKERS OR HOMEBREW-

ERS TO PRODUCE AND BOTTLE BEER;

(F) SOUVENIR ITEMS,  WHICH  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO

ARTWORK,  CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES

WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.

8. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY,  ANY

FARM BREWERY LICENSEE MAY CHARGE FOR TOURS OF ITS PREMISES.

9. THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION MAY OPERATE UP TO

FIVE  BRANCH  OFFICES  LOCATED AWAY FROM THE LICENSED FARM BREWERY. SUCH

LOCATIONS SHALL BE CONSIDERED PART OF  THE  LICENSED  PREMISES  AND  ALL

ACTIVITIES  ALLOWED  AT AND LIMITED TO THE FARM BREWERY MAY BE CONDUCTED

AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE LOCATED  WITHIN,

SHARE  A  COMMON  ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO

ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVER-

AGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE,

THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF  SUCH  BRANCH

OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME.

10.  NO  FARM  BREWERY  SHALL  MANUFACTURE IN EXCESS OF SIXTY THOUSAND

FINISHED BARRELS OF BEER ANNUALLY.

11. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  NO

LICENSED  FARM BREWERY SHALL MANUFACTURE OR SELL ANY BEER OTHER THAN NEW

YORK STATE LABELLED BEER.

(B) IN THE EVENT THAT THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,

AFTER  INVESTIGATING  AND  COMPILING INFORMATION PURSUANT TO SUBDIVISION

FORTY-TWO OF SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW,  DETER-

MINES  THAT A NATURAL DISASTER, ACT OF GOD, OR CONTINUED ADVERSE WEATHER

CONDITION HAS DESTROYED MUCH OF THE NECESSARY  INGREDIENTS  FOR  BREWING

BEER,  SUCH  COMMISSIONER,  IN  CONSULTATION  WITH  THE  CHAIRMAN OF THE

AUTHORITY, MAY GIVE AUTHORIZATION TO A DULY  LICENSED  FARM  BREWERY  TO

MANUFACTURE  OR  SELL  BEER  PRODUCED FROM INGREDIENTS GROWN OR PRODUCED

OUTSIDE THIS STATE. NO SUCH AUTHORIZATION SHALL BE  GRANTED  TO  A  FARM

BREWERY LICENSEE UNLESS SUCH LICENSEE CERTIFIES TO SUCH COMMISSIONER THE

QUANTITY  OF NEW YORK GROWN INGREDIENTS UNAVAILABLE TO SUCH LICENSEE DUE

TO SUCH NATURAL DISASTER, ACT  OF  GOD  OR  CONTINUING  ADVERSE  WEATHER

CONDITION  AND  SATISFIES SUCH COMMISSIONER THAT REASONABLE EFFORTS WERE

MADE TO OBTAIN BREWING INGREDIENTS FROM A NEW YORK STATE SOURCE FOR SUCH

BEER MAKING PURPOSE. NO FARM BREWERY SHALL UTILIZE AN AMOUNT OF  OUT-OF-

STATE  GROWN  OR  PRODUCED  INGREDIENTS EXCEEDING THE AMOUNT OF NEW YORK

GROWN INGREDIENTS THAT SUCH BREWERY IS  UNABLE  TO  OBTAIN  DUE  TO  THE

DESTRUCTION  OF  NEW  YORK  GROWN  OR  PRODUCED INGREDIENTS BY A NATURAL

DISASTER, ACT OF GOD OR CONTINUING ADVERSE WEATHER CONDITION  AS  DETER-

MINED  BY  THE  COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT TO THIS

SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, THE DEPARTMENT  OF  AGRI-

CULTURE  AND MARKETS AND THE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND

REGULATIONS AS THEY MAY DEEM NECESSARY TO CARRY OUT THE  PROVISIONS  OF

THIS SUBDIVISION WHICH SHALL INCLUDE ENSURING THAT IN MANUFACTURING BEER

FARM  BREWERIES  UTILIZE INGREDIENTS GROWN OR PRODUCED IN NEW YORK STATE

TO THE EXTENT THEY ARE REASONABLY AVAILABLE, PRIOR TO UTILIZING INGREDI-

ENTS FROM AN OUT-OF-STATE SOURCE FOR SUCH PURPOSE.

 

 

(C)  THE  COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAKE AVAILABLE

TO FARM BREWERIES AND TO THE PUBLIC EACH SPECIFIC INGREDIENT LOSS DETER-

MINATION ISSUED PURSUANT TO PARAGRAPH (B)  OF  THIS  SUBDIVISION  ON  OR

BEFORE AUGUST TWENTIETH OF EACH YEAR.

(D)  IN  THE  EVENT THAT THE CONTINUING EFFECTS OF A NATURAL DISASTER,

ACT OF GOD, OR ADVERSE WEATHER CONDITION WHICH OCCURRED PRIOR TO  AUGUST

TWENTIETH OF EACH YEAR OR THE EFFECTS OF A NATURAL DISASTER, ACT OF GOD,

OR ADVERSE WEATHER CONDITION WHICH OCCURS SUBSEQUENT TO AUGUST TWENTIETH

EACH  YEAR  RESULTS  IN  ANY  INGREDIENT  LOSS WHICH MEETS THE STANDARDS

PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER OF AGRI-

CULTURE AND MARKETS, IN CONSULTATION WITH THE CHAIRMAN OF THE AUTHORITY,

MAY ISSUE ADDITIONAL INGREDIENT  LOSS  DETERMINATIONS  AND  SHALL  EXPE-

DITIOUSLY  MAKE  AVAILABLE  TO  FARM  BREWERIES  AND  TO THE PUBLIC EACH

SPECIFIC INGREDIENT LOSS DETERMINATION ISSUED PURSUANT TO THIS PARAGRAPH

PRIOR TO OCTOBER TENTH OF EACH YEAR.

12. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  NO

LICENSED FARM BREWERY SHALL MANUFACTURE OR SELL ANY CIDER OTHER THAN NEW

YORK STATE LABELLED CIDER.

(B)  IN  THE  EVENT  THAT THE COMMISSIONER OF AGRICULTURE AND MARKETS,

AFTER INVESTIGATING AND COMPILING INFORMATION  PURSUANT TO SUBDIVISION     FORTY-TWO  OF SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW, DETER-         MINES THAT A NATURAL DISASTER, ACT OF GOD, OR CONTINUED ADVERSE  WEATHER

CONDITION  HAS  DESTROYED MUCH OF THE APPLE CROP NECESSARY FOR PRODUCING

CIDER, SUCH COMMISSIONER, IN  CONSULTATION  WITH  THE  CHAIRMAN  OF  THE

AUTHORITY,  MAY  GIVE  AUTHORIZATION  TO A DULY LICENSED FARM BREWERY TO

MANUFACTURE OR SELL CIDER PRODUCED FROM APPLES GROWN OUTSIDE THIS STATE.

NO SUCH AUTHORIZATION SHALL BE GRANTED TO A FARM BREWERY LICENSEE UNLESS

SUCH LICENSEE CERTIFIES TO SUCH COMMISSIONER THE QUANTITY  OF  NEW  YORK

GROWN  APPLES UNAVAILABLE TO SUCH LICENSEE DUE TO SUCH NATURAL DISASTER,

ACT OF GOD OR CONTINUING ADVERSE WEATHER CONDITION  AND  SATISFIES  SUCH

COMMISSIONER  THAT  REASONABLE EFFORTS WERE MADE TO OBTAIN APPLES FROM A

NEW YORK STATE SOURCE FOR SUCH CIDER MAKING  PURPOSE.  NO  FARM  BREWERY

SHALL  UTILIZE  AN  AMOUNT  OF  OUT-OF-STATE  GROWN APPLES EXCEEDING THE

AMOUNT OF NEW YORK GROWN APPLES THAT SUCH BREWERY IS  UNABLE  TO  OBTAIN

DUE  TO  THE DESTRUCTION OF NEW YORK GROWN APPLES BY A NATURAL DISASTER,

ACT OF GOD OR CONTINUING ADVERSE WEATHER CONDITION AS DETERMINED BY  THE

COMMISSIONER  OF  AGRICULTURE  AND MARKETS PURSUANT TO THIS SUBDIVISION.

FOR PURPOSES OF THIS SUBDIVISION,  THE  DEPARTMENT  OF  AGRICULTURE  AND

MARKETS  AND THE AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS

AS THEY MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS  SUBDIVI-

SION WHICH SHALL INCLUDE ENSURING THAT IN MANUFACTURING CIDER FARM BREW-

ERIES  UTILIZE  APPLES  GROWN  IN  NEW YORK STATE TO THE EXTENT THEY ARE

REASONABLY AVAILABLE, PRIOR TO UTILIZING  APPLES  FROM  AN  OUT-OF-STATE

SOURCE FOR SUCH PURPOSE.

 

(C)  THE  COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAKE AVAILABLE

TO FARM BREWERIES AND TO THE PUBLIC EACH SPECIFIC  APPLE  LOSS  DETERMI-

NATION  ISSUED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION ON OR AFTER

AUGUST TWENTIETH OF EACH YEAR.

(D) IN THE EVENT THAT THE CONTINUING EFFECTS OF  A  NATURAL  DISASTER,

ACT  OF GOD, OR ADVERSE WEATHER CONDITION WHICH OCCURRED PRIOR TO AUGUST

TWENTIETH OF EACH YEAR OR THE EFFECTS OF A NATURAL DISASTER, ACT OF GOD,

OR ADVERSE WEATHER CONDITION WHICH OCCURS SUBSEQUENT TO AUGUST TWENTIETH

OF EACH YEAR RESULTS IN ANY APPLE CROP LOSS WHICH  MEETS  THE  STANDARDS

PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER OF AGRI-

CULTURE AND MARKETS, IN CONSULTATION WITH THE CHAIRMAN OF THE AUTHORITY,

MAY  ISSUE  ADDITIONAL  APPLE  CROP  LOSS DETERMINATIONS AND SHALL EXPE-

DITIOUSLY MAKE AVAILABLE TO FARM BREWERIES AND TO THE  PUBLIC  THE  LOSS

DETERMINATION  ISSUED  PURSUANT TO THIS PARAGRAPH PRIOR TO OCTOBER TENTH

OF EACH YEAR.

 

13. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF  ANY  RULE  OR

REGULATION  PROMULGATED  PURSUANT THERETO, AND IN ADDITION TO THE ACTIV-

ITIES WHICH MAY OTHERWISE BE CARRIED OUT BY ANY  PERSON  LICENSED  UNDER

THIS  SECTION,  SUCH  PERSON  MAY,  ON  THE  PREMISES DESIGNATED IN SUCH

LICENSE:

(A) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS  AND  OTHER

NON-ALCOHOLIC  BEVERAGES,  VITAMINS, MALT, MALT SYRUP, AND OTHER BY-PRODuCTS;

(B) DRY SPENT GRAIN FROM THE BREWERY;

(C) RECOVER CARBON DIOXIDE AND YEAST;

(D) STORE BOTTLES, PACKAGES AND SUPPLIES NECESSARY  OR  INCIDENTAL  TO

ALL SUCH OPERATIONS;

(E) PACKAGE, BOTTLE, SELL AND DELIVER WINE PRODUCTS;

(F)  ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE RENTED

BY A LICENSED TENANT BREWER FOR THE PURPOSES OF ALTERNATION.

 

 

 

14. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY

MAY ISSUE A FARM BREWERY LICENSE TO THE HOLDER OF A FARM WINERY OR FARM

DISTILLER’S  LICENSE  FOR USE AT SUCH LICENSEE’S EXISTING LICENSED PREM-

ISES. THE HOLDER OF A FARM  WINERY  OR  FARM  DISTILLER’S  LICENSE  THAT

SIMULTANEOUSLY  HOLDS A FARM BREWERY LICENSE ON AN ADJACENT PREMISES MAY

SHARE AND USE THE SAME TASTING ROOM FACILITIES TO CONDUCT  ANY  TASTINGS

THAT SUCH LICENSEE IS OTHERWISE AUTHORIZED TO CONDUCT.

15.  THE  AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-

LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. IN PRESCRIBING  SUCH

RULES  AND  REGULATIONS,  THE  AUTHORITY SHALL PROMOTE THE EXPANSION AND

PROFITABILITY OF BEER AND CIDER PRODUCTION AND OF TOURISM IN  NEW  YORK,

THEREBY  PROMOTING  THE  CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW

YORK STATE AGRICULTURAL LANDS.

 

S 6. Subdivision 1 of section 56 of  the  alcoholic  beverage  control

law,as  amended  by  section  1 of part Z of chapter 85 of the laws of

2002, is amended to read as follows:

1. The annual fee for a [brewer's]license TO MANUFACTURE BEER shall be:

(A) four  thousand  dollars FOR A BREWER’S LICENSE, unless the annual

production of the brewer is less than sixty thousand barrels per year,in which case the annual fee shall be three hundred twenty dollars;

(B) THREE HUNDRED TWENTY DOLLARS FOR A FARM BREWERY LICENSE.

 

S  7.  Subdivision 1 of section 56-a of the alcoholic beverage control

law, as amended by section 1 of part B of chapter  56  of  the  laws  of

2004, is amended to read as follows:

1.  In addition to the annual fees provided for in this chapter, there

shall be paid to the [division] AUTHORITY with each initial  application

for  a  license filed pursuant to section fifty-one, FIFTY-ONE-A, fifty-

three, fifty-eight, sixty-one, sixty-two, seventy-six  or  seventy-eight

of this chapter, a filing fee of four hundred dollars; with each initial

application  for a license filed pursuant to section sixty-three, sixty-

four, sixty-four-a or sixty-four-b of this chapter, a filing fee of  two

hundred  dollars;  with  each  initial  application  for a license filed

pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-five-a,

seventy-nine, eighty-one or eighty-one-a of this chapter, a  filing  fee

of one hundred dollars; with each initial application for a permit filed

pursuant  to  section [seventy-seven,] ninety-one, ninety-one-a, ninety-

two, ninety-two-a, ninety-three, ninety-three-a, if such permit is to be

issued on a calendar year basis, ninety-four, ninety-five, ninety-six or

ninety-six-a,  or  pursuant to paragraph b, c, e or j of subdivision one

of section ninety-nine-b of this chapter if such permit is to be  issued

on  a calendar year basis, or for an additional bar pursuant to subdivi-

sion four of section one hundred of this chapter, a filing fee of twenty

dollars; and with each application for a permit  under  section  ninety-

three-a  of this chapter, other than a permit to be issued on a calendar

year basis, section ninety-seven, ninety-eight, ninety-nine, or  ninety-

nine-b  of  this  chapter,  other than a permit to be issued pursuant to

paragraph b, c, e or j of subdivision one of  section  ninety-nine-b  of

this chapter on a calendar year basis, a filing fee of ten dollars.

 

S  8.  Subdivision 2 of section 56-a of the alcoholic beverage control

law, as amended by chapter 55 of the laws of 1992, is amended to read as

follows:

2. In addition to the annual fees provided for in this chapter,there

shall  be  paid  to  the  authority  with each renewal application for a

license filed pursuant to section fifty-one,  FIFTY-ONE-A,  fifty-three,

fifty-eight,  sixty-one, sixty-two, seventy-six or seventy-eight of this

chapter, a filing fee of one hundred dollars; with each renewal applica-

tion for a license filed pursuant to  section  sixty-three,  sixty-four,

sixty-four-a  or  sixty-four-b  of  this chapter, a filing fee of ninety

dollars; with each renewal application for a license filed  pursuant  to

section  seventy-nine,  eighty-one  or  eighty-one-a  of this chapter, a

filing fee of twenty-five dollars; and with each renewal application for

a license or permit filed pursuant to section fifty-three-a, fifty-four,

fifty-five,  fifty-five-a,  [seventy-seven,]  ninety-one,  ninety-one-a,

ninety-two,  ninety-two-a,  ninety-three, ninety-three-a, if such permit

is issued on a calendar year basis, ninety-four, ninety-five, ninety-six

or ninety-six-a of this chapter or pursuant to subdivisions b, c, e or j

of section ninety-nine-b, if such permit is issued on  a  calendar  year

basis,  or  with each renewal application for an additional bar pursuant

to subdivision four of section one hundred of this chapter, a filing fee

of thirty dollars.

 

S 9. Subdivision 1 of section 61 of  the  alcoholic  beverage  control

law,  as  amended by chapter 581 of the laws of 1951, is amended to read

as follows:

1. A class A distiller’s license shall authorize the holder thereof to

operate a distillery for the manufacture of liquors by distillation  or

redistillation  at  the premises specifically designated in the license.

Such a license shall also authorize the sale in bulk  by  such  licensee

from  the  licensed  premises  of  the  products manufactured under such

license  to  any  person  holding  a  distiller’s  class  A  license, a

distiller’s class B license or a permittee engaged in the manufacture of

products  which  are unfit for beverage use. It shall also authorize the

sale from the licensed premises and from one other location in the state

of New York of any liquor whether or not manufactured by  such  licensee

to a wholesale or retail liquor licensee or permittee in sealed contain-

ers of  not more than one quart each. SUCH LICENSE SHALL ALSO AUTHORIZE

THE SALE OF NEW YORK STATE LABELLED LIQUOR TO LICENSED FARM WINERIES AND

FARM BREWERIES IN SEALED CONTAINERS OF NOT MORE  THAN  ONE  QUART  EACH.

Such  license  shall  also include the privilege to operate a rectifying

plant under the same terms and conditions as the holder  of  a  class  B

distiller’s license without the payment of any additional fee.

 

S  10. Paragraph (a) of subdivision 2-c of section 61 of the alcoholic

beverage control law, as amended by chapter 454 of the laws of 2008,  is

amended to read as follows:

(a)  A  class D distiller’s license, otherwise known as a farm distil-

lery license, shall authorize the holder of such a license to operate  a farm distillery at the premises specifically designated in the license:

(i)  To  manufacture  liquor primarily from farm and food products, as

defined in subdivision two of section  two  hundred  eighty-two  of the agriculture and markets law;

(ii)  To  put  such  liquor into containers of not more than one quart

each, which containers shall then be sealed and to sell such  liquor  at  wholesale, for resale, and to LICENSED FARM WINERIES AND FARM BREWERIES, wholesale and retail licensees, and permittees;

(iii)  To sell at retail, for personal use, in such sealed containers;

[and]

(iv) To sell in bulk, liquor manufactured by the licensee to a  winery

or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C

distiller’s  license,  or  to  the holder of a permit issued pursuant to

paragraph c of subdivision one of section ninety-nine-b  of  this  chap-

ter[.];

(V)  TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE

PREMISES NEW YORK STATE LABELLED BEER MANUFACTURED BY A LICENSED  BREWER

OR LICENSED FARM BREWERY;

(VI) TO CONDUCT TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF THE

PREMISES  NEW YORK STATE LABELLED CIDER MANUFACTURED BY A LICENSED BREW-

ER, LICENSED FARM  BREWERY,  LICENSED  FARM  WINERY  OR  LICENSED  CIDER

PRODUCER; AND

(VII)  TO  CONDUCT  TASTINGS OF AND SELL AT RETAIL FOR CONSUMPTION OFF

THE PREMISES NEW YORK STATE LABELLED WINE  MANUFACTURED  BY  A    LICENSED WINERY OR LICENSED FARM WINERY.

 

S  11.  Subdivision  2 of section 76 of the alcoholic beverage control

law, as amended by chapter 221 of the laws of 2011, is amended  to  read

as follows:

2. A winery license shall authorize the holder thereof:

(a)  to  operate  a winery for the manufacture of wine at the premises

specifically designated in the license;

(b) to receive and possess wine  from  other  states  consigned  to  a

United  States  government bonded winery, warehouse or storeroom located within the state;

(c) to sell in bulk from the licensed premises the  products  manufac-

tured  under  such  license  and wine received by such licensee from any other state to any winery licensee,  any  distiller  licensee  or to a permittee  engaged  in  the  manufacture of products which are unfit for beverage use and to sell or deliver such wine  to  persons  outside the state pursuant to the laws of the place of such sale or delivery;

(d)  to  sell  from  the licensed premises to a licensed wholesaler or

retailer, or to a corporation operating railroad cars  or  aircraft  for consumption  on  such  carriers,  wine  manufactured  or received by the licensee as above set forth in the original  sealed  containers of not  more  than  fifteen  gallons  each  and  to sell or deliver such wine to persons outside the state pursuant to the laws of the place of such sale or delivery. All wine sold by such licensee shall be securely sealed and have attached thereto a label setting forth such information as shall be required by this chapter; [and]

(e) TO SELL FROM THE LICENSED PREMISES TO LICENSED FARM  WINERIES  AND

FARM BREWERIES NEW YORK STATE LABELLED WINE MANUFACTURED BY THE LICENSEE IN THE ORIGINAL SEALED CONTAINERS OF NOT MORE THAN FIFTEEN GALLONS EACH; AND

(F)  to  operate,  or  use the services of, a custom crush facility as

defined in subdivision nine-a of section three of this chapter.

 

S 12. Paragraph (c) of subdivision 2 of section 76-a of the  alcoholic

beverage  control  law,  as added by chapter 221 of the laws of 2011, is

amended to read as follows:

(c) sell from the licensed premises to a licensed WINERY, FARM DISTIL-

LER, FARM BREWERY, wholesaler or retailer, or to a corporation operating railroad cars or aircraft for consumption on such carriers, or at retail for consumption off the premises, wine  or  cider  manufactured  by  the licensee as above set forth and to sell or deliver such wine or cider to      persons outside the state pursuant to the laws of the place of such sale or delivery. All wine or cider sold by such licensee for consumption off the  premises shall be securely sealed and have attached thereto a label

setting forth such information as shall be required by this chapter;

 

S 13. Subparagraph 6 of paragraph (b) of subdivision 4 of section 76-a

of the alcoholic beverage control law, as amended by chapter 571 of  the

laws of 2008, is amended to read as follows:

(6)  New  York state labelled wine or liquors produced or manufactured

by any other New York state winery or farm winery  licensee or  by  the

holder of [a class A-1, B-1, or C] ANY distiller’s license. Such wine or

liquors may be purchased outright by the licensee from a New York winery

or  farm  winery  licensee or the holder of [a class A-1, B-1, or C] ANY

distiller’s license or obtained on a consignment  basis  pursuant  to  a

written agreement between the selling and purchasing licensee.

 

S  14. Subdivision 6 of section 76-a of the alcoholic beverage control

law is amended by adding two new paragraphs  (g)  and  (h)  to  read  as

follows:

(G)  CONDUCT  TASTINGS  OF  AND SELL AT RETAIL FOR CONSUMPTION OFF THE

PREMISES NEW YORK STATE LABELLED BEER MANUFACTURED BY A LICENSED  BREWER

OR FARM BREWERY.

(H)  CONDUCT  TASTINGS  OF  AND SELL AT RETAIL FOR CONSUMPTION OFF THE

PREMISES NEW YORK STATE LABELLED CIDER MANUFACTURED BY A LICENSED  BREW-

ER,  LICENSED  FARM  BREWERY,  LICENSED  FARM  WINERY  OR LICENSED CIDER

PRODUCER.

 

S 15. Subdivision 42 of section 16 of the agriculture and markets law,

as amended by chapter 227 of the laws of 2006, is  amended  to  read  as

follows:

(A)  For  purposes of making timely determinations and consulting

with the chairman of the state liquor authority pursuant to  subdivision

five  of  section  seventy-six-a  of the alcoholic beverage control law,

investigate and compile information relative to natural disasters,  acts

of  God,  or continued adverse weather conditions which shall affect the

crop of grapes or other fruit products used in the production of wine.

(B) FOR PURPOSES OF MAKING TIMELY DETERMINATIONS AND  CONSULTING  WITH

THE CHAIRMAN OF THE STATE LIQUOR AUTHORITY PURSUANT TO SUBDIVISION ELEV-

EN  OF SECTION FIFTY-ONE-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW, INVES-

TIGATE AND COMPILE INFORMATION RELATIVE TO NATURAL  DISASTERS,  ACTS  OF

GOD, OR  CONTINUED  ADVERSE  WEATHER  CONDITIONS WHICH SHALL AFFECT THE

NECESSARY INGREDIENTS FOR BREWING BEER.

(C) FOR PURPOSES OF MAKING TIMELY DETERMINATIONS AND  CONSULTING  WITH

THE  CHAIRMAN  OF  THE  STATE  LIQUOR  AUTHORITY PURSUANT TO SUBDIVISION

TWELVE OF SECTION FIFTY-ONE-A OF THE  ALCOHOLIC  BEVERAGE  CONTROL  LAW,

INVESTIGATE  AND COMPILE INFORMATION RELATIVE TO NATURAL DISASTERS, ACTS

OF GOD, OR CONTINUED ADVERSE WEATHER CONDITIONS WHICH SHALL  AFFECT  THE

CROP OF APPLES USED IN THE PRODUCTION OF CIDER.

 

S  16.  Subparagraph  (C) of paragraph 1 of subdivision (i) of section

1136 of the tax law, as amended by a chapter of the laws of 2012 amend-

ing  the  tax  law relating to farm winery and farm distillery sales tax

information return filing requirements, as proposed in legislative bills

numbers S. 7019 and A. 9523, is amended to read as follows:

(C) Every wholesaler, as defined by section  three  of  the  alcoholic

beverage control law, if it has made a sale of an alcoholic beverage, as

defined by section four hundred twenty of this chapter, without collect-

ing sales or use tax during the period covered by the return, except (i)

a sale to a person that has furnished an exempt organization certificate

to  the  wholesaler  for that sale; or (ii) a sale to another wholesaler

whose license under the alcoholic beverage control law does not allow it

to make retail sales of the alcoholic beverage. For each vendor,opera-

tor,  or  recipient  to  whom  the  wholesaler  has  made a sale without

collecting sales or compensating use tax, the return  must  include  the

total  value of those sales made during the period covered by the return

(excepting the sales described in clauses (i) and (ii) of this  subpara-

graph) and the vendor’s,operator’s or recipient’s state liquor authori-

ty  license number, along with the information required by paragraph two

of this subdivision. A  person  operating  pursuant  to  a  farm  winery

license  as  provided in section seventy-six-a of the alcoholic beverage

control law, or a person operating pursuant to a farm distillery license

as provided in subdivision two-c of section sixty-one of such law, OR  A

PERSON  OPERATING  PURSUANT  TO  A  FARM  BREWERY LICENSE AS PROVIDED IN

SECTION FIFTY-ONE-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW, or  a  person

operating pursuant to [both] ANY COMBINATION OF such licenses, shall not

be subject to any of the requirements of this subdivision.

 

S  17.  This  act  shall  take effect on the one hundred eightieth day

after it shall have become a law; provided that the amendment to subpar-

agraph (C) of paragraph 1 of subdivision (i) of section 1136 of the  tax

law,  as amended by section sixteen of this act shall take effect on the

same date and in the same manner as a chapter of the laws of 2012 amend-

ing the tax law relating to farm winery and farm  distillery  sales  tax

information return filing requirements, as proposed in legislative bills

numbers S. 7019 and A. 9523, takes effect.