Amd §§58, 58-c, 76, 76-a & 3, ABC L; amd §194, Gen Muni L
Expands the items which may be sold by a licensed farm cidery and the licensees to whom a farm cidery may sell its cider for resale; authorizes the sale of cider and wine at places authorized to conduct games of chance.
STATE OF NEW YORK
________________________________________________________________________
6966
2017-2018 Regular Sessions
IN SENATE
December 7, 2017
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the alcoholic beverage control law, in relation to
promoting economic development by expanding products sold by farm
cideries and authorizing such cideries to sell cider to other licen-
sees for resale; and to amend the general municipal law, in relation
to authorizing the sale of cider and wine at games of chance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3-a of section 58 of the alcoholic beverage
2 control law, as added by chapter 384 of the laws of 2013, paragraph (b)
3 as amended by chapter 171 of the laws of 2017, is amended to read as
4 follows:
5 3-a. A licensed cider producer producing New York state labelled cider
6 may:
7 (a) sell such cider or any New York state labeled cider to licensed
8 farm distillers, farm wineries, wineries, farm cideries [and], cideries
9 and farm breweries. All such cider sold by the licensee shall be
10 securely sealed and have attached thereto a label as shall be required
11 by section one hundred seven-a of this chapter;
12 (b) conduct tastings at the licensed premises of such cider or any
13 other New York state labeled cider;
14 (c) sell such cider or any New York state labeled cider at retail for
15 consumption off the premises at the state fair, at recognized county
16 fairs and at farmers markets operated on a not-for-profit basis;
17 (d) sell and conduct tastings of such cider or any New York state
18 labeled cider at retail for consumption on the premises of a restaurant,
19 conference center, inn, bed and breakfast or hotel business owned and
20 operated by the licensee in or adjacent to its farm cidery. A licensee
21 who operates a restaurant, conference center, inn, bed and breakfast or
22 hotel pursuant to such authority shall comply with all applicable
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13721-01-7
S. 6966 2
1 provisions of this chapter which relate to licenses to sell cider at
2 retail for consumption on the premises;
3 (e) apply for a permit to conduct tastings away from the licensed
4 premises of such cider or any New York state labeled cider. Such permit
5 shall be valid throughout the state and may be issued on an annual basis
6 or for individual events. Each such permit and the exercise of the priv-
7 ilege granted thereby shall be subject to such rules and conditions of
8 the authority as it deems necessary. Tastings shall be conducted subject
9 to the following conditions:
10 (i) tastings shall be conducted by an official agent, representative
11 or solicitor of the licensee. Such agent, representative or solicitor
12 shall be physically present at all times during the conduct of the tast-
13 ings; and
14 (ii) any liability stemming from a right of action resulting from a
15 tasting of cider as authorized [herein] in this paragraph and in accord-
16 ance with the provisions of sections 11-100 and 11-101 of the general
17 obligations law, shall accrue to the licensee.
18 (f) if it holds a tasting permit issued pursuant to paragraph (e) of
19 this subdivision, apply to the authority for a permit to sell such cider
20 or any New York state labeled cider, for consumption off the premises,
21 during such tastings in premises licensed under sections sixty-four,
22 sixty-four-a, eighty-one and eighty-one-a of this chapter. Each such
23 permit and the exercise of the privilege granted thereby shall be
24 subject to such rules and conditions of the authority as it deems neces-
25 sary.
26 § 2. Paragraphs (c) and (g) of subdivision 2 of section 58-c of the
27 alcoholic beverage control law, paragraph (c) as amended by chapter 171
28 of the laws of 2017 and paragraph (g) as added by chapter 384 of the
29 laws of 2013, are amended to read as follows:
30 (c) sell cider manufactured by the licensee or any New York state
31 labeled cider to wholesalers and retailers licensed in this state to
32 sell such cider, to licensed farm distillers, licensed farm wineries,
33 licensed wineries, licensed farm breweries, and any other licensed farm
34 cidery or licensed cidery. All such cider sold by the licensee shall be
35 securely sealed and have attached thereto a label as shall be required
36 by section one hundred seven-a of this chapter;
37 (g) sell cider manufactured by the licensee or any other licensed farm
38 cidery, or any New York state labeled cider at retail for consumption
39 off the premises, at the state fair, at recognized county fairs and at
40 farmers markets operated on a not-for-profit basis;
41 § 3. Subdivision 5 of section 58-c of the alcoholic beverage control
42 law, as added by chapter 384 of the laws of 2013, is amended to read as
43 follows:
44 5. A licensed farm cidery may, under such rules as may be adopted by
45 the authority, sell cider manufactured by the licensee or any other
46 licensed farm cidery, or any New York state labeled cider at retail in
47 bulk by the keg, cask or barrel for consumption and not for resale at a
48 clam-bake, barbeque, picnic, outing or other similar outdoor gathering
49 at which more than fifty persons are assembled.
50 § 4. Subdivision 2 of section 76 of the alcoholic beverage control law
51 is amended by adding a new paragraph (d-1) to read as follows:
52 (d-1) to sell from the licensed premises to licensed farm distillers,
53 farm wineries, wineries, farm cideries, cideries and farm brewers any
54 New York state labeled cider. All such cider shall be securely sealed
55 and have attached thereto a label as shall be required by section one
56 hundred seven-a of this chapter;
S. 6966 3
1 § 5. Subdivisions 3 and 5 of section 76 of the alcoholic beverage
2 control law, as amended by chapter 221 of the laws of 2011, are amended
3 to read as follows:
4 3. (a) Any person having applied for and received a license as a
5 winery under this section may conduct wine and cider tastings of New
6 York state labelled wines or ciders in establishments licensed under
7 sections sixty-three and seventy-nine of this chapter to sell wine for
8 off-premises consumption. Such winery may charge a fee for each wine or
9 cider sample tasted. The state liquor authority shall promulgate rules
10 and regulations regarding such tastings as provided for in this subdivi-
11 sion.
12 (a-1) Any person having applied for and received a license as a winery
13 under this section may conduct wine and cider tastings of New York state
14 labelled wines or ciders and apply to the liquor authority for a permit
15 to sell wine produced by such winery or any New York state labeled cider
16 by the bottle, during such tastings in establishments licensed under
17 section sixty-four, section sixty-four-a, section eighty-one or section
18 eighty-one-a of this chapter to sell wine for consumption on the prem-
19 ises. Such winery may charge a fee of no more than twenty-five cents for
20 each wine or cider sample tasted. The state liquor authority shall
21 promulgate rules and regulations regarding such tastings as provided for
22 in this subdivision.
23 (b) Tastings shall be conducted subject to the following limitations:
24 (i) wine and cider tastings shall be conducted by an official agent,
25 representative or solicitor of one or more wineries. Such agent, repre-
26 sentative or solicitor shall be physically present at all times during
27 the conduct of the tastings; and
28 (ii) any liability stemming from a right of action resulting from a
29 wine or cider tasting as authorized herein and in accordance with the
30 provisions of sections 11-100 and 11-101 of the general obligations law,
31 shall accrue to the winery licensee.
32 (c)(i) Any person having applied for and received a license as a
33 winery under this section may conduct wine and cider tastings of New
34 York state labelled wines or ciders and sell such wine or cider by the
35 bottle, during such tasting, for off-premises consumption at outdoor or
36 indoor gatherings, functions, occasions or events, within the hours
37 fixed by or pursuant to subdivision fourteen of section one hundred five
38 of this chapter, sponsored by a bona fide charitable organization. For
39 the purposes of this paragraph, a bona fide charitable organization
40 shall mean and include any bona fide religious or charitable organiza-
41 tion or bona fide educational, fraternal or service organization or bona
42 fide organization of veterans or volunteer firefighters, which by its
43 charter, certificate of incorporation, constitution, or act of the
44 legislature, shall have among its dominant purposes one or more of the
45 lawful purposes as defined in subdivision five of section one hundred
46 eighty-six of the general municipal law.
47 (ii) Upon application, the liquor authority shall issue an annual
48 permit authorizing such winery to participate in outdoor or indoor gath-
49 erings, functions, occasions or events sponsored by a charitable organ-
50 ization. The winery must give the authority written or electronic
51 notice of the date, time and specific location of each tasting at least
52 fifteen days prior to the tasting. A winery that obtains a permit to
53 conduct such wine or cider tastings does not need to apply for or obtain
54 a temporary beer or wine permit pursuant to section ninety-seven of this
55 chapter or any other permit to conduct such a tasting or to sell wine or
56 cider by the bottle for off-premises consumption at such tastings.
S. 6966 4
1 (iii) Such winery may charge a fee for each wine or cider sample tast-
2 ed. Tastings shall be conducted by an official agent, representative or
3 solicitor of such winery. The state liquor authority may promulgate
4 rules and regulations regarding such tastings as provided for in this
5 subdivision.
6 5. Notwithstanding any provision of this chapter to the contrary, any
7 one or more winery licensees, singly or jointly, may apply to the liquor
8 authority for a license or licenses to sell wine and any New York state
9 labeled cider at retail for consumption off the premises. For licensees
10 applying singly, the duration of such license shall be coextensive with
11 the duration of such licensee's winery license, and the fee therefor
12 shall be five hundred dollars if such retail premises is located in
13 cities having a population of one million or more; in cities having less
14 than one million population and more than one hundred thousand, two
15 hundred fifty dollars; and elsewhere, the sum of one hundred twenty-five
16 dollars. Such license shall entitle the holder thereof to sell at retail
17 for consumption off the premises any New York state labelled wine or
18 cider. Such license shall also entitle the holder thereof to conduct
19 wine and cider tastings. Such license shall also authorize the sale by
20 the holder thereof of New York state labelled wine or cider, in sealed
21 containers for off-premises consumption, from the specially licensed
22 premises of any person licensed pursuant to section eighty-one-a of this
23 article to sell wine at retail for consumption on premises in which the
24 principal business is the operation of a legitimate theater or such
25 other lawful adult entertainment or recreational facility as the liquor
26 authority may classify for eligibility pursuant to subdivision six of
27 section sixty-four-a of this chapter. Not more than five such licenses
28 shall be issued, either singly or jointly, to any licensed winery. All
29 other provisions of this chapter relative to licenses to sell wine at
30 retail for consumption off the premises shall apply so far as applicable
31 to such application. The liquor authority is hereby authorized to adopt
32 such rules as it may deem necessary to carry out the purpose of this
33 subdivision, provided that all licenses issued pursuant to this subdivi-
34 sion shall be subject to the same rules and regulations as are applica-
35 ble to the sale of wine at retail for consumption off the premises of
36 the winery licensee.
37 § 6. Subdivisions 2 and 3 of section 76-a of the alcoholic beverage
38 control law, as added by chapter 221 of the laws of 2011, paragraph (c)
39 of subdivision 2 as amended by chapter 384 of the laws of 2013, para-
40 graph (e) of subdivision 2 as amended by chapter 328 of the laws of
41 2016, paragraph (f) of subdivision 2 as amended by chapter 431 of the
42 laws of 2014, are amended to read as follows:
43 2. A farm winery license shall authorize the holder thereof to:
44 (a) operate a farm winery for the manufacture of wine or cider at the
45 premises specifically designated in the license;
46 (b) sell in bulk from the licensed premises the products manufactured
47 under such license or any New York state labeled cider to any winery
48 licensee, any other farm winery licensee, any distiller licensee or to a
49 permittee engaged in the manufacture of products which are unfit for
50 beverage use and to sell or deliver such wine or cider to persons
51 outside the state pursuant to the laws of the place of such sale or
52 delivery;
53 (c) sell from the licensed premises to a licensed winery, farm distil-
54 ler, farm brewery, farm cidery, wholesaler or retailer, or to a corpo-
55 ration operating railroad cars or aircraft for consumption on such
56 carriers, or at retail for consumption off the premises, wine or cider
S. 6966 5
1 manufactured by the licensee or any New York state labeled cider as
2 above set forth and to sell or deliver such wine or cider to persons
3 outside the state pursuant to the laws of the place of such sale or
4 delivery. All wine or cider sold by such licensee for consumption off
5 the premises shall be securely sealed and have attached thereto a label
6 setting forth such information as shall be required by this chapter;
7 (d) operate, or use the services of, a custom crush facility as
8 defined in subdivision nine-a of section three of this chapter;
9 (e) sell at the licensed premises cider and wine manufactured by the
10 licensee or any other licensed farm winery, and beer and spirits manu-
11 factured by any licensed farm brewery or farm distillery, at retail for
12 consumption on or off the licensed premises;
13 (f) operate a restaurant, hotel, catering establishment, or other food
14 and drinking establishment in or adjacent to the licensed premises and
15 sell at such place, at retail for consumption on the premises, wine,
16 cider and wine products manufactured by the licensee and any New York
17 state labeled wine, New York state labeled cider or New York state
18 labeled wine product. All of the provisions of this chapter relative to
19 licenses to sell wine at retail for consumption on the premises shall
20 apply so far as applicable to such licensee. Notwithstanding any other
21 provision of law, the licensed winery may apply to the authority for a
22 license under article four of this chapter to sell other alcoholic
23 beverages at retail for consumption on the premises at such establish-
24 ment.
25 3. (a) Any person having applied for and received a license as a farm
26 winery under this section may conduct wine and cider tastings of New
27 York state labelled wines and ciders in establishments licensed under
28 section sixty-three of this chapter and section seventy-nine of this
29 article to sell wine or any New York state labeled cider for off-premis-
30 es consumption. Such farm winery may charge a fee for each wine or cider
31 sample tasted. The state liquor authority shall promulgate rules and
32 regulations regarding such tastings as provided for in this subdivision.
33 (b) Any person having applied for and received a license as a farm
34 winery under this section may conduct wine and cider tastings of New
35 York state labelled wines and ciders and apply to the liquor authority
36 for a permit to sell wine produced by such farm winery or any New York
37 state labeled cider, by the bottle, during such tastings in establish-
38 ments licensed under sections sixty-four and sixty-four-a of this chap-
39 ter and section eighty-one or section eighty-one-a of this article to
40 sell wine for consumption on the premises. Such farm winery may charge a
41 fee of no more than twenty-five cents for each wine or cider sample
42 tasted. The state liquor authority shall promulgate rules and regu-
43 lations regarding such tastings as provided for in this subdivision.
44 (c) Tastings shall be conducted subject to the following limitations:
45 (i) wine or cider tastings shall be conducted by an official agent,
46 representative or solicitor of one or more farm wineries. Such agent,
47 representative or solicitor shall be physically present at all times
48 during the conduct of the tastings; and
49 (ii) any liability stemming from a right of action resulting from a
50 wine tasting as authorized herein and in accordance with the provisions
51 of sections 11-100 and 11-101 of the general obligations law, shall
52 accrue to the farm winery.
53 (d) (i) Any person having applied for and received a license as a farm
54 winery under this section may conduct wine and cider tastings of New
55 York state labelled wines and ciders and sell such wine or cider by the
56 bottle, during such tasting, for off-premises consumption at outdoor or
S. 6966 6
1 indoor gatherings, functions, occasions or events, within the hours
2 fixed by or pursuant to subdivision fourteen of section one hundred five
3 of this chapter, sponsored by a bona fide charitable organization. For
4 the purposes of this paragraph, a bona fide charitable organization
5 shall mean and include any bona fide religious or charitable organiza-
6 tion or bona fide educational, fraternal or service organization or bona
7 fide organization of veterans or volunteer firefighters, which by its
8 charter, certificate of incorporation, constitution, or act of the
9 legislature, shall have among its dominant purposes one or more of the
10 lawful purposes as defined in subdivision five of section one hundred
11 eighty-six of the general municipal law.
12 (ii) Upon application, the liquor authority shall issue an annual
13 permit authorizing such farm winery to participate in such outdoor or
14 indoor gatherings, functions, occasions or events sponsored by a chari-
15 table organization. The farm winery must give the authority written or
16 electronic notice of the date, time and specific location of each tast-
17 ing at least fifteen days prior to the tasting. A farm winery that
18 obtains a permit to conduct such wine or cider tastings does not need to
19 apply for or obtain a temporary beer or wine permit pursuant to section
20 ninety-seven of this chapter or any other permit to conduct such a tast-
21 ing or to sell wine or cider by the bottle for off-premises consumption
22 at such tastings.
23 (iii) Such farm winery may charge a fee for each wine or cider sample
24 tasted. Tastings shall be conducted by an official agent, represen-
25 tative or solicitor of such farm winery. The state liquor authority may
26 adopt rules and regulations regarding such tastings as provided in this
27 subdivision.
28 § 7. Paragraph (a) of subdivision 7-b of section 3 of the alcoholic
29 beverage control law, as amended by chapter 384 of the laws of 2013, is
30 amended to read as follows:
31 (a) "Cider" means the partially or fully fermented juice of fresh,
32 whole apples or other pome fruits, containing more than three and two-
33 tenths per centum but not more than eight and one-half per centum alco-
34 hol by volume: (i) to which nothing has been added to increase the alco-
35 holic content produced by natural fermentation; and (ii) with the usual
36 cellar treatments and necessary additions to correct defects due to
37 climate, [saccharine] sugar levels and seasonal conditions. Nothing
38 contained in this subdivision shall be deemed to preclude the use of
39 such methods or materials as may be necessary to encourage a normal
40 alcoholic fermentation and to make a product that is free of microbi-
41 ological activity at the time of sale. Cider may be sweetened or
42 flavored after fermentation with fruit juice, fruit juice concentrate,
43 sugar, maple syrup, honey, spices or other agricultural products, sepa-
44 rately or in combination. Cider may contain retained or added carbon
45 dioxide.
46 § 8. Subdivision 3 of section 194 of the general municipal law, as
47 amended by chapter 550 of the laws of 1994, is amended to read as
48 follows:
49 3. [Service of alcoholic beverages.] Subject to the applicable
50 provisions of the alcoholic beverage control law, beer, cider and wine
51 may be offered for sale during the conduct of games of chance on games
52 of chance premises as such premises are defined in subdivision nineteen
53 of section one hundred eighty-six of this article; provided, however,
54 that nothing herein shall be construed to limit the offering for sale of
55 any other alcoholic beverage in areas other than the games of chance
S. 6966 7
1 premises or the sale of any other alcoholic beverage in premises where
2 only the games of chance known as bell jar or raffles are conducted.
3 § 9. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law; provided, however, that if chapter 171 of
5 the laws of 2017 shall not have taken effect before such effective date,
6 the amendments to paragraph (b) of subdivision 3-a of section 58 of the
7 alcoholic beverage control law, made by section one of this act, and the
8 amendments to paragraph (c) of subdivision 2 of section 58-c of the
9 alcoholic beverage control law, made by section two of this act, shall
10 take effect on the same date and in the same manner as chapter 171 of
11 the laws of 2017 takes effect; and provided, further, that effective
12 immediately, the addition, amendment and/or repeal of any rule or regu-
13 lation necessary for the implementation of this act on its effective
14 date are authorized and directed to be made and completed on or before
15 such effective date.
