STATE OF NEW YORK
________________________________________________________________________
11113
IN ASSEMBLY
June 5, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger,
Lupardo, Magee, Fahy, Jenne) -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
production and control of mead; and to repeal certain provisions of
such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 3-c to read as follows:
3 3-c. "Braggot" shall mean a malt alcoholic beverage made primarily
4 from honey, water, and malt and/or hops; it may also contain fruits,
5 spices, herbs, grain or other agricultural products. Honey shall repre-
6 sent at least fifty-one percent of the starting fermentable sugars by
7 weight of the finished product. For the purposes of this chapter, brag-
8 got shall be designated and sold as a beer.
9 § 2. Subdivision 12-aa of section 3 of the alcoholic beverage control
10 law, as added by chapter 221 of the laws of 2011, is amended to read as
11 follows:
12 12-aa. "Farm" means the land, buildings and equipment used to produce,
13 prepare and market crops, livestock and livestock products as a commer-
14 cial enterprise. For the purposes of a farm meadery, farm means the
15 land, buildings and equipment used to prepare and market honey and
16 apiary products as a commercial enterprise. A farm may consist of one or
17 more parcels of owned or rented land, which parcels may be contiguous or
18 noncontiguous to each other.
19 § 3. Section 3 of the alcoholic beverage control law is amended by
20 adding a new subdivision 12-aaaa to read as follows:
21 12-aaaa. "Farm meadery" means and includes any place or premises,
22 located on a farm in New York state, in which New York state labelled
23 mead or New York state labelled braggot is manufactured, stored and
24 sold, or any other place or premises in New York state in which New York
25 state labelled mead or New York state labelled braggot is manufactured,
26 stored and sold.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15810-03-8
A. 11113 2
1 § 4. Section 3 of the alcoholic beverage control law is amended by
2 adding a new subdivision 19-a to read as follows:
3 19-a. "Mead" shall mean a wine made primarily from honey and water; it
4 may also contain hops, fruits, spices, herbs, grain, or other agricul-
5 tural products. Honey shall represent at least fifty-one percent of the
6 starting fermentable sugars by weight of the finished product. The brand
7 or trade label owner of such alcoholic beverage shall designate whether
8 such alcoholic beverage shall be sold as and treated in the same manner
9 as wine or mead for all purposes under this chapter. Provided, however,
10 any mead containing more than eight and one-half per centum alcohol by
11 volume shall be designated, sold as, and treated in the same manner as
12 wine.
13 § 5. Section 3 of the alcoholic beverage control law is amended by
14 adding a new subdivision 20-f to read as follows:
15 20-f. "New York state labelled braggot" means braggot made exclusively
16 from honey produced in New York state.
17 § 6. Section 3 of the alcoholic beverage control law is amended by
18 adding a new subdivision 20-g to read as follows:
19 20-g. "New York state labelled mead" means mead made exclusively from
20 honey produced in New York state.
21 § 7. The alcoholic beverage control law is amended by adding a new
22 article 3 to read as follows:
23 ARTICLE 3
24 SPECIAL PROVISIONS RELATING TO MEAD AND BRAGGOT
25 Section 30. Mead producers' license.
26 31. Farm meadery license.
27 32. Authorization for sale of mead and braggot by retail licen-
28 sees.
29 33. Authorization for sale of mead and braggot by wholesale
30 licensees.
31 34. Mead and braggot tasting.
32 § 30. Mead producers' license. 1. Any person may apply to the liquor
33 authority for a mead producers' license as provided for in this section.
34 Such application shall be in writing and shall contain such information
35 as the liquor authority shall require. Such application shall be accom-
36 panied by a check or draft for the amount required by this subdivision
37 for such license. If the liquor authority shall grant the application it
38 shall issue a license in such form as shall be determined by its rules.
39 A license issued under this subdivision shall authorize the licensee to
40 manufacture mead and braggot within the licensed premises in this state
41 for sale in bottles, barrels or casks to beer, wine and liquor retail
42 licensees pursuant to section thirty-two of this article and to sell and
43 deliver mead and braggot to persons outside the state pursuant to the
44 laws of the place of such sale or delivery. The annual fee for such a
45 license shall be one hundred twenty-five dollars; provided, however,
46 that the annual fee for a farm meadery license shall be seventy-five
47 dollars. The provisions contained in section sixty-seven of this chapter
48 shall apply to all licenses issued pursuant to this article.
49 2. (a) Any person licensed pursuant to subdivision one of this section
50 may conduct mead tastings of New York state labelled meads in establish-
51 ments licensed pursuant to section sixty-three of this chapter to sell
52 alcoholic beverages for off-premises consumption. Such mead producer or
53 wholesaler may charge a fee of not more than twenty-five cents for each
54 mead sample tasted. The liquor authority shall promulgate rules and
55 regulations relating to the conduct of such tastings.
A. 11113 3
1 (b) Any person licensed pursuant to subdivision one of this section
2 may conduct tastings of New York state labelled mead and New York state
3 labeled braggot and apply to the liquor authority for a permit to sell
4 mead and braggot produced by such mead producer or wholesaler, by the
5 bottle, during such tastings in establishments licensed pursuant to
6 section sixty-four of this chapter to sell alcoholic beverages for
7 consumption on the premises. Such mead producer may charge a fee of not
8 more than twenty-five cents for each mead or braggot sample tasted. The
9 liquor authority shall promulgate rules and regulations relating to the
10 conduct of tastings.
11 (c) Mead and braggot tastings shall be conducted subject to the
12 following limitations:
13 (i) mead and braggot tastings shall be conducted by an official agent,
14 representative or solicitor of one or more mead producers or whole-
15 salers. Such agent, representative or solicitor shall be physically
16 present at all times during the conduct of the tastings; and
17 (ii) any liability stemming from a right of action resulting from a
18 mead and/or braggot tasting as authorized pursuant to this subdivision
19 and in accordance with the provisions of sections 11-100 and 11-101 of
20 the general obligations law, shall accrue to the mead producer or whole-
21 saler licensee.
22 3. A licensed mead producer producing New York state labelled mead
23 and/or New York state labelled braggot may:
24 (a) sell such mead and braggot to licensed farm distillers, farm
25 wineries, farm cideries and farm breweries. All such mead and braggot
26 sold by the licensee shall be securely sealed and have attached thereto
27 a label as shall be required by section one hundred seven-a of this
28 chapter;
29 (b) conduct tastings at the licensed premises of such mead and braggot
30 or any other New York state labeled mead or braggot;
31 (c) sell such mead and braggot at retail for consumption off the prem-
32 ises at the state fair, at recognized county fairs and at farmers
33 markets operated on a not-for-profit basis;
34 (d) sell and conduct tastings of such mead and braggot at retail for
35 consumption on the premises of a restaurant, conference center, inn, bed
36 and breakfast or hotel business owned and operated by the licensee in or
37 adjacent to its meadery. A licensee who operates a restaurant, confer-
38 ence center, inn, bed and breakfast or hotel pursuant to such authority
39 shall comply with all applicable provisions of this chapter which relate
40 to licenses to sell mead at retail for consumption on the premises;
41 (e) apply for a permit to conduct tastings away from the licensed
42 premises of such mead and braggot. Such permit shall be valid throughout
43 the state and may be issued on an annual basis or for individual events.
44 Each such permit and the exercise of the privilege granted thereby shall
45 be subject to such rules and conditions of the authority as it deems
46 necessary. Tastings shall be conducted subject to the following condi-
47 tions:
48 (i) tastings shall be conducted by an official agent, representative
49 or solicitor of the licensee. Such agent, representative or solicitor
50 shall be physically present at all times during the conduct of the tast-
51 ings; and
52 (ii) any liability stemming from a right of action resulting from a
53 tasting of mead or braggot as authorized herein and in accordance with
54 the provisions of sections 11-100 and 11-101 of the general obligations
55 law, shall accrue to the licensee.
A. 11113 4
1 (f) if it holds a tasting permit issued pursuant to paragraph (e) of
2 this subdivision, apply to the authority for a permit to sell such mead,
3 for consumption off the premises, during such tastings in premises
4 licensed under section sixty-four or sixty-four-a of this chapter; or
5 apply to the authority for a permit to sell such mead and/or braggot at
6 a premises licensed under section eighty-one or eighty-one-a of this
7 chapter. Each such permit and the exercise of the privilege granted
8 thereby shall be subject to such rules and conditions of the authority
9 as it deems necessary.
10 4. A mead producer shall manufacture at least fifty gallons of mead
11 and/or braggot annually.
12 § 31. Farm meadery license. 1. Any person may apply to the authority
13 for a farm meadery license as provided for in this section to produce
14 mead and braggot within this state for sale. Such application shall be
15 in writing and verified and shall contain such information as the
16 authority shall require. Such application shall be accompanied by a
17 check or draft in the amount of seventy-five dollars. If the authority
18 grants the application, it shall issue a license in such form as shall
19 be determined by its rules. Such license shall contain a description of
20 the licensed premises and in form and in substance shall be a license to
21 the person therein specifically designated to produce mead and braggot
22 in the premises therein specifically licensed.
23 2. A farm meadery license shall authorize the holder thereof to oper-
24 ate a meadery for the manufacture of New York state labelled mead and
25 New York state labelled braggot. Such a license shall also authorize the
26 licensee to:
27 (a) sell in bulk mead and braggot manufactured by the licensee to any
28 person licensed to manufacture alcoholic beverages in this state or to a
29 permittee engaged in the manufacture of products which are unfit for
30 beverage use;
31 (b) sell or deliver mead and braggot manufactured by the licensee to
32 persons outside the state pursuant to the laws of the place of such
33 delivery;
34 (c) sell mead and braggot manufactured by the licensee to wholesalers
35 and retailers licensed in this state to sell such mead and braggot
36 pursuant to section thirty-three of this article, licensed farm distil-
37 lers, licensed farm wineries, licensed wineries, licensed farm breweries
38 and any other licensed farm meadery. All such mead and braggot sold by
39 the licensee shall be securely sealed and have attached thereto a label
40 as shall be required by section one hundred seven-a of this chapter;
41 (d) (i) at the licensed premises, conduct tastings of, and sell at
42 retail for consumption on or off the licensed premises, any mead and
43 braggot manufactured by the licensee or any New York state labelled mead
44 or New York state labelled braggot. Provided, however, for tastings and
45 sales for on-premises consumption, the licensee shall regularly keep
46 food available for sale or service to its retail customers for consump-
47 tion on the premises. A licensee providing the following shall be deemed
48 in compliance with this provision: (A) sandwiches, soups or other such
49 foods, whether fresh, processed, pre-cooked or frozen; and/or (B) food
50 items intended to complement the tasting of alcoholic beverages, which
51 shall mean a diversified selection of food that is ordinarily consumed
52 without the use of tableware and can be conveniently consumed while
53 standing or walking, including but not limited to: cheeses, fruits,
54 vegetables, chocolates, breads, mustards and crackers. All of the
55 provisions of this chapter relative to licensees selling mead and brag-
56 got at retail shall apply; and
A. 11113 5
1 (ii) operate a restaurant, hotel, catering establishment, or other
2 food and drinking establishment in or adjacent to the licensed premises
3 and sell at such place, at retail for consumption on the premises, mead
4 and braggot manufactured by the licensee and any New York state labelled
5 mead or New York state labeled braggot. All of the provisions of this
6 chapter relative to licensees to selling mead and braggot at retail
7 shall apply. Notwithstanding any other provision of law, the licensed
8 farm meadery may apply to the authority for a license under this chapter
9 to sell other alcoholic beverages at retail for consumption on the prem-
10 ises at such establishment;
11 (e) sell mead and braggot manufactured by the licensee or any other
12 licensed farm meadery at retail for consumption off the premises, at the
13 state fair, at recognized county fairs and at farmers markets operated
14 on a not-for-profit basis;
15 (f) conduct tastings of and sell at retail for consumption on or off
16 the premises New York state labeled beer manufactured by a licensed
17 brewery or licensed farm brewery;
18 (g) conduct tastings of and sell at retail for consumption on or off
19 the premises New York state labelled wine manufactured by a licensed
20 winery or licensed farm winery;
21 (h) conduct tastings of and sell at retail for consumption on or off
22 the premises New York state labelled liquor manufactured by a licensed
23 distiller or licensed farm distiller; provided, however, that no consum-
24 er may be provided, directly or indirectly: (i) with more than three
25 samples of liquor for tasting in one calendar day; or (ii) with a sample
26 of liquor for tasting equal to more than one-quarter fluid ounce; and
27 (i) engage in any other business on the licensed premises subject to
28 such rules and regulations as the authority may prescribe. Such rules
29 and regulations shall determine which businesses will be compatible with
30 the policy and purposes of this chapter and shall consider the effect of
31 particular businesses on the community and area in the vicinity of the
32 farm meadery licensee.
33 3. (a) A farm meadery licensee may apply for a permit to conduct tast-
34 ings away from the licensed premises of mead and braggot produced by the
35 licensee. Such permit shall be valid throughout the state and may be
36 issued on an annual basis or for individual events. Each such permit and
37 the exercise of the privilege granted thereby shall be subject to such
38 rules and conditions of the authority as it deems necessary.
39 (b) Tastings shall be conducted subject to the following limitations:
40 (i) tastings shall be conducted by an official agent, representative
41 or solicitor of one or more farm meaderies. Such agent, representative
42 or solicitor shall be physically present at all times during the conduct
43 of the tastings; and
44 (ii) any liability stemming from a right of action resulting from a
45 tasting of mead or braggot as authorized herein and in accordance with
46 the provisions of sections 11-100 and 11-101 of the general obligations
47 law, shall accrue to the farm meadery.
48 4. A licensed farm meadery holding a tasting permit issued pursuant to
49 subdivision three of this section may apply to the authority for a
50 permit to sell mead produced by such farm meadery, by the bottle, during
51 such tastings in premises licensed under section sixty-four or sixty-
52 four-a of this chapter; or apply to the authority for a permit to sell
53 such mead and/or braggot at a premises licensed under section eighty-one
54 or eighty-one-a of this chapter. Each such permit and the exercise of
55 the privilege granted thereby shall be subject to such rules and condi-
56 tions of the authority as it deems necessary.
A. 11113 6
1 5. A licensed farm meadery may, under such rules as may be adopted by
2 the authority, sell mead and braggot manufactured by the licensee or any
3 other licensed farm meadery at retail in bulk by the keg, cask or barrel
4 for consumption and not for resale at a clam-bake, barbeque, picnic,
5 outing or other similar outdoor gathering at which more than fifty
6 persons are assembled.
7 6. A licensed farm meadery may apply to the authority for a license to
8 sell beer, liquor and/or wine at retail for consumption on the premises
9 in a restaurant owned, conducted, and operated by the licensee in or
10 adjacent to its farm meadery. All of the provisions of this chapter
11 relative to licenses to sell beer, liquor or wine at retail or consump-
12 tion on the premises shall apply so far as applicable.
13 7. A farm meadery license shall authorize the holder thereof to manu-
14 facture, bottle and sell food condiments and products such as honey,
15 mustards, sauces, jams, jellies, mulling spices and other mead related
16 foods in addition to other such food and crafts on and from the licensed
17 premises. Such license shall authorize the holder thereof to store and
18 sell gift items in a tax-paid room upon the licensed premises incidental
19 to the sale of mead and braggot. These gift items shall be limited to
20 the following categories:
21 (a) non-alcoholic beverages for consumption on or off premises,
22 including but not limited to bottled water, juice and soda beverages;
23 (b) food items for the purpose of complementing mead and braggot tast-
24 ings, which shall mean a diversified selection of food that is ordinar-
25 ily consumed without the use of tableware and can be conveniently
26 consumed while standing or walking. Such food items shall include but
27 not be limited to: cheeses, fruits, vegetables, chocolates, breads,
28 baked goods, mustards and crackers;
29 (c) food items, which shall include locally produced farm products and
30 any food or food product not specifically prepared for immediate
31 consumption upon the premises. Such food items may be combined into a
32 package containing mead and/or braggot related products;
33 (d) mead and braggot supplies and accessories, which shall include any
34 item utilized for the storage, serving or consumption of mead or braggot
35 or for decorative purposes. These supplies may be sold as single items
36 or may be combined into a package containing mead and/or braggot;
37 (e) mead-making and braggot-making equipment and supplies including,
38 but not limited to, honey, home mead-making kits, braggot-making kits,
39 pumps, filters, yeasts, chemicals and other mead and braggot additives,
40 bottling equipment, bottles, mead and braggot storage and fermenting
41 vessels, barrels, and books or other written material to assist mead-
42 makers and braggot-makers and home mead-makers and braggot-makers to
43 produce and bottle mead and braggot;
44 (f) souvenir items, which shall include, but not be limited to
45 artwork, crafts, clothing, agricultural products and any other articles
46 which can be construed to propagate tourism within the region.
47 8. Notwithstanding any provision of this chapter to the contrary, any
48 farm meadery licensee may charge for tours of its premises.
49 9. The holder of a license issued under this section may operate up to
50 five branch offices located away from the licensed farm meadery. Such
51 locations shall be considered part of the licensed premises and all
52 activities allowed at and limited to the farm meadery may be conducted
53 at the branch offices. Such branch offices shall not be located within,
54 share a common entrance and exit with, or have any interior access to
55 any other business, including premises licensed to sell alcoholic bever-
56 ages at retail. Prior to commencing operation of any such branch office,
A. 11113 7
1 the licensee shall notify the authority of the location of such branch
2 office and the authority may issue a permit for the operation of same.
3 10. (a) No farm meadery shall manufacture in excess of two hundred
4 fifty thousand gallons of mead and/or braggot annually.
5 (b) A licensed farm meadery shall produce at least fifty gallons of
6 mead and/or braggot annually.
7 11. Notwithstanding any contrary provision of law or of any rule or
8 regulation promulgated pursuant thereto, and in addition to the activ-
9 ities which may otherwise be carried out by any person licensed under
10 this section, such person may, on the premises designated in such
11 license:
12 (a) produce, package, bottle, sell and deliver soft drinks and other
13 non-alcoholic beverages, vitamins, and other by-products;
14 (b) recover carbon dioxide and yeast;
15 (c) store bottles, packages and supplies necessary or incidental to
16 all such operations;
17 (d) package, bottle, sell and deliver wine products;
18 (e) allow for the premises including space and equipment to be rented
19 by a licensed tenant mead producer for the purposes of alternation.
20 12. Notwithstanding any other provision of this chapter, the authority
21 may issue a farm meadery license to the holder of a farm meadery, farm
22 brewery, farm winery or farm distiller's license for use at such
23 licensee's existing licensed premises. The holder of a farm meadery,
24 farm brewery, farm winery or farm distiller's license that simultaneous-
25 ly holds a farm meadery license on an adjacent premises may share and
26 use the same tasting room facilities to conduct any tastings that such
27 licensee is otherwise authorized to conduct.
28 13. The authority is hereby authorized to promulgate rules and regu-
29 lations to effectuate the purposes of this section. In prescribing such
30 rules and regulations, the authority shall promote the expansion and
31 profitability of mead and braggot production and of tourism in New York,
32 thereby promoting the conservation, production and enhancement of New
33 York state agricultural lands.
34 § 32. Authorization for sale of mead and braggot by retail licensees.
35 1. Each retail licensee under this chapter shall have the right, by
36 virtue of his or her license and without being required to pay any addi-
37 tional fee for the privilege, to sell at retail for consumption on or
38 off the premises, as the case may be, mead which has not been designated
39 as a wine pursuant to subdivision nineteen-a of section three of this
40 chapter and has been purchased from a person licensed to produce or sell
41 mead at wholesale under this chapter.
42 2. Each retail licensee authorized to sell wine under this chapter
43 shall have the right, by virtue of his or her license and without being
44 required to pay any additional fee for the privilege, to sell at retail
45 for consumption on or off the premises, as the case may be, mead which
46 has been designated as a wine pursuant to subdivision nineteen-a of
47 section three of this chapter and which has been purchased from a person
48 licensed to produce or sell mead at wholesale under this chapter.
49 3. Each retail licensee authorized to sell beer under this chapter
50 shall have the right, by virtue of his or her license and without being
51 required to pay any additional fee for the privilege, to sell at retail
52 for consumption on or off the premises, as the case may be, braggot
53 which has been purchased from a person licensed to produce or sell brag-
54 got at wholesale under this chapter.
55 § 33. Authorization for sale of mead and braggot by wholesale licen-
56 sees. 1. Each wholesale licensee authorized to sell beer under this
A. 11113 8
1 chapter shall have the right, by virtue of its license and without being
2 required to pay any additional fee for the privilege, to sell at whole-
3 sale:
4 (a) braggot purchased from a person licensed to produce braggot under
5 this chapter. Such braggot shall be subject to the provisions of this
6 chapter regarding the tasting and sale of beer at wholesale and retail;
7 or
8 (b) mead purchased from a person licensed to produce mead and which
9 has not been designated as wine pursuant to subdivision nineteen-a of
10 section three of this chapter. Such mead shall be subject to the
11 provisions of this chapter regarding the tasting and sale of beer at
12 wholesale and retail.
13 2. Each wholesale licensee authorized to sell wine under this chapter
14 shall have the right, by virtue or its license and without being
15 required to pay any additional fee for the privilege, to sell at whole-
16 sale mead purchased from a person licensed to produce mead and which has
17 been designated as wine pursuant to subdivision nineteen-a of section
18 three of this chapter. Such mead shall be subject to the provisions of
19 this chapter regarding the tasting and sale or wine at wholesale and
20 retail.
21 § 34. Mead and braggot tasting. Any person holding a retail license
22 under this chapter shall be permitted to conduct consumer tastings of
23 mead and braggot upon such person's licensed premises. All such tastings
24 shall be subject to the following limitations:
25 1. Tastings of mead and braggot shall be conducted by the licensee or
26 an authorized agent of the licensee. Provided, however, a licensed
27 wholesaler shall not serve as the authorized agent for another entity,
28 nor shall a licensed wholesaler be involved in any manner with a mead or
29 braggot tasting conducted by another entity.
30 2. No more than three samples of mead and/or braggot may be provided
31 to a person in one calendar day.
32 3. No sample may exceed three fluid ounces.
33 4. No tasting shall be held during the hours prohibited by the
34 provisions of sections one hundred five and one hundred five-a of this
35 chapter.
36 5. Any liability stemming from a right of action resulting from a
37 tasting authorized by this section and in accordance with the provisions
38 of sections 11-100 and 11-101 of the general obligations law shall
39 accrue to the licensee.
40 6. No person under the age of twenty-one shall be permitted to serve a
41 sample or handle an open container of mead or braggot.
42 § 8. Subdivision 3 of section 17 of the alcoholic beverage control
43 law, as amended by section 3 of chapter 297 of the laws of 2016, is
44 amended to read as follows:
45 3. To revoke, cancel or suspend for cause any license or permit issued
46 under this chapter and/or to impose a civil penalty for cause against
47 any holder of a license or permit issued pursuant to this chapter. Any
48 civil penalty so imposed shall not exceed the sum of ten thousand
49 dollars as against the holder of any retail permit issued pursuant to
50 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
51 paragraph f of subdivision one of section ninety-nine-b of this chapter,
52 and as against the holder of any retail license issued pursuant to
53 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
54 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
55 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
56 of this chapter, and the sum of thirty thousand dollars as against the
A. 11113 9
1 holder of a license issued pursuant to sections thirty, thirty-one,
2 fifty-three, sixty-one-a, sixty-one-b, seventy-six, seventy-six-a, and
3 seventy-eight of this chapter, provided that the civil penalty against
4 the holder of a wholesale license issued pursuant to section fifty-three
5 of this chapter shall not exceed the sum of ten thousand dollars where
6 that licensee violates provisions of this chapter during the course of
7 the sale of beer at retail to a person for consumption at home, and the
8 sum of one hundred thousand dollars as against the holder of any license
9 issued pursuant to sections fifty-one, sixty-one, and sixty-two of this
10 chapter. Any civil penalty so imposed shall be in addition to and sepa-
11 rate and apart from the terms and provisions of the bond required pursu-
12 ant to section one hundred twelve of this chapter. Provided that no
13 appeal is pending on the imposition of such civil penalty, in the event
14 such civil penalty imposed by the division remains unpaid, in whole or
15 in part, more than forty-five days after written demand for payment has
16 been sent by first class mail to the address of the licensed premises, a
17 notice of impending default judgment shall be sent by first class mail
18 to the licensed premises and by first class mail to the last known home
19 address of the person who signed the most recent license application.
20 The notice of impending default judgment shall advise the licensee: (a)
21 that a civil penalty was imposed on the licensee; (b) the date the
22 penalty was imposed; (c) the amount of the civil penalty; (d) the amount
23 of the civil penalty that remains unpaid as of the date of the notice;
24 (e) the violations for which the civil penalty was imposed; and (f) that
25 a judgment by default will be entered in the supreme court of the county
26 in which the licensed premises are located, or other court of civil
27 jurisdiction or any other place provided for the entry of civil judg-
28 ments within the state of New York unless the division receives full
29 payment of all civil penalties due within twenty days of the date of the
30 notice of impending default judgment. If full payment shall not have
31 been received by the division within thirty days of mailing of the
32 notice of impending default judgment, the division shall proceed to
33 enter with such court a statement of the default judgment containing the
34 amount of the penalty or penalties remaining due and unpaid, along with
35 proof of mailing of the notice of impending default judgment. The filing
36 of such judgment shall have the full force and effect of a default judg-
37 ment duly docketed with such court pursuant to the civil practice law
38 and rules and shall in all respects be governed by that chapter and may
39 be enforced in the same manner and with the same effect as that provided
40 by law in respect to execution issued against property upon judgments of
41 a court of record. A judgment entered pursuant to this subdivision shall
42 remain in full force and effect for eight years notwithstanding any
43 other provision of law.
44 § 9. Subdivision 3 of section 17 of the alcoholic beverage control
45 law, as amended by section 4 of chapter 297 of the laws of 2016, is
46 amended to read as follows:
47 3. To revoke, cancel or suspend for cause any license or permit issued
48 under this chapter and/or to impose a civil penalty for cause against
49 any holder of a license or permit issued pursuant to this chapter. Any
50 civil penalty so imposed shall not exceed the sum of ten thousand
51 dollars as against the holder of any retail permit issued pursuant to
52 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
53 paragraph f of subdivision one of section ninety-nine-b of this chapter,
54 and as against the holder of any retail license issued pursuant to
55 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
56 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
A. 11113 10
1 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
2 of this chapter, and the sum of thirty thousand dollars as against the
3 holder of a license issued pursuant to sections thirty, thirty-one,
4 fifty-three, sixty-one-a, sixty-one-b, seventy-six, seventy-six-a and
5 seventy-eight of this chapter, provided that the civil penalty against
6 the holder of a wholesale license issued pursuant to section fifty-three
7 of this chapter shall not exceed the sum of ten thousand dollars where
8 that licensee violates provisions of this chapter during the course of
9 the sale of beer at retail to a person for consumption at home, and the
10 sum of one hundred thousand dollars as against the holder of any license
11 issued pursuant to sections fifty-one, sixty-one and sixty-two of this
12 chapter. Any civil penalty so imposed shall be in addition to and sepa-
13 rate and apart from the terms and provisions of the bond required pursu-
14 ant to section one hundred twelve of this chapter. Provided that no
15 appeal is pending on the imposition of such civil penalty, in the event
16 such civil penalty imposed by the division remains unpaid, in whole or
17 in part, more than forty-five days after written demand for payment has
18 been sent by first class mail to the address of the licensed premises, a
19 notice of impending default judgment shall be sent by first class mail
20 to the licensed premises and by first class mail to the last known home
21 address of the person who signed the most recent license application.
22 The notice of impending default judgment shall advise the licensee: (a)
23 that a civil penalty was imposed on the licensee; (b) the date the
24 penalty was imposed; (c) the amount of the civil penalty; (d) the amount
25 of the civil penalty that remains unpaid as of the date of the notice;
26 (e) the violations for which the civil penalty was imposed; and (f) that
27 a judgment by default will be entered in the supreme court of the county
28 in which the licensed premises are located, or other court of civil
29 jurisdiction, or any other place provided for the entry of civil judg-
30 ments within the state of New York unless the division receives full
31 payment of all civil penalties due within twenty days of the date of the
32 notice of impending default judgment. If full payment shall not have
33 been received by the division within thirty days of mailing of the
34 notice of impending default judgment, the division shall proceed to
35 enter with such court a statement of the default judgment containing the
36 amount of the penalty or penalties remaining due and unpaid, along with
37 proof of mailing of the notice of impending default judgment. The filing
38 of such judgment shall have the full force and effect of a default judg-
39 ment duly docketed with such court pursuant to the civil practice law
40 and rules and shall in all respects be governed by that chapter and may
41 be enforced in the same manner and with the same effect as that provided
42 by law in respect to execution issued against property upon judgments of
43 a court of record. A judgment entered pursuant to this subdivision shall
44 remain in full force and effect for eight years notwithstanding any
45 other provision of law.
46 § 10. Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (l)
47 of subdivision 2 of section 51-a of the alcoholic beverage control law,
48 paragraphs (a), (b), (c), (f), (h), (i) and (l) as added by chapter 108
49 of the laws of 2012, paragraph (d) as amended and paragraph (l) as
50 relettered by chapter 384 of the laws of 2013, paragraph (e) as amended
51 by chapter 328 of the laws of 2016, paragraph (g) as amended by chapter
52 431 of the laws of 2014, are amended to read as follows:
53 (a) manufacture New York state labelled cider and New York state
54 labeled braggot;
55 (b) sell in bulk beer [and], cider, and braggot manufactured by the
56 licensee to any person licensed to manufacture alcoholic beverages in
A. 11113 11
1 this state or to a permittee engaged in the manufacture of products
2 which are unfit for beverage use;
3 (c) sell or deliver beer [and], cider, and braggot manufactured by the
4 licensee to persons outside the state pursuant to the laws of the place
5 of such delivery;
6 (d) sell beer [and], cider, and braggot manufactured by the licensee
7 to wholesalers and retailers licensed in this state to sell such beer
8 [and], cider, and braggot, licensed farm distillers, licensed farm
9 wineries, licensed farm cideries, licensed farm meaderies and any other
10 licensed farm brewery. All such beer [and], cider, and braggot sold by
11 the licensee shall be securely sealed and have attached thereto a label
12 as shall be required by section one hundred seven-a of this chapter;
13 (e) sell at the licensed premises beer [and], cider, and braggot manu-
14 factured by the licensee or any other licensed farm brewery, and wine
15 and spirits manufactured by any licensed farm winery or farm distillery,
16 at retail for consumption on or off the licensed premises;
17 (f) conduct tastings at the licensed premises of beer [and], cider,
18 and braggot manufactured by the licensee or any other licensed farm
19 brewery;
20 (g) operate a restaurant, hotel, catering establishment, or other food
21 and drinking establishment in or adjacent to the licensed premises and
22 sell at such place, at retail for consumption on the premises, beer
23 [and], cider, and braggot manufactured by the licensee and any New York
24 state labeled beer, New York state labeled braggot or New York state
25 labeled cider. All of the provisions of this chapter relative to
26 licenses to sell beer, cider, and braggot at retail for consumption on
27 and off the premises shall apply so far as applicable to such licensee.
28 Notwithstanding any other provision of law, the licensed farm brewery
29 may apply to the authority for a license under this chapter to sell
30 other alcoholic beverages at retail for consumption on the premises at
31 such establishment;
32 (h) sell beer [and], cider, and braggot manufactured by the licensee
33 or any other licensed farm brewery at retail for consumption off the
34 premises, at the state fair, at recognized county fairs and at farmers
35 markets operated on a not-for-profit basis;
36 (i) conduct tastings of and sell at retail for consumption off the
37 premises New York state labelled wine and mead manufactured by a
38 [licensed winery or licensed farm winery] person licensed to produce
39 wine or mead under this chapter;
40 (l) conduct tastings of and sell at retail for consumption off the
41 premises New York state labelled braggot manufactured by a person
42 licensed to produce braggot under this chapter; and
43 (m) engage in any other business on the licensed premises subject to
44 such rules and regulations as the authority may prescribe. Such rules
45 and regulations shall determine which businesses will be compatible with
46 the policy and purposes of this chapter and shall consider the effect of
47 particular businesses on the community and area in the vicinity of the
48 farm brewery licensee.
49 § 11. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
50 sion 3 of section 51-a of the alcoholic beverage control law, as added
51 by chapter 108 of the laws of 2012, are amended to read as follows:
52 (a) A farm brewery licensee may apply for a permit to conduct tastings
53 away from the licensed premises of beer [and], cider, and braggot
54 produced by the licensee. Such permit shall be valid throughout the
55 state and may be issued on an annual basis or for individual events.
56 Each such permit and the exercise of the privilege granted thereby shall
A. 11113 12
1 be subject to such rules and conditions of the authority as it deems
2 necessary.
3 (ii) any liability stemming from a right of action resulting from a
4 tasting of beer [or], cider, or braggot as authorized herein and in
5 accordance with the provisions of sections 11-100 and 11-101 of the
6 general obligations law, shall accrue to the farm brewery.
7 § 12. Subdivision 4 of section 51-a of the alcoholic beverage control
8 law, as added by chapter 108 of the laws of 2012, is amended to read as
9 follows:
10 4. A licensed farm brewery holding a tasting permit issued pursuant to
11 subdivision three of this section may apply to the authority for a
12 permit to sell beer [and], cider, and braggot produced by such farm
13 brewery, by the bottle, during such tastings in premises licensed under
14 sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of this
15 chapter. Each such permit and the exercise of the privilege granted
16 thereby shall be subject to such rules and conditions of the authority
17 as it deems necessary.
18 § 13. Subdivision 10 of section 51-a of the alcoholic beverage control
19 law, as amended by chapter 431 of the laws of 2014, is amended to read
20 as follows:
21 10. (a) No farm brewery shall manufacture in excess of seventy-five
22 thousand finished barrels of beer [and], cider, and braggot annually.
23 (b) A farm brewery shall manufacture at least fifty barrels of beer
24 [and], cider, and braggot annually.
25 § 14. Subdivisions 1 and 2 of section 56-a of the alcoholic beverage
26 control law, as amended by chapter 422 of the laws of 2016, are amended
27 to read as follows:
28 1. In addition to the annual fees provided for in this chapter, there
29 shall be paid to the authority with each initial application for a
30 license filed pursuant to section thirty, thirty-one, fifty-one, fifty-
31 one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c,
32 fifty-eight-d, sixty-one, sixty-two, seventy-six, seventy-seven or
33 seventy-eight of this chapter, a filing fee of four hundred dollars;
34 with each initial application for a license filed pursuant to section
35 sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a
36 filing fee of two hundred dollars; with each initial application for a
37 license filed pursuant to section fifty-three-a, fifty-four, fifty-five,
38 fifty-five-a, seventy-nine, eighty-one or eighty-one-a of this chapter,
39 a filing fee of one hundred dollars; with each initial application for a
40 permit filed pursuant to section ninety-one, ninety-one-a, ninety-two,
41 ninety-two-a, ninety-three, ninety-three-a, if such permit is to be
42 issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
43 ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one
44 of section ninety-nine-b of this chapter if such permit is to be issued
45 on a calendar year basis, or for an additional bar pursuant to subdivi-
46 sion four of section one hundred of this chapter, a filing fee of twenty
47 dollars; and with each application for a permit under section ninety-
48 three-a of this chapter, other than a permit to be issued on a calendar
49 year basis, section ninety-seven, ninety-eight, ninety-nine, or ninety-
50 nine-b of this chapter, other than a permit to be issued pursuant to
51 paragraph b, c, e or j of subdivision one of section ninety-nine-b of
52 this chapter on a calendar year basis, a filing fee of ten dollars.
53 2. In addition to the annual fees provided for in this chapter, there
54 shall be paid to the authority with each renewal application for a
55 license filed pursuant to section thirty, thirty-one, fifty-one, fifty-
56 one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c,
A. 11113 13
1 fifty-eight-d, sixty-one, sixty-two, seventy-six, seventy-seven or
2 seventy-eight of this chapter, a filing fee of one hundred dollars; with
3 each renewal application for a license filed pursuant to section sixty-
4 three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a
5 filing fee of ninety dollars; with each renewal application for a
6 license filed pursuant to section seventy-nine, eighty-one or eighty-
7 one-a of this chapter, a filing fee of twenty-five dollars; and with
8 each renewal application for a license or permit filed pursuant to
9 section fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one,
10 ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
11 such permit is issued on a calendar year basis, ninety-four, ninety-
12 five, ninety-six or ninety-six-a of this chapter or pursuant to para-
13 graph b, c, e or j of subdivision one of section ninety-nine-b, if such
14 permit is issued on a calendar year basis, or with each renewal applica-
15 tion for an additional bar pursuant to subdivision four of section one
16 hundred of this chapter, a filing fee of thirty dollars.
17 § 15. Paragraph (j) of subdivision 2 of section 58-c of the alcoholic
18 beverage control law, as amended by chapter 327 of the laws of 2016, is
19 amended and two new paragraphs (j-1) and (j-2) are added to read as
20 follows:
21 (j) conduct tastings of and sell at retail for consumption on or off
22 the premises New York state labelled liquor manufactured by a licensed
23 distiller or licensed farm distiller; provided, however, that no consum-
24 er may be provided, directly or indirectly: (i) with more than three
25 samples of liquor for tasting in one calendar day; or (ii) with a sample
26 of liquor for tasting equal to more than one-quarter fluid ounce; [and]
27 (j-1) conduct tastings of and sell at retail for consumption on or off
28 the premises New York state labelled mead manufactured by a person
29 licensed to produce mead under this chapter;
30 (j-2) conduct tastings of and sell at retail for consumption on or off
31 the premises New York state labelled braggot manufactured by a person
32 licensed to produce braggot under this chapter; and
33 § 16. Subparagraphs (vi) and (vii) of paragraph (a) of subdivision 2-c
34 of section 61 of the alcoholic beverage control law, as amended by chap-
35 ter 103 of the laws of 2017, are amended and two new subparagraphs
36 (viii) and (ix) are added to read as follows:
37 (vi) To conduct tastings of and sell at retail for consumption on or
38 off the premises New York state labelled cider manufactured by a
39 licensed brewer, licensed farm brewery, licensed farm winery, licensed
40 cider producer or licensed farm cidery; [and]
41 (vii) To conduct tastings of and sell at retail for consumption on or
42 off the premises New York state labelled wine manufactured by a licensed
43 winery or licensed farm winery[.];
44 (viii) To conduct tastings of and sell at retail for consumption on or
45 off the premises New York state labelled mead manufactured by a person
46 licensed to produce mead under this chapter; and
47 (ix) To conduct tastings of and sell at retail for consumption on or
48 off the premises New York state labelled braggot manufactured by a
49 person licensed to produce braggot under this chapter.
50 § 17. Paragraphs (a), (b), (c) and (d) of subdivision 2 of section 76
51 of the alcoholic beverage control law, as amended by chapter 108 of the
52 laws of 2012, are amended to read as follows:
53 (a) to operate a winery for the manufacture of wine and mead at the
54 premises specifically designated in the license;
A. 11113 14
1 (b) to receive and possess wine and mead from other states consigned
2 to a United States government bonded winery, warehouse or storeroom
3 located within the state;
4 (c) to sell in bulk from the licensed premises the products manufac-
5 tured under such license and wine and mead received by such licensee
6 from any other state to any winery licensee, or meadery license any
7 distiller licensee or to a permittee engaged in the manufacture of
8 products which are unfit for beverage use and to sell or deliver such
9 wine or mead to persons outside the state pursuant to the laws of the
10 place of such sale or delivery;
11 (d) to sell from the licensed premises to a licensed wholesaler or
12 retailer, or to a corporation operating railroad cars or aircraft for
13 consumption on such carriers, wine and mead manufactured or received by
14 the licensee as above set forth in the original sealed containers of not
15 more than fifteen gallons each and to sell or deliver such wine and mead
16 to persons outside the state pursuant to the laws of the place of such
17 sale or delivery. All wine and mead sold by such licensee shall be
18 securely sealed and have attached thereto a label setting forth such
19 information as shall be required by this chapter;
20 § 18. Subdivision 4-a of section 76 of the alcoholic beverage control
21 law, as amended by chapter 431 of the laws of 2014, is amended to read
22 as follows:
23 4-a. A licensed winery may operate a restaurant, hotel, catering
24 establishment, or other food and drinking establishment in or adjacent
25 to the licensed premises and sell at such place, at retail for consump-
26 tion on the premises, wine, mead and wine products manufactured by the
27 licensee and any New York state labeled wine, mead or New York state
28 labeled wine product. All of the provisions of this chapter relative to
29 licenses to sell wine at retail for consumption on the premises shall
30 apply so far as applicable to such licensee. Notwithstanding any other
31 provision of law, the licensed winery may apply to the authority for a
32 license under article four of this chapter to sell other alcoholic
33 beverages at retail for consumption on the premises at such establish-
34 ment.
35 § 19. Subdivision 13 of section 76 of the alcoholic beverage control
36 law, as added by chapter 221 of the laws of 2011, is amended to read as
37 follows:
38 13. Notwithstanding any other provision of law to the contrary, a
39 winery licensed pursuant to this section may engage in custom wine
40 production allowing individuals to assist in the production of wine or
41 mead for sale for personal or family use, provided, however, that (a)
42 the wine or mead must be purchased by the individual assisting in the
43 production of such wine or mead; and (b) the owner, employee or agent of
44 such winery shall be present at all times during such production.
45 § 20. Subdivision 14 of section 76 of the alcoholic beverage control
46 law, as added by chapter 431 of the laws of 2014, is amended to read as
47 follows:
48 14. Any person licensed under this section shall manufacture at least
49 fifty gallons of wine and/or mead per year.
50 § 21. Paragraphs (a), (c), (e) and (f) of subdivision 2 of section
51 76-a of the alcoholic beverage control law, paragraph (a) as added by
52 chapter 221 of the laws of 2011, paragraph (c) as amended by chapter 384
53 of the laws of 2013, paragraph (e) as amended by chapter 328 of the laws
54 of 2016 and paragraph (f) as amended by chapter 431 of the laws of 2014,
55 are amended to read as follows:
A. 11113 15
1 (a) operate a farm winery for the manufacture of wine, New York state
2 labeled mead or New York state labeled cider at the premises specif-
3 ically designated in the license;
4 (c) sell from the licensed premises to a licensed winery, farm distil-
5 ler, farm brewery, farm cidery, farm meadery, wholesaler or retailer, or
6 to a corporation operating railroad cars or aircraft for consumption on
7 such carriers, or at retail for consumption off the premises, wine [or],
8 cider, or mead manufactured by the licensee as above set forth and to
9 sell or deliver such wine or cider to persons outside the state pursuant
10 to the laws of the place of such sale or delivery. All wine [or], cider,
11 or mead sold by such licensee for consumption off the premises shall be
12 securely sealed and have attached thereto a label setting forth such
13 information as shall be required by this chapter;
14 (e) conduct tastings of and sell at the licensed premises [cider and
15 wine], at retail for consumption on or off the licensed premises alco-
16 holic beverages manufactured by the licensee or any other licensed farm
17 winery[, and]; New York state labeled wine manufactured by any licensed
18 winery; New York state labeled beer manufactured by any licensed brewer
19 or farm brewery; New York state labeled cider manufactured by any
20 licensed cider producer, farm cidery or farm brewery; New York state
21 labeled mead manufactured by any licensed farm meadery, winery or farm
22 winery; New York state labeled braggot manufactured by any licensed
23 meadery, brewery or farm brewery and [spirits] New York state labeled
24 liquor manufactured by any licensed [farm brewery or] distiller or farm
25 distillery[, at retail for consumption on or off the licensed premises];
26 (f) operate a restaurant, hotel, catering establishment, or other food
27 and drinking establishment in or adjacent to the licensed premises and
28 sell at such place, at retail for consumption on the premises, wine,
29 cider [and wine products], and mead manufactured by the licensee and any
30 New York state labeled wine, New York state labeled cider, New York
31 state labeled mead or New York state labeled wine product. All of the
32 provisions of this chapter relative to licenses to sell wine at retail
33 for consumption on the premises shall apply so far as applicable to such
34 licensee. Notwithstanding any other provision of law, the licensed farm
35 winery may apply to the authority for a license under [article four of]
36 this chapter to sell other alcoholic beverages at retail for consumption
37 on the premises at such establishment.
38 § 22. Paragraphs (f), (g) and (h) of subdivision 6 of section 76-a of
39 the alcoholic beverage control law are REPEALED.
40 § 23. Subdivision 8 of section 76-a of the alcoholic beverage control
41 law, as amended by chapter 431 of the laws of 2014, is amended to read
42 as follows:
43 8. (a) No licensed farm winery shall manufacture in excess of two
44 hundred fifty thousand finished gallons of wine, cider, and mead annual-
45 ly.
46 (b) Any person licensed under this section shall manufacture at least
47 fifty gallons of wine, cider, and mead per year.
48 § 24. Subdivision 9 of section 76-a of the alcoholic beverage control
49 law, as added by chapter 221 of the laws of 2011, is amended to read as
50 follows:
51 9. Notwithstanding any other provision of law to the contrary, a farm
52 winery licensed pursuant to this section may engage in custom [wine]
53 production allowing individuals to assist in the production of New York
54 state labeled wine, cider and mead for sale for personal or family use,
55 provided, however, that (a) the wine, cider and mead must be purchased
56 by the individual assisting in the production of such wine, cider or
A. 11113 16
1 mead; and (b) the owner, employee or agent of such winery shall be pres-
2 ent at all times during such production.
3 § 25. Subdivision 2 of section 101-aaa of the alcoholic beverage
4 control law, as amended by chapter 242 of the laws of 2012, is amended
5 to read as follows:
6 2. No manufacturer or wholesaler licensed under this chapter shall
7 sell or deliver any beer, mead, cider or wine products to any retail
8 licensee except as provided for in this section:
9 (a) for cash to be paid at the time of delivery; or
10 (b) on terms requiring payment by such retail licensee for such beer,
11 mead, cider, or wine products on or before the final payment date of any
12 credit period within which delivery is made. Provided, however, that the
13 sale of wine products mead, or cider to a retail licensee by a whole-
14 saler licensed under section fifty-eight, sixty-two, or seventy-eight of
15 this chapter, or a licensed manufacturer of liquor, mead or wine or a
16 cider producer's license, shall be governed by the provisions of section
17 one hundred-one-aa of this article.
18 § 26. Paragraphs (b), (d) and (e) of subdivision 4 of section 107-a of
19 the alcoholic beverage control law, paragraph (b) as amended by chapter
20 369 of the laws of 2017, paragraphs (d) and (e) as amended by chapter
21 354 of the laws of 2013, are amended to read as follows:
22 (b) The annual fee for registration of any brand or trade name label
23 for liquor shall be two hundred fifty dollars; the annual fee for regis-
24 tration of any brand or trade name label for beer, mead or cider shall
25 be one hundred fifty dollars; the annual fee for registration of any
26 brand or trade name label for wine or wine products shall be fifty
27 dollars. Such fee shall be in the form of a check or draft. No annual
28 fee for registration of any brand or trade name label for wine shall be
29 required if it has been approved by the Alcohol and Tobacco Tax and
30 Trade Bureau of the United States Department of Treasury pursuant to
31 this section.
32 Each brand or trade name label registration approved pursuant to this
33 section shall be valid for a term of three years as set forth by the
34 authority and which shall be pro-rated for partial years as applicable.
35 Each brand or trade name label registration approved pursuant to this
36 section shall be valid only for the licensee to whom issued and shall
37 not be transferable.
38 (d) The authority may at any time exempt any discontinued brand from
39 such fee provisions where a manufacturer or wholesaler has an inventory
40 of one hundred cases or less of liquor or wine and five hundred cases or
41 less of beer, and certifies to the authority in writing that such brand
42 is being discontinued. The authority may also at any time exempt any
43 discontinued brand from such fee provisions where a retailer discontinu-
44 ing a brand owned by him has a balance of an order yet to be delivered
45 of fifty cases or less of liquor or wine, or two hundred fifty cases or
46 less of beer, mead, wine products or cider.
47 (e) The authority shall exempt from such fee provisions the registra-
48 tion of each brand or trade name label used for beer, mead or cider that
49 is produced in small size batches totaling fifteen hundred barrels or
50 less of beer, mead or cider annually.
51 § 27. This act shall take effect on the ninetieth day after it shall
52 have become a law, provided that the amendments to section 17 of the
53 alcoholic beverage control law made by section eight of this act shall
54 be subject to the expiration and reversion of such section pursuant to
55 section 4 of chapter 118 of the laws of 2012, as amended, when upon such
56 date the provisions of section nine of this act shall take effect.
