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ARTICLE IV-A
SPECIAL PROVISIONS RELATING TO CIDER
Section 58. Cider producers` or wholesalers` license.
58-a. Sale of cider by wholesale beer licensees.
58-b. Retail sale of cider by wholesale licensees.
59. Authorization for sale of cider by retail licensees.
S 58. Cider producers` or wholesalers` license. 1. Any person may
apply to the liquor authority for a cider producers` or wholesalers`
license as provided for in this subdivision. 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 cider
within the licensed premises in this state for sale in bottles, barrels
or casks to beer, wine and liquor retail licensee and/or to sell cider
at wholesale from the licensed premises to such licensees and to holders
of licenses under this section in bottles, barrels or casks and to sell
and deliver cider 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. 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 cider tastings of New York state labelled ciders in
establishments licensed pursuant to section sixty-three of this chapter
to sell alcoholic beverages for off-premises consumption. Such cider
producer or wholesaler may charge a fee of not more than twenty-five
cents for each cider 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 cider tastings of New York state labelled ciders and apply
to the liquor authority for a permit to sell cider produced by such
cider 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 cider
producer or wholesaler may charge a fee of not more than twenty-five
cents for each cider sample tasted. The liquor authority shall
promulgate rules and regulations relating to the conduct of tastings.
(c) Cider tastings shall be conducted subject to the following
limitations:
(i) cider tastings shall be conducted by an official agent,
representative or solicitor of one or more cider 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
cider 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 cider producer or
wholesaler licensee.
3. Notwithstanding any provision of this chapter to the contrary, a
licensed cider producer or wholesaler may apply to the liquor authority
for a permit to sell New York state labelled cider by the bottle and
conduct cider tastings at the state fair, at recognized county fairs and
at farmers markets operated on a not-for-profit basis. As a condition of
such permit, an agent, representative or solicitor from the cider
producer or wholesaler shall be present at the time of sale or tastings.
4. Notwithstanding any provision of this chapter to the contrary, any
one or more cider producer or wholesaler licensee, singly or jointly,
may apply to the liquor authority for a license or licenses to sell
cider at retail for consumption off the premises. The duration of such
license shall be coextensive with the duration of such licensee`s cider
producer or wholesaler license, and the fee therefor shall be six
hundred forty dollars if such retail premises is located in cities
having a population of one million or more; in cities having less than
one million population and more than one hundred thousand, three hundred
twenty dollars; and elsewhere, the sum of one hundred sixty dollars.
Such license shall entitle the holder thereof to sell at retail for
consumption off the premises any New York state labelled cider. Such
license shall also entitle the holder thereof to conduct cider tastings
on such licensed premises and charge for such tastings. Not more than
five such licenses shall be issued to any licensed cider producer or
wholesaler. All other provisions of this chapter relative to licenses to
sell cider at retail for consumption off the premises shall apply so far
as applicable to such application. The liquor authority is hereby
authorized to adopt such rules as it may deem necessary to carry out the
purpose of this subdivision, provided that all licenses issued pursuant
to this subdivision shall be subject to the same rules and regulations
as are applicable to the sale of cider at retail for consumption off the
premises of the cider producer or wholesaler licensee.
S 58-a. Sale of cider by wholesale beer licensees. A wholesale beer
licensee, as defined under this chapter shall, upon the payment of an
additional annual license fee of one hundred twenty-five dollars, be
permitted to sell cider as defined under this chapter at wholesale from
duly licensed premises, to duly licensed beer, wine and liquor retailers
and to other holders of licenses under this chapter, in bottles, barrels
or casks, and to sell and deliver cider to persons outside the state
pursuant to the laws of the place of such delivery. The provisions of
section fifty-seven shall apply to licenses issued hereunder to sell
cider at wholesale pursuant to the provisions of this section.
S 58-b. Retail sale of cider by wholesale licensees. 1.
Notwithstanding any other law upon payment to the liquor authority of an
additional annual fee of one hundred twenty-five dollars, the liquor
authority may in its discretion and upon such terms and conditions as it
may prescribe, issue to a licensed cider producer upon application
therefor a certificate authorizing such producer to sell cider at retail
in sealed containers to a householder for consumption in his home, but
no sale to such householder shall be in quantities aggregating more than
fifteen gallons. Revenues received by any such licensed cider producer
from the sale of cider at retail to householders under such a
certificate during the term thereof shall not exceed five per centum of
all the revenues derived by such licensee from the sale of apples and
cider during such term.
2. No retail licensee of cider authorized by this section shall keep
or permit to be kept upon the licensed premises, any cider in any
unsealed bottle or other unsealed container, except for the purpose of
cider tasting or sampling by any person pursuant to authorization to
conduct such a sampling or tasting pursuant to subdivision two of
section fifty-eight of this article, except to those persons to whom
sales are prohibited in section sixty-five of this chapter.
S 59. Authorization for sale of cider by retail licensees. Each
retail licensee under this chapter shall have the right, by virtue of
his license and without being required to pay any additional fee for the
privilege, to sell at retail for consumption on or off the premises, as
the case may be, cider purchased from a person licensed to produce or
sell cider at wholesale under this chapter.