A08047 Summary:
BILL NO | A08047 |
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SAME AS | SAME AS S05833 |
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SPONSOR | Schimminger |
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COSPNSR | Magee, Lupardo, Barrett |
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MLTSPNSR | |
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Amd ABC L, generally; amd S16, Ag & Mkts L; amd SS210, 606 & 1136, Tax L | |
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Creates a farm cidery license; relates to farm cidery sales tax information return filing requirements. |
A08047 Actions:
BILL NO | A08047 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/17/2013 | referred to economic development | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2013 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | rules report cal.667 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | ordered to third reading rules cal.667 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | SUBSTITUTED FOR S5833 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | 3RD READING CAL.1579 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/11/2013 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/17/2013 | signed chap.384 |
A08047 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Goodell
Yes
Lupardo
Yes
Paulin
ER
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
ER
Peoples-Stokes
Yes
Simotas
ER
Arroyo
Yes
Curran
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
ER
DenDekker
Yes
Heastie
Yes
Malliotakis
Yes
Ra
Yes
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
ER
Markey
Yes
Rabbitt
Yes
Steck
Yes
Benedetto
Yes
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
AB
Stevenson
Yes
Blankenbush
Yes
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
ER
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
Yes
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
Yes
McLaughlin
Yes
Roberts
Yes
Tenney
Yes
Brennan
Yes
Farrell
Yes
Johns
Yes
Miller
ER
Robinson
Yes
Thiele
Yes
Brindisi
Yes
Finch
Yes
Jordan
Yes
Millman
Yes
Rodriguez
Yes
Titone
Yes
Bronson
Yes
Fitzpatrick
Yes
Katz
Yes
Montesano
ER
Rosa
Yes
Titus
Yes
Brook-Krasny
Yes
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
ER
Walter
Yes
Buchwald
Yes
Gabryszak
Yes
Kearns
Yes
Mosley
ER
Rozic
Yes
Weinstein
Yes
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
Yes
Gantt
Yes
Kim
Yes
Nojay
Yes
Ryan
ER
Weprin
Yes
Camara
Yes
Garbarino
Yes
Kolb
Yes
Nolan
Yes
Saladino
Yes
Wright
Yes
Ceretto
Yes
Gibson
Yes
Lalor
Yes
Oaks
Yes
Santabarbara
Yes
Zebrowski
Yes
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Colton
ER
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Corwin
ER
Goldfeder
Yes
Lopez
Yes
Palmesano
ER
Sepulveda
‡ Indicates voting via videoconference
A08047 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8047 2013-2014 Regular Sessions IN ASSEMBLY June 17, 2013 ___________ Introduced by M. of A. SCHIMMINGER -- (at request of the Governor) -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law and the agriculture and markets law, in relation to the creation of a farm cidery license and to amend the tax law, in relation to farm cidery sales tax infor- mation return filing requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7-b of section 3 of the alcoholic beverage 2 control law, as amended by chapter 578 of the laws of 1978, is amended 3 to read as follows: 4 7-b. (a) "Cider" means the partially or fully fermented juice of 5 fresh, whole apples or other pome fruits, containing more than three and 6 two-tenths per centum but not more than [seven] eight and one-half per 7 centum alcohol by volume[, when used for beverage purposes, and]: (i) to 8 which nothing has been added to increase the alcoholic content produced 9 by natural fermentation; and (ii) with the usual cellar treatments and 10 necessary additions to correct defects due to climate, saccharine levels 11 and seasonal conditions. Nothing contained in this subdivision shall be 12 deemed to preclude the use of such methods or materials as may be neces- 13 sary to encourage a normal alcoholic fermentation and to make a product 14 that is free of microbiological activity at the time of sale. Cider may 15 be sweetened or flavored after fermentation with [apple] fruit juice, 16 [apple] fruit juice concentrate, [or] sugar, maple syrup, honey, spices 17 or other agricultural products, separately or in combination. Cider may 18 contain retained or added carbon dioxide. 19 (b) In the event that an alcoholic beverage meets the definition of 20 both a cider, as defined in this subdivision, and a wine, as defined in 21 subdivision thirty-six of this section, the brand or trade name label 22 owner of such alcoholic beverage shall designate whether such alcoholic EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12041-01-3A. 8047 2 1 beverage shall be sold as a cider or a wine for all purposes under this 2 chapter. 3 § 2. Section 3 of the alcoholic beverage control law is amended by 4 adding two new subdivisions 7-c and 7-d to read as follows: 5 7-c. "Cidery" means and includes any place or premises wherein cider 6 is manufactured for sale. 7 7-d. "Farm cidery" means and includes any place or premises, located 8 on a farm in New York state, in which New York state labelled cider is 9 manufactured, stored and sold, or any other place or premises in New 10 York state in which New York state labelled cider is manufactured, 11 stored and sold. 12 § 3. Subdivision 20-e of section 3 of the alcoholic beverage control 13 law, as added by chapter 108 of the laws of 2012, is amended to read as 14 follows: 15 20-e. "New York state labelled cider" means cider made exclusively 16 from apples or other pome fruits grown in New York state. 17 § 4. Subdivisions 1 and 3 of section 58 of the alcoholic beverage 18 control law, subdivision 1 as amended and subdivision 3 as added by 19 chapter 347 of the laws of 1999, are amended to read as follows: 20 1. Any person may apply to the liquor authority for a cider producers' 21 or wholesalers' license as provided for in this subdivision. Such appli- 22 cation shall be in writing and shall contain such information as the 23 liquor authority shall require. Such application shall be accompanied by 24 a check or draft for the amount required by this subdivision for such 25 license. If the liquor authority shall grant the application it shall 26 issue a license in such form as shall be determined by its rules. A 27 license issued under this subdivision shall authorize the licensee to 28 manufacture cider within the licensed premises in this state for sale in 29 bottles, barrels or casks to beer, wine and liquor retail licensee 30 and/or to sell cider at wholesale from the licensed premises to such 31 licensees and to holders of licenses under this section in bottles, 32 barrels or casks and to sell and deliver cider to persons outside the 33 state pursuant to the laws of the place of such sale or delivery. The 34 annual fee for such a license shall be one hundred twenty-five dollars; 35 provided, however, that the annual fee for a farm cidery license shall 36 be seventy-five dollars. The provisions contained in section sixty-sev- 37 en of this chapter shall apply to all licenses issued pursuant to this 38 article. 39 3. Notwithstanding any provision of this chapter to the contrary, a 40 licensed cider [producer or] wholesaler may apply to the liquor authori- 41 ty for a permit to sell New York state labelled cider by the bottle and 42 conduct cider tastings at the state fair, at recognized county fairs and 43 at farmers markets operated on a not-for-profit basis. As a condition of 44 such permit, an agent, representative or solicitor from the cider 45 [producer or] wholesaler shall be present at the time of sale or tast- 46 ings. 47 § 5. Section 58 of the alcoholic beverage control law is amended by 48 adding a new subdivision 3-a to read as follows: 49 3-a. A licensed cider producer producing New York state labelled cider 50 may: 51 (a) sell such cider to licensed farm distillers, farm wineries, farm 52 cideries and farm breweries. All such cider sold by the licensee shall 53 be securely sealed and have attached thereto a label as shall be 54 required by section one hundred seven-a of this chapter; 55 (b) conduct tastings at the licensed premises of such cider;A. 8047 3 1 (c) sell such cider at retail for consumption off the premises at the 2 state fair, at recognized county fairs and at farmers markets operated 3 on a not-for-profit basis; 4 (d) sell and conduct tastings of such cider at retail for consumption 5 on the premises of a restaurant, conference center, inn, bed and break- 6 fast or hotel business owned and operated by the licensee in or adjacent 7 to its farm cidery. A licensee who operates a restaurant, conference 8 center, inn, bed and breakfast or hotel pursuant to such authority shall 9 comply with all applicable provisions of this chapter which relate to 10 licenses to sell cider at retail for consumption on the premises; 11 (e) apply for a permit to conduct tastings away from the licensed 12 premises of such cider. Such permit shall be valid throughout the state 13 and may be issued on an annual basis or for individual events. Each such 14 permit and the exercise of the privilege granted thereby shall be 15 subject to such rules and conditions of the authority as it deems neces- 16 sary. Tastings shall be conducted subject to the following conditions: 17 (i) tastings shall be conducted by an official agent, representative 18 or solicitor of the licensee. Such agent, representative or solicitor 19 shall be physically present at all times during the conduct of the tast- 20 ings; and 21 (ii) any liability stemming from a right of action resulting from a 22 tasting of cider as authorized herein and in accordance with the 23 provisions of sections 11-100 and 11-101 of the general obligations law, 24 shall accrue to the licensee. 25 (f) if it holds a tasting permit issued pursuant to paragraph (e) of 26 this subdivision, apply to the authority for a permit to sell such 27 cider, for consumption off the premises, during such tastings in prem- 28 ises licensed under sections sixty-four, sixty-four-a, eighty-one and 29 eighty-one-a of this chapter. Each such permit and the exercise of the 30 privilege granted thereby shall be subject to such rules and conditions 31 of the authority as it deems necessary. 32 § 6. The alcoholic beverage control law is amended by adding a new 33 section 58-c to read as follows: 34 § 58-c. Farm cidery license. 1. Any person may apply to the authority 35 for a farm cidery license as provided for in this section to produce 36 cider within this state for sale. Such application shall be in writing 37 and verified and shall contain such information as the authority shall 38 require. Such application shall be accompanied by a check or draft for 39 the amount required by this article for such license. If the authority 40 grants the application, it shall issue a license in such form as shall 41 be determined by its rules. Such license shall contain a description of 42 the licensed premises and in form and in substance shall be a license to 43 the person therein specifically designated to produce cider in the prem- 44 ises therein specifically licensed. 45 2. A farm cidery license shall authorize the holder thereof to operate 46 a cidery for the manufacture of New York state labelled cider. Such a 47 license shall also authorize the licensee to: 48 (a) sell in bulk cider manufactured by the licensee to any person 49 licensed to manufacture alcoholic beverages in this state or to a 50 permittee engaged in the manufacture of products which are unfit for 51 beverage use; 52 (b) sell or deliver cider manufactured by the licensee to persons 53 outside the state pursuant to the laws of the place of such delivery; 54 (c) sell cider manufactured by the licensee to wholesalers and retail- 55 ers licensed in this state to sell such cider, licensed farm distillers, 56 licensed farm wineries, licensed farm breweries and any other licensedA. 8047 4 1 farm cidery. All such cider sold by the licensee shall be securely 2 sealed and have attached thereto a label as shall be required by section 3 one hundred seven-a of this chapter; 4 (d) sell at the licensed premises cider manufactured by the licensee 5 or any other licensed farm cidery at retail for consumption on or off 6 the licensed premises; 7 (e) conduct tastings at the licensed premises of cider manufactured by 8 the licensee or any other licensed farm cidery; 9 (f) sell and conduct tastings of cider manufactured by the licensee or 10 any other licensed farm cidery at retail for consumption on the premises 11 of a restaurant, conference center, inn, bed and breakfast or hotel 12 business owned and operated by the licensee in or adjacent to its farm 13 cidery. A licensee who operates a restaurant, conference center, inn, 14 bed and breakfast or hotel pursuant to such authority shall comply with 15 all applicable provisions of this chapter which relate to licenses to 16 sell cider at retail for consumption on the premises; 17 (g) sell cider manufactured by the licensee or any other licensed farm 18 cidery at retail for consumption off the premises, at the state fair, at 19 recognized county fairs and at farmers markets operated on a not-for- 20 profit basis; 21 (h) conduct tastings of and sell at retail for consumption off the 22 premises New York state labeled beer manufactured by a licensed brewery 23 or licensed farm brewery; 24 (i) conduct tastings of and sell at retail for consumption off the 25 premises New York state labelled wine manufactured by a licensed winery 26 or licensed farm winery; 27 (j) conduct tastings of and sell at retail for consumption off the 28 premises New York state labelled liquor manufactured by a licensed 29 distiller or licensed farm distiller; provided, however, that no consum- 30 er may be provided, directly or indirectly: (i) with more than three 31 samples of liquor for tasting in one calendar day; or (ii) with a sample 32 of liquor for tasting equal to more than one-quarter fluid ounce; and 33 (k) engage in any other business on the licensed premises subject to 34 such rules and regulations as the authority may prescribe. Such rules 35 and regulations shall determine which businesses will be compatible with 36 the policy and purposes of this chapter and shall consider the effect of 37 particular businesses on the community and area in the vicinity of the 38 farm cidery licensee. 39 3. (a) A farm cidery licensee may apply for a permit to conduct tast- 40 ings away from the licensed premises of cider produced by the licensee. 41 Such permit shall be valid throughout the state and may be issued on an 42 annual basis or for individual events. Each such permit and the exercise 43 of the privilege granted thereby shall be subject to such rules and 44 conditions of the authority as it deems necessary. 45 (b) Tastings shall be conducted subject to the following limitations: 46 (i) tastings shall be conducted by an official agent, representative 47 or solicitor of one or more farm cideries. Such agent, representative or 48 solicitor shall be physically present at all times during the conduct of 49 the tastings; and 50 (ii) any liability stemming from a right of action resulting from a 51 tasting of cider as authorized herein and in accordance with the 52 provisions of sections 11-100 and 11-101 of the general obligations law, 53 shall accrue to the farm cidery. 54 4. A licensed farm cidery holding a tasting permit issued pursuant to 55 subdivision three of this section may apply to the authority for a 56 permit to sell cider produced by such farm cidery, by the bottle, duringA. 8047 5 1 such tastings in premises licensed under sections sixty-four, sixty- 2 four-a, eighty-one and eighty-one-a of this chapter. Each such permit 3 and the exercise of the privilege granted thereby shall be subject to 4 such rules and conditions of the authority as it deems necessary. 5 5. A licensed farm cidery may, under such rules as may be adopted by 6 the authority, sell cider manufactured by the licensee or any other 7 licensed farm cidery at retail in bulk by the keg, cask or barrel for 8 consumption and not for resale at a clam-bake, barbeque, picnic, outing 9 or other similar outdoor gathering at which more than fifty persons are 10 assembled. 11 6. A licensed farm cidery may apply to the authority for a license to 12 sell beer, liquor and/or wine at retail for consumption on the premises 13 in a restaurant owned by him and conducted and operated by the licensee 14 in or adjacent to its farm cidery. All of the provisions of this chapter 15 relative to licenses to sell beer, liquor or wine at retail or consump- 16 tion on the premises shall apply so far as applicable. 17 7. A farm cidery license shall authorize the holder thereof to manu- 18 facture, bottle and sell food condiments and products such as mustards, 19 sauces, jams, jellies, mulling spices and other cider related foods in 20 addition to other such food and crafts on and from the licensed prem- 21 ises. Such license shall authorize the holder thereof to store and sell 22 gift items in a tax-paid room upon the licensed premises incidental to 23 the sale of cider. These gift items shall be limited to the following 24 categories: 25 (a) non-alcoholic beverages for consumption on or off premises, 26 including but not limited to bottled water, juice and soda beverages; 27 (b) food items for the purpose of complementing cider tastings, which 28 shall mean a diversified selection of food that is ordinarily consumed 29 without the use of tableware and can be conveniently consumed while 30 standing or walking. Such food items shall include but not be limited 31 to: cheeses, fruits, vegetables, chocolates, breads, mustards and crack- 32 ers; 33 (c) food items, which shall include locally produced farm products and 34 any food or food product not specifically prepared for immediate 35 consumption upon the premises. Such food items may be combined into a 36 package containing cider related products; 37 (d) cider supplies and accessories, which shall include any item 38 utilized for the storage, serving or consumption of cider or for decora- 39 tive purposes. These supplies may be sold as single items or may be 40 combined into a package containing cider; 41 (e) cider-making equipment and supplies including, but not limited to, 42 home cider-making kits, filters, bottling equipment, and books or other 43 written material to assist cider-makers and home cider-makers to produce 44 and bottle cider; 45 (f) souvenir items, which shall include, but not be limited to 46 artwork, crafts, clothing, agricultural products and any other articles 47 which can be construed to propagate tourism within the region. 48 8. Notwithstanding any provision of this chapter to the contrary, any 49 farm cidery licensee may charge for tours of its premises. 50 9. The holder of a license issued under this section may operate up to 51 five branch offices located away from the licensed farm cidery. Such 52 locations shall be considered part of the licensed premises and all 53 activities allowed at and limited to the farm cidery may be conducted at 54 the branch offices. Such branch offices shall not be located within, 55 share a common entrance and exit with, or have any interior access to 56 any other business, including premises licensed to sell alcoholic bever-A. 8047 6 1 ages at retail. Prior to commencing operation of any such branch office, 2 the licensee shall notify the authority of the location of such branch 3 office and the authority may issue a permit for the operation of same. 4 10. No farm cidery shall manufacture in excess of one hundred fifty 5 thousand gallons of cider annually. 6 11. (a) Except as provided in paragraph (b) of this subdivision, no 7 licensed farm cidery shall manufacture or sell any cider other than New 8 York state labelled cider. 9 (b) In the event that the commissioner of agriculture and markets, 10 after investigating and compiling information pursuant to subdivision 11 forty-two of section sixteen of the agriculture and markets law, deter- 12 mines that a natural disaster, act of God, or continued adverse weather 13 condition has destroyed much of the apple crop necessary for producing 14 cider, such commissioner, in consultation with the chairman of the 15 authority, may give authorization to a duly licensed farm cidery to 16 manufacture or sell cider produced from apples grown outside this state. 17 No such authorization shall be granted to a farm cidery licensee unless 18 such licensee certifies to such commissioner the quantity of New York 19 grown apples unavailable to such licensee due to such natural disaster, 20 act of God or continuing adverse weather condition and satisfies such 21 commissioner that reasonable efforts were made to obtain apples from a 22 New York state source for such cider making purpose. No farm cidery 23 shall utilize an amount of out-of-state grown apples exceeding the 24 amount of New York grown apples that such cidery is unable to obtain due 25 to the destruction of New York grown apples by a natural disaster, act 26 of God or continuing adverse weather condition as determined by the 27 commissioner of agriculture and markets pursuant to this subdivision. 28 For purposes of this subdivision, the department of agriculture and 29 markets and the authority are authorized to adopt rules and regulations 30 as they may deem necessary to carry out the provisions of this subdivi- 31 sion which shall include ensuring that in manufacturing cider farm 32 cideries utilize apples grown in New York state to the extent they are 33 reasonably available, prior to utilizing apples from an out-of-state 34 source for such purpose. 35 (c) The commissioner of agriculture and markets shall make available 36 to farm cideries and to the public each specific apple loss determi- 37 nation issued pursuant to paragraph (b) of this subdivision on or after 38 August twentieth of each year. 39 (d) In the event that the continuing effects of a natural disaster, 40 act of God, or adverse weather condition which occurred prior to August 41 twentieth of each year or the effects of a natural disaster, act of God, 42 or adverse weather condition which occurs subsequent to August twentieth 43 of each year results in any apple crop loss which meets the standards 44 provided in paragraph (b) of this subdivision, the commissioner of agri- 45 culture and markets, in consultation with the chairman of the authority, 46 may issue additional apple crop loss determinations and shall expe- 47 ditiously make available to farm cideries and to the public the loss 48 determination issued pursuant to this paragraph prior to October tenth 49 of each year. 50 12. Notwithstanding any contrary provision of law or of any rule or 51 regulation promulgated pursuant thereto, and in addition to the activ- 52 ities which may otherwise be carried out by any person licensed under 53 this section, such person may, on the premises designated in such 54 license: 55 (a) produce, package, bottle, sell and deliver soft drinks and other 56 non-alcoholic beverages, vitamins, and other by-products;A. 8047 7 1 (b) recover carbon dioxide and yeast; 2 (c) store bottles, packages and supplies necessary or incidental to 3 all such operations; 4 (d) package, bottle, sell and deliver wine products; 5 (e) allow for the premises including space and equipment to be rented 6 by a licensed tenant cider producer for the purposes of alternation. 7 13. Notwithstanding any other provision of this chapter, the authority 8 may issue a farm cidery license to the holder of a farm brewery, farm 9 winery or farm distiller's license for use at such licensee's existing 10 licensed premises. The holder of a farm brewery, farm winery or farm 11 distiller's license that simultaneously holds a farm cidery license on 12 an adjacent premises may share and use the same tasting room facilities 13 to conduct any tastings that such licensee is otherwise authorized to 14 conduct. 15 14. The authority is hereby authorized to promulgate rules and regu- 16 lations to effectuate the purposes of this section. In prescribing such 17 rules and regulations, the authority shall promote the expansion and 18 profitability of cider production and of tourism in New York, thereby 19 promoting the conservation, production and enhancement of New York state 20 agricultural lands. 21 § 7. Subdivision 1 of section 56-a of the alcoholic beverage control 22 law, as amended by chapter 108 of the laws of 2012, is amended to read 23 as follows: 24 1. In addition to the annual fees provided for in this chapter, there 25 shall be paid to the authority with each initial application for a 26 license filed pursuant to section fifty-one, fifty-one-a, fifty-three, 27 fifty-eight, fifty-eight-c, sixty-one, sixty-two, seventy-six or seven- 28 ty-eight of this chapter, a filing fee of four hundred dollars; with 29 each initial application for a license filed pursuant to section sixty- 30 three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a 31 filing fee of two hundred dollars; with each initial application for a 32 license filed pursuant to section fifty-three-a, fifty-four, fifty-five, 33 fifty-five-a, seventy-nine, eighty-one or eighty-one-a of this chapter, 34 a filing fee of one hundred dollars; with each initial application for a 35 permit filed pursuant to section ninety-one, ninety-one-a, ninety-two, 36 ninety-two-a, ninety-three, ninety-three-a, if such permit is to be 37 issued on a calendar year basis, ninety-four, ninety-five, ninety-six or 38 ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one 39 of section ninety-nine-b of this chapter if such permit is to be issued 40 on a calendar year basis, or for an additional bar pursuant to subdivi- 41 sion four of section one hundred of this chapter, a filing fee of twenty 42 dollars; and with each application for a permit under section ninety- 43 three-a of this chapter, other than a permit to be issued on a calendar 44 year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety- 45 nine-b of this chapter, other than a permit to be issued pursuant to 46 paragraph b, c, e or j of subdivision one of section ninety-nine-b of 47 this chapter on a calendar year basis, a filing fee of ten dollars. 48 § 8. Subdivision 2 of section 56-a of the alcoholic beverage control 49 law, as amended by chapter 108 of the laws of 2012, is amended to read 50 as follows: 51 2. In addition to the annual fees provided for in this chapter, there 52 shall be paid to the authority with each renewal application for a 53 license filed pursuant to section fifty-one, fifty-one-a, fifty-three, 54 fifty-eight, fifty-eight-c, sixty-one, sixty-two, seventy-six or seven- 55 ty-eight of this chapter, a filing fee of one hundred dollars; with each 56 renewal application for a license filed pursuant to section sixty-three,A. 8047 8 1 sixty-four, sixty-four-a or sixty-four-b of this chapter, a filing fee 2 of ninety dollars; with each renewal application for a license filed 3 pursuant to section seventy-nine, eighty-one or eighty-one-a of this 4 chapter, a filing fee of twenty-five dollars; and with each renewal 5 application for a license or permit filed pursuant to section fifty- 6 three-a, fifty-four, fifty-five, fifty-five-a, ninety-one, ninety-one-a, 7 ninety-two, ninety-two-a, ninety-three, ninety-three-a, if such permit 8 is issued on a calendar year basis, ninety-four, ninety-five, ninety-six 9 or ninety-six-a of this chapter or pursuant to subdivisions b, c, e or j 10 of section ninety-nine-b, if such permit is issued on a calendar year 11 basis, or with each renewal application for an additional bar pursuant 12 to subdivision four of section one hundred of this chapter, a filing fee 13 of thirty dollars. 14 § 9. Paragraph (a) of subdivision 6-a of section 51 of the alcoholic 15 beverage control law, as added by chapter 108 of the laws of 2012, is 16 amended to read as follows: 17 (a) sell such beer to licensed farm distillers, farm wineries, farm 18 cideries and farm breweries. All such beer sold by the licensee shall be 19 securely sealed and have attached thereto a label as shall be required 20 by section one hundred seven-a of this chapter; 21 § 10. Paragraph (d) of subdivision 2 of section 51-a of the alcoholic 22 beverage control law, as added by chapter 108 of the laws of 2012, is 23 amended to read as follows: 24 (d) sell beer and cider manufactured by the licensee to wholesalers 25 and retailers licensed in this state to sell such beer and cider, 26 licensed farm distillers, licensed farm wineries, licensed farm cideries 27 and any other licensed farm brewery. All such beer and cider sold by the 28 licensee shall be securely sealed and have attached thereto a label as 29 shall be required by section one hundred seven-a of this chapter; 30 § 11. Paragraphs (j) and (k) of subdivision 2 of section 51-a of the 31 alcoholic beverage control law are relettered paragraphs (k) and (l) and 32 a new paragraph (j) is added to read as follows: 33 (j) conduct tastings of and sell at retail for consumption off the 34 premises New York state labelled cider manufactured by a licensed cider 35 producer or licensed farm cidery; 36 § 12. Subdivision 1 of section 61 of the alcoholic beverage control 37 law, as amended by chapter 108 of the laws of 2012, is amended to read 38 as follows: 39 1. A class A distiller's license shall authorize the holder thereof to 40 operate a distillery for the manufacture of liquors by distillation or 41 redistillation at the premises specifically designated in the license. 42 Such a license shall also authorize the sale in bulk by such licensee 43 from the licensed premises of the products manufactured under such 44 license to any person holding a distiller's class A license, a 45 distiller's class B license or a permittee engaged in the manufacture of 46 products which are unfit for beverage use. It shall also authorize the 47 sale from the licensed premises and from one other location in the state 48 of New York of any liquor whether or not manufactured by such licensee 49 to a wholesale or retail liquor licensee or permittee in sealed contain- 50 ers of not more than one quart each. Such license shall also authorize 51 the sale of New York state labelled liquor to licensed farm wineries, 52 farm cideries, farm distilleries and farm breweries in sealed containers 53 of not more than one quart each. Such license shall also include the 54 privilege to operate a rectifying plant under the same terms and condi- 55 tions as the holder of a class B distiller's license without the payment 56 of any additional fee.A. 8047 9 1 § 13. Subdivision 1-a of section 61 of the alcoholic beverage control 2 law, as amended by chapter 571 of the laws of 2008, is amended to read 3 as follows: 4 1-a. A class A-1 distiller's license shall authorize the holder there- 5 of to operate a distillery which has a production capacity of no more 6 than thirty-five thousand gallons per year for the manufacture of 7 liquors by distillation or redistillation at the premises specifically 8 designated in the license. Such a license shall also authorize the sale 9 in bulk by such licensee from the licensed premises of the products 10 manufactured under such license to any person holding a winery license, 11 farm winery license, distiller's class A license, a distiller's class B 12 license or a permittee engaged in the manufacture of products which are 13 unfit for beverage use. It shall also authorize the sale from the 14 licensed premises and from one other location in the state of New York 15 of liquors manufactured by such licensee to a wholesale or retail liquor 16 licensee or permittee in sealed containers of not more than one quart 17 each. In addition, it shall authorize such licensee to sell from the 18 licensed premises New York state labelled liquors to [a] licensed farm 19 [winery licensee] wineries, farm breweries, farm distilleries and farm 20 cideries in sealed containers of not more than one quart for retail sale 21 for off-premises consumption. Such license shall also include the privi- 22 lege to operate a rectifying plant under the same terms and conditions 23 as the holder of a class B-1 distiller's license without the payment of 24 any additional fee. 25 § 14. Paragraph (a) of subdivision 2-c of section 61 of the alcoholic 26 beverage control law, as amended by chapter 108 of the laws of 2012, is 27 amended to read as follows: 28 (a) A class D distiller's license, otherwise known as a farm distil- 29 lery license, shall authorize the holder of such a license to operate a 30 farm distillery at the premises specifically designated in the license: 31 (i) To manufacture liquor primarily from farm and food products, as 32 defined in subdivision two of section two hundred eighty-two of the 33 agriculture and markets law; 34 (ii) To put such liquor into containers of not more than one quart 35 each, which containers shall then be sealed and to sell such liquor at 36 wholesale, for resale, and to licensed farm wineries, farm cideries 37 [and], farm breweries[,] and other farm distilleries, wholesale and 38 retail licensees, and permittees; 39 (iii) To sell at retail, for personal use, in such sealed containers; 40 (iv) To sell in bulk, liquor manufactured by the licensee to a winery 41 or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C 42 distiller's license, or to the holder of a permit issued pursuant to 43 paragraph c of subdivision one of section ninety-nine-b of this chapter; 44 (v) To conduct tastings of and sell at retail for consumption off the 45 premises New York state labelled beer manufactured by a licensed brewer 46 or licensed farm brewery; 47 (vi) To conduct tastings of and sell at retail for consumption off the 48 premises New York state labelled cider manufactured by a licensed brew- 49 er, licensed farm brewery, licensed farm winery [or], licensed cider 50 producer or licensed farm cidery; and 51 (vii) To conduct tastings of and sell at retail for consumption off 52 the premises New York state labelled wine manufactured by a licensed 53 winery or licensed farm winery. 54 § 15. Paragraph (e) of subdivision 2 of section 76 of the alcoholic 55 beverage control law, as amended by chapter 108 of the laws of 2012, is 56 amended to read as follows:A. 8047 10 1 (e) to sell from the licensed premises to licensed farm wineries, farm 2 cideries, farm distilleries and farm breweries New York state labelled 3 wine manufactured by the licensee in the original sealed containers of 4 not more than fifteen gallons each; and 5 § 16. Paragraph (c) of subdivision 2 of section 76-a of the alcoholic 6 beverage control law, as amended by chapter 108 of the laws of 2012, is 7 amended to read as follows: 8 (c) sell from the licensed premises to a licensed winery, farm distil- 9 ler, farm brewery, farm cidery, wholesaler or retailer, or to a corpo- 10 ration operating railroad cars or aircraft for consumption on such 11 carriers, or at retail for consumption off the premises, wine or cider 12 manufactured by the licensee as above set forth and to sell or deliver 13 such wine or cider to persons outside the state pursuant to the laws of 14 the place of such sale or delivery. All wine or cider sold by such 15 licensee for consumption off the premises shall be securely sealed and 16 have attached thereto a label setting forth such information as shall be 17 required by this chapter; 18 § 17. Paragraph (h) of subdivision 6 of section 76-a of the alcoholic 19 beverage control law, as added by chapter 108 of the laws of 2012, is 20 amended to read as follows: 21 (h) Conduct tastings of and sell at retail for consumption off the 22 premises New York state labelled cider manufactured by a licensed brew- 23 er, licensed farm brewery, licensed farm winery [or], licensed cider 24 producer or licensed farm cidery. 25 § 18. Paragraph (c) of subdivision 42 of section 16 of the agriculture 26 and markets law, as added by chapter 108 of the laws of 2012, is amended 27 to read as follows: 28 (c) For purposes of making timely determinations and consulting with 29 the chairman of the state liquor authority pursuant to subdivision 30 twelve of section fifty-one-a and subdivision eleven of section fifty- 31 eight-c of the alcoholic beverage control law, investigate and compile 32 information relative to natural disasters, acts of God, or continued 33 adverse weather conditions which shall affect the crop of apples used in 34 the production of cider. 35 § 19. Paragraph (i) of subdivision 22 of section 210 of the tax law, 36 as amended by section 6 of part K of chapter 62 of the laws of 2006, is 37 amended to read as follows: 38 (i) Special rules. For purposes of this subdivision, the term "federal 39 gross income from farming" shall include gross income from the 40 production of maple syrup, cider, Christmas trees derived from a managed 41 Christmas tree operation whether dug for transplanting or cut from the 42 stump, or from a commercial horse boarding operation as defined in 43 subdivision thirteen of section three hundred one of the agriculture and 44 markets law, or from the sale of wine from a licensed farm winery as 45 provided for in article six of the alcoholic beverage control law, or 46 from the sale of cider from a licensed farm cidery as provided for in 47 section fifty-eight-c of the alcoholic beverage control law. 48 § 20. Paragraph 8 of subsection (n) of section 606 of the tax law, as 49 amended by section 3 of part K of chapter 62 of the laws of 2006, is 50 amended to read as follows: 51 (8) Special rules. For purposes of this subsection, the term "federal 52 gross income from farming" shall include gross income from the 53 production of maple syrup, cider, Christmas trees derived from a managed 54 Christmas tree operation whether dug for transplanting or cut from the 55 stump, or from a commercial horse boarding operation as defined in 56 subdivision thirteen of section three hundred one of the agriculture andA. 8047 11 1 markets law, or from the sale of wine from a licensed farm winery as 2 provided for in article six of the alcoholic beverage control law, or 3 from the sale of cider from a licensed farm cidery as provided for in 4 section fifty-eight-c of the alcoholic beverage control law. 5 § 21. Subparagraph (C) of paragraph 1 of subdivision (i) of section 6 1136 of the tax law, as amended by chapter 108 of the laws of 2012, is 7 amended to read as follows: 8 (C) Every wholesaler, as defined by section three of the alcoholic 9 beverage control law, if it has made a sale of an alcoholic beverage, as 10 defined by section four hundred twenty of this chapter, without collect- 11 ing sales or use tax during the period covered by the return, except (i) 12 a sale to a person that has furnished an exempt organization certificate 13 to the wholesaler for that sale; or (ii) a sale to another wholesaler 14 whose license under the alcoholic beverage control law does not allow it 15 to make retail sales of the alcoholic beverage. For each vendor, opera- 16 tor, or recipient to whom the wholesaler has made a sale without 17 collecting sales or compensating use tax, the return must include the 18 total value of those sales made during the period covered by the return 19 (excepting the sales described in clauses (i) and (ii) of this subpara- 20 graph) and the vendor's, operator's or recipient's state liquor authori- 21 ty license number, along with the information required by paragraph two 22 of this subdivision. A person operating pursuant to a farm winery 23 license as provided in section seventy-six-a of the alcoholic beverage 24 control law, or a person operating pursuant to a farm distillery license 25 as provided in subdivision two-c of section sixty-one of such law, or a 26 person operating pursuant to a farm cidery license as provided in 27 section fifty-eight-c of the alcoholic beverage control law, or a person 28 operating pursuant to a farm brewery license as provided in section 29 fifty-one-a of the alcoholic beverage control law, or a person operating 30 pursuant to any combination of such licenses, shall not be subject to 31 any of the requirements of this subdivision. 32 § 22. This act shall take effect on the ninetieth day after it shall 33 have become a law.