N.Y. Alco. Bev. Cont. Law § 30

Current through 2024 NY Law Chapter 456
Section 30 - Mead producers' license
1. Any person may apply to the liquor authority for a mead producers' license as provided for in this section. Such application shall be in writing and shall contain such information as the liquor authority shall require. Such application shall be accompanied by a check or draft for the amount required by this subdivision for such license. If the liquor authority shall grant the application it shall issue a license in such form as shall be determined by its rules. A license issued under this subdivision shall authorize the licensee to manufacture mead and braggot within the licensed premises in this state for sale in bottles, barrels or casks to beer, wine and liquor retail licensees pursuant to section thirty-two of this article and to sell and deliver mead and braggot to persons outside the state pursuant to the laws of the place of such sale or delivery. The annual fee for such a license shall be one hundred twenty-five dollars; provided, however, that the annual fee for a farm meadery license shall be seventy-five dollars. The provisions contained in section sixty-seven of this chapter shall apply to all licenses issued pursuant to this article.
2.
(a) Any person licensed pursuant to subdivision one of this section may conduct mead tastings of New York state labelled meads in establishments licensed pursuant to section sixty-three of this chapter to sell alcoholic beverages for off-premises consumption. Such mead producer or wholesaler may charge a fee of not more than twenty-five cents for each mead sample tasted. The liquor authority shall promulgate rules and regulations relating to the conduct of such tastings.
(b) Any person licensed pursuant to subdivision one of this section may conduct tastings of New York state labelled mead and New York state labeled braggot and apply to the liquor authority for a permit to sell mead and braggot produced by such mead producer or wholesaler, by the bottle, during such tastings in establishments licensed pursuant to section sixty-four of this chapter to sell alcoholic beverages for consumption on the premises. Such mead producer may charge a fee of not more than twenty-five cents for each mead or braggot sample tasted. The liquor authority shall promulgate rules and regulations relating to the conduct of tastings.
(c) Mead and braggot tastings shall be conducted subject to the following limitations:
(i) mead and braggot tastings shall be conducted by an official agent, representative or solicitor of one or more mead producers or wholesalers. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a mead and/or braggot tasting as authorized pursuant to this subdivision and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the mead producer or wholesaler licensee.
3. A licensed mead producer producing New York state labelled mead and/or New York state labelled braggot may:
(a) sell such mead and braggot to licensed farm distillers, farm wineries, farm cideries and farm breweries. All such mead and braggot sold by the licensee shall be securely sealed and have attached thereto a label as shall be required by section one hundred seven-a of this chapter;
(b) conduct tastings at the licensed premises of such mead and braggot or any other New York state labeled mead or braggot;
(c) sell such mead and braggot at retail for consumption off the premises at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis;
(d) sell and conduct tastings of such mead and braggot at retail for consumption on the premises of a restaurant, conference center, inn, bed and breakfast or hotel business owned and operated by the licensee in or adjacent to its meadery. A licensee who operates a restaurant, conference center, inn, bed and breakfast or hotel pursuant to such authority shall comply with all applicable provisions of this chapter which relate to licenses to sell mead at retail for consumption on the premises;
(e) apply for a permit to conduct tastings away from the licensed premises of such mead and braggot. Such permit shall be valid throughout the state and may be issued on an annual basis or for individual events. Each such permit and the exercise of the privilege granted thereby shall be subject to such rules and conditions of the authority as it deems necessary. Tastings shall be conducted subject to the following conditions:
(i) tastings shall be conducted by an official agent, representative or solicitor of the licensee. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a tasting of mead or braggot as authorized herein and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the licensee.
(f) if it holds a tasting permit issued pursuant to paragraph (e) of this subdivision, apply to the authority for a permit to sell such mead, for consumption off the premises, during such tastings in premises licensed under section sixty-four or sixty-four-a of this chapter; or apply to the authority for a permit to sell such mead and/or braggot at a premises licensed under section eighty-one or eighty-one-a of this chapter. Each such permit and the exercise of the privilege granted thereby shall be subject to such rules and conditions of the authority as it deems necessary.
4. A mead producer shall manufacture at least fifty gallons of mead and/or braggot annually.

N.Y. Alco. Bev. Cont. Law § 30

Added by New York Laws 2018, ch. 522, Sec. 7, eff. 3/28/2019.