STATE OF NEW YORK
________________________________________________________________________
7355
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
Introduced by M. of A. KAY -- read once and referred to the Committee on
Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
creating licenses for roadside farm markets to sell beer, cider, and
liquor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 5 and 6 of section 50 of the alcoholic bever-
2 age control law, as amended by chapter 519 of the laws of 1937, are
3 amended and a new subdivision 7 is added to read as follows:
4 5. Licenses to sell beer at retail for consumption off the premises;
5 [and]
6 6. Licenses to sell beer at retail for consumption on the premises[.];
7 and
8 7. Roadside farm market license.
9 § 2. The alcoholic beverage control law is amended by adding a new
10 section 51-b to read as follows:
11 § 51-b. Roadside farm market license. 1. Any person owning or operat-
12 ing a roadside farm market may apply to the liquor authority for a road-
13 side farm market license to sell beer pursuant to this section. Such
14 application shall be in writing and verified, and shall contain such
15 information as the liquor authority shall require and shall be accompa-
16 nied by a check or draft for the amount required by this article for
17 such license. If the liquor authority shall grant the application, it
18 shall issue a license in such form as shall be determined by its rules,
19 and the license shall remain in effect for one year.
20 2. For the purposes of this section, the term "roadside farm market"
21 means a building or structure located on a farm operation, as defined in
22 subdivision eleven of section three hundred one of the agriculture and
23 markets law, except for a commercial horse boarding operation, in which
24 New York agricultural products are primarily sold by producers, growers
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10620-01-5
A. 7355 2
1 or farmers of such agricultural products to the general public, and the
2 term "New York agricultural product" means any agricultural or aquacul-
3 tural product of the soil or water that has been grown, harvested or
4 produced within the state, including but not limited to fruits, vegeta-
5 bles, eggs, dairy products, meat and meat products, poultry and poultry
6 products, fish and fish products, grain and grain products, honey, nuts,
7 preserves, maple sap products, apple cider, fruit juice, and Christmas
8 trees.
9 3. A roadside farm market license shall authorize the holder thereof
10 to sell beer manufactured or produced by up to two duly licensed farms
11 or special breweries or micro-breweries that are located within twenty
12 miles of the roadside farm market by the bottle or can for off-premises
13 consumption; provided that such market's owner, operator or represen-
14 tative shall be present at all times during which beer is being offered
15 for sale; provided that such market shall abide by all rules and regu-
16 lations promulgated pursuant to section ninety-six of this chapter and
17 any other rules and regulations promulgated by the liquor authority to
18 implement the provisions of this section to ensure that beer stored or
19 kept by such market is segregated and kept in a safe and secure location
20 when such market is closed for business.
21 4. The sale of beer pursuant to this section shall occur only within
22 the hours fixed by or pursuant to subdivision fourteen of section one
23 hundred five of this chapter. Notwithstanding the provisions of section
24 fifty-four-b of this article or any other provision of law, no beer
25 tastings shall be conducted at a roadside farm market that sells beer
26 for off-premises consumption pursuant to the provisions of this section.
27 5. The liquor authority, in consultation with the department of agri-
28 culture and markets, shall promulgate any rules and regulations neces-
29 sary to implement the provisions of this section.
30 § 3. Section 56 of the alcoholic beverage control law is amended by
31 adding a new subdivision 12 to read as follows:
32 12. The annual fee for a roadside farm market license shall be one
33 hundred dollars.
34 § 4. The alcoholic beverage control law is amended by adding a new
35 section 58-e to read as follows:
36 § 58-e. Roadside farm market license. 1. Any person owning or operat-
37 ing a roadside farm market may apply to the liquor authority for a road-
38 side farm market license to sell cider pursuant to this section. Such
39 application shall be in writing and verified, and shall contain such
40 information as the liquor authority shall require and shall be accompa-
41 nied by a check or draft for the amount required by this article for
42 such license. If the liquor authority shall grant the application, it
43 shall issue a license in such form as shall be determined by its rules,
44 and the license shall remain in effect for one year. The annual fee for
45 such a license shall be one hundred dollars.
46 2. For the purposes of this section, the term "roadside farm market"
47 means a building or structure located on a farm operation, as defined in
48 subdivision eleven of section three hundred one of the agriculture and
49 markets law, except for a commercial horse boarding operation, in which
50 New York agricultural products are primarily sold by producers, growers
51 or farmers of such agricultural products to the general public, and the
52 term "New York agricultural product" means any agricultural or aquacul-
53 tural product of the soil or water that has been grown, harvested or
54 produced within the state, including but not limited to fruits, vegeta-
55 bles, eggs, dairy products, meat and meat products, poultry and poultry
56 products, fish and fish products, grain and grain products, honey, nuts,
A. 7355 3
1 preserves, maple sap products, apple cider, fruit juice, and Christmas
2 trees.
3 3. A roadside farm market license shall authorize the holder thereof
4 to sell cider manufactured or produced by up to two duly licensed farms
5 or farm cideries that are located within twenty miles of the roadside
6 farm market by the bottle or can for off-premises consumption; provided
7 that such market's owner, operator or representative shall be present at
8 all times during which cider is being offered for sale; provided that
9 such market shall abide by all rules and regulations promulgated pursu-
10 ant to section ninety-six of this chapter and any other rules and regu-
11 lations promulgated by the liquor authority to implement the provisions
12 of this section to ensure that cider stored or kept by such market is
13 segregated and kept in a safe and secure location when such market is
14 closed for business.
15 4. The sale of cider pursuant to this section shall occur only within
16 the hours fixed by or pursuant to subdivision fourteen of section one
17 hundred five of this chapter. Notwithstanding the provisions of section
18 fifty-nine-a of this article or any other provision of law, no cider
19 tastings shall be conducted at a roadside farm market that sells cider
20 for off-premises consumption pursuant to the provisions of this section.
21 5. The liquor authority, in consultation with the department of agri-
22 culture and markets, shall promulgate any rules and regulations neces-
23 sary to implement the provisions of this section.
24 § 5. Subdivision 6 of section 60 of the alcoholic beverage control
25 law, as added by chapter 531 of the laws of 1964, is amended and a new
26 subdivision 7 is added to read as follows:
27 6. Special license to sell liquor at retail for consumption on the
28 premises.
29 7. Roadside farm market license.
30 § 6. The alcoholic beverage control law is amended by adding a new
31 section 61-c to read as follows:
32 § 61-c. Roadside farm market license. 1. Any person owning or operat-
33 ing a roadside farm market may apply to the liquor authority for a road-
34 side farm market license to sell liquor pursuant to this section. Such
35 application shall be in writing and verified, and shall contain such
36 information as the liquor authority shall require and shall be accompa-
37 nied by a check or draft for the amount required by this article for
38 such license. If the liquor authority shall grant the application, it
39 shall issue a license in such form as shall be determined by its rules,
40 and the license shall remain in effect for one year.
41 2. For the purposes of this section, the term "roadside farm market"
42 means a building or structure located on a farm operation, as defined in
43 subdivision eleven of section three hundred one of the agriculture and
44 markets law, except for a commercial horse boarding operation, in which
45 New York agricultural products are primarily sold by producers, growers
46 or farmers of such agricultural products to the general public, and the
47 term "New York agricultural product" means any agricultural or aquacul-
48 tural product of the soil or water that has been grown, harvested or
49 produced within the state, including but not limited to fruits, vegeta-
50 bles, eggs, dairy products, meat and meat products, poultry and poultry
51 products, fish and fish products, grain and grain products, honey, nuts,
52 preserves, maple sap products, apple cider, fruit juice, and Christmas
53 trees.
54 3. A roadside farm market license shall authorize the holder thereof
55 to sell liquor manufactured or produced by up to two duly licensed farms
56 or farm distilleries that are located within twenty miles of the road-
A. 7355 4
1 side farm market by the bottle for off-premises consumption; provided
2 that such market's owner, operator or representative shall be present at
3 all times during which liquor is being offered for sale; provided that
4 such market shall abide by all rules and regulations promulgated pursu-
5 ant to section ninety-six of this chapter and any other rules and regu-
6 lations promulgated by the liquor authority to implement the provisions
7 of this section to ensure that liquor stored or kept by such market is
8 segregated and kept in a safe and secure location when such market is
9 closed for business.
10 4. The sale of liquor pursuant to this section shall occur only within
11 the hours fixed by or pursuant to subdivision fourteen of section one
12 hundred five of this chapter. Notwithstanding the provisions of section
13 sixty-three-a of this article or any other provision of law, no liquor
14 tastings shall be conducted at a roadside farm market that sells liquor
15 for off-premises consumption pursuant to the provisions of this section.
16 5. The liquor authority, in consultation with the department of agri-
17 culture and markets, shall promulgate any rules and regulations neces-
18 sary to implement the provisions of this section.
19 § 7. Section 66 of the alcoholic beverage control law is amended by
20 adding a new subdivision 11 to read as follows:
21 11. The annual fee for a roadside farm market license shall be one
22 hundred dollars.
23 § 8. This act shall take effect on the first of January next succeed-
24 ing the date on which it shall have become a law. Effective immediately,
25 the addition, amendment and/or repeal of any rule or regulation neces-
26 sary for the implementation of this act on its effective date are
27 authorized to be made and completed on or before such effective date.
