§ 61. Distiller's licenses. 1. A class A distiller's license shallauthorize the holder thereof to operate a distillery for the manufactureof liquors by distillation or redistillation at the premisesspecifically designated in the license. Such a license shall alsoauthorize the sale in bulk by such licensee from the licensed premisesof the products manufactured under such license to any person holding adistiller's class A license, a distiller's class B license or apermittee engaged in the manufacture of products which are unfit forbeverage use. It shall also authorize the sale from the licensedpremises and from one other location in the state of New York of anyliquor whether or not manufactured by such licensee to a wholesale orretail liquor licensee or permittee in sealed containers of not morethan one quart each. Such license shall also authorize the sale of NewYork state labelled liquor to licensed farm wineries, farm cideries,farm distilleries and farm breweries in sealed containers of not morethan one quart each. Such license shall also include the privilege tooperate a rectifying plant under the same terms and conditions as theholder of a class B distiller's license without the payment of anyadditional fee.1-a. A class A-1 distiller's license shall authorize the holderthereof to operate a distillery which has a production capacity of nomore than seventy-five thousand gallons per year for the manufacture ofliquors by distillation or redistillation at the premises specificallydesignated in the license. Such a license shall also authorize the salein bulk by such licensee from the licensed premises of the productsmanufactured under such license to any person holding a winery license,farm winery license, distiller's class A license, a distiller's class Blicense or a permittee engaged in the manufacture of products which areunfit for beverage use. It shall also authorize the sale from thelicensed premises and from one other location in the state of New Yorkof liquors manufactured by such licensee to a wholesale or retail liquorlicensee or permittee in sealed containers of not more than one quarteach. In addition, it shall authorize such licensee to sell from thelicensed premises New York state labelled liquors to licensed farmwineries, farm breweries, farm distilleries and farm cideries in sealedcontainers of not more than one quart for retail sale for off-premisesconsumption. Such license shall also include the privilege to operate arectifying plant under the same terms and conditions as the holder of aclass B-1 distiller's license without the payment of any additional fee.
2. A class B distiller's license shall authorize the holder thereof tooperate a rectifying plant for the manufacture of the products ofrectification by purifying or combining alcohol, spirits, wine or beerand the manufacture of gin and cordials by the redistillation of alcoholor spirits over or with any materials. Such a license shall alsoauthorize the holder thereof to blend, reduce proof and bottle on hislicensed premises or in a United States customs bonded warehouse forwhich a warehouse permit has been issued under this chapter forwholesale liquor licensees or for persons authorized to sell liquor atwholesale pursuant to the laws and regulation of any other state,territorial possession of the United States or foreign country liquorreceived in bulk by such wholesalers from other states, territorialpossessions of the United States or a foreign country, and to rebottleor recondition for wholesale liquor or wine licensees or for personsauthorized to sell liquor or wine at wholesale pursuant to the laws andregulations of any other state, territorial possession of the UnitedStates or foreign country, liquor or wine manufactured outside thestate, which was purchased and received by such wholesalers in sealedcontainers not exceeding one quart each of liquor or fifteen gallonseach of wine. Such a license shall also authorize the sale from thelicensed premises of the products manufactured by such licensee to awholesale or retail licensee in sealed containers of not more than onequart each.
2-a. A class C distiller's license shall authorize the holder thereofto operate a distillery for the manufacture only of fruit brandy and thesale of such product by such licensee to a wholesale or retail licenseein sealed containers of not more than one quart each. Such a licenseshall also authorize the sale in bulk of fruit brandy to a winerylicensee, to a farm winery licensee, to the holder of a class Bdistiller's license or to a permittee engaged in the manufacture ofproducts which are unfit for beverage use. It shall also authorize thesale from the licensed premises and from one other location in the stateof any fruit brandy whether or not manufactured by such licensee to awholesale or retail liquor licensee or permittee in sealed containers ofnot more than one quart each. In addition, it shall authorize suchlicensee to sell from the licensed premises New York state labelledliquors to a farm winery licensee in sealed containers of not more thanone quart for retail sale for off-premises consumption.
2-b. A class B-1 distiller's license shall authorize the holderthereof to operate a rectifying plant which has a production capacity ofno more than seventy-five thousand gallons per year for the manufactureof the products of rectification by purifying or combining alcohol,spirits, wine, or beer and the manufacture of cordials by theredistillation of alcohol or spirits over or with any materials. Such alicense shall also authorize the holder thereof to blend, reduce proofand bottle on his licensed premises or in a United States customs bondedwarehouse for which a warehouse permit has been issued under thischapter for wholesale liquor licensees or for persons authorized to sellliquor at wholesale pursuant to the laws and regulation of any otherstate, territorial possession of the United States or foreign countryliquor received in bulk by such wholesalers from other states,territorial possessions of the United States or a foreign country, andto rebottle or recondition for wholesale liquor or wine licensees or forpersons authorized to sell liquor or wine at wholesale pursuant to thelaws and regulations of any other state, territorial possession of theUnited States or foreign country, liquor or wine manufactured outsidethe state, which was purchased and received by such wholesalers insealed containers not exceeding one quart each of liquor or fifteengallons each of wine. Such a license shall also authorize the sale fromthe licensed premises of the products manufactured by such licensee to awholesale or retail licensee in sealed containers of not more than onequart each. In addition, it shall authorize such licensee to sell fromthe licensed premises New York state labelled liquors to a farm winerylicensee in sealed containers of not more than one quart for retail salefor off-premises consumption.
2-c. (a) A class D distiller's license, otherwise known as a farmdistillery license, shall authorize the holder of such a license tooperate a farm distillery at the premises specifically designated in thelicense:
(i) To manufacture liquor primarily from farm and food products, asdefined in subdivision two of section two hundred eighty-two of theagriculture and markets law;
(ii) To put such liquor into containers of not more than one quarteach, which containers shall then be sealed and to sell such liquor atwholesale, for resale, and to licensed farm wineries, farm cideries,farm breweries and other farm distilleries, wholesale and retaillicensees, and permittees;
(iii) To sell at retail, for personal use, in such sealed containers;
(iv) To sell in bulk, liquor manufactured by the licensee to a wineryor farm winery licensee, or to the holder of a class A, A-1, B, B-1 or Cdistiller's license, or to the holder of a permit issued pursuant toparagraph c of subdivision one of section ninety-nine-b of this chapter;
(v) To conduct tastings of and sell at retail for consumption on oroff the premises New York state labelled beer manufactured by a licensedbrewer or licensed farm brewery;
(vi) To conduct tastings of and sell at retail for consumption on oroff the premises New York state labelled cider manufactured by alicensed brewer, licensed farm brewery, licensed farm winery, licensedcider producer or licensed farm cidery;
(vii) To conduct tastings of and sell at retail for consumption on oroff the premises New York state labelled wine manufactured by a licensedwinery or licensed farm winery;
(viii) To conduct tastings of and sell at retail for consumption on oroff the premises New York state labelled mead manufactured by a personlicensed to produce mead under this chapter; and
(ix) To conduct tastings of and sell at retail for consumption on oroff the premises New York state labelled braggot manufactured by aperson licensed to produce braggot under this chapter.
See AlsoLiquor Store Closing Times by StateNew law could allow NY distilleries to ship directly to consumersShopping | Times Square NYC(b)(i) Retail sales by a licensed farm distillery may be made only tocustomers who are physically present upon the licensed premises and suchsale shall be concluded by the customer's taking, with him or her, ofthe sealed containers purchased by the customer at the time the customerleaves the licensed premises except as provided for in subparagraph (iv)of this paragraph;
(ii) Such retail sales shall not be made where the order is placed byletter, telephone, fax or e-mail, or where the customer otherwise doesnot place the order while the customer is physically present upon thepremises of the licensed premises except as provided for in subparagraph(iv) of this paragraph;
(iii) Such retail sales shall not be made where the contemplated salerequires the licensee to transport or ship by common carrier, sealedcontainers of liquor to a customer;
(iv) A licensed farm distillery may apply to the liquor authority fora permit to sell liquor in a sealed container for off-premisesconsumption at the state fair, at recognized county fairs and atfarmers' markets operated on a not-for-profit basis. As a condition ofthe permit a representative from the distillery must be present at thetime of sale.
(c) A licensed farm distillery may conduct upon the licensed premises,or at approved locations as permitted in subdivision six of thissection, consumer tastings of liquor manufactured by the licensee andfrom no more than three other class A, A-1, B, B-1, C or D distilleries,subject to the following limitations:
(i) Only liquor manufactured primarily from farm and food products, asdefined in subdivision two of section two hundred eighty-two of theagriculture and markets law, shall be used in the tastings;
(ii) An official agent, servant or employee of the licensee shall bephysically present at all times during the conduct of the consumertasting of liquor;
(iii) No consumer may be provided, directly or indirectly: (A) morethan three samples of liquor for tasting in one calendar day; or (B)with a sample of liquor for tasting equal to more than one-quarter fluidounce;
(iv) Any liability stemming from a right of action resulting from aconsumer tasting of liquor authorized by this paragraph and inaccordance with the provisions of sections 11-100 and 11-101 of thegeneral obligations law, shall accrue to the licensee.
(d) Notwithstanding any other provision of this chapter, the authoritymay issue a farm distillery license to the holder of a class A, A-1, B,B-1 or C distiller's license, a winery license or a farm winery licensefor use at such licensee's existing licensed premises. For the purposesof this chapter, the premises of the class A, A-1, B, B-1 or Cdistillery, winery or farm winery shall be considered the premises ofthe farm distillery. The holder of a farm distillery license thatsimultaneously holds a winery, farm winery or any class of a distiller'slicense on the same premises may share and use the same tasting roomfacilities to conduct wine and liquor tastings that such licensee isotherwise authorized to conduct.
(e) Notwithstanding any other provision of law to the contrary, theholder of a farm distillery license may (i) sell at retail forconsumption on the licensed premises, any liquor manufactured by thelicensee or any New York state labeled liquor. Provided, however, thelicensee shall regularly keep food available for sale or service to itsretail customers for consumption on the premises. A licensee providingthe following shall be deemed in compliance with this provision:sandwiches, soups or other such foods, whether fresh, processed,pre-cooked or frozen; and/or food items intended to compliment thetasting of alcoholic beverages, which shall mean a diversified selectionof food that is ordinarily consumed without the use of tableware and canbe conveniently consumed while standing or walking, including but notlimited to: cheese, fruits, vegetables, chocolates, breads, mustards andcrackers. All of the provisions of this chapter relative to licenses tosell liquor at retail for consumption on the premises shall apply so faras applicable to such licensee; and
(ii) operate a restaurant, hotel, catering establishment, or otherfood and drinking establishment in or adjacent to the licensed premisesand sell at such place, at retail for consumption on the premises,liquor manufactured by the licensee and any New York state labeledliquor. All of the provisions of this chapter relative to licenses tosell liquor at retail for consumption on the premises shall apply so faras applicable to such licensee. Notwithstanding any other provision oflaw, the licensee may apply to the authority for a license under thischapter to sell other alcoholic beverages at retail for consumption onthe premises at such establishment.
(f) No holder of a farm distillery license shall manufacture in excessof seventy-five thousand gallons of liquor annually. In the case of theholder of a class A, A-1, B, B-1 or C distiller's license who operates afarm distillery on the same premises, the liquor manufactured pursuantto the farm distillery license shall not be considered with respect toany limitation on the volume that may be manufactured by the class A,A-1, B, B-1 or C distillery.
(g) The holder of a license issued under this subdivision may operateup to one branch office located away from the licensed farm distillery.Such location shall be considered part of the licensed premises and allactivities allowed at and limited to the farm distillery may beconducted at the branch office. Such branch office shall not be locatedwithin, share a common entrance and exit with, or have any interioraccess to any other business, including premises licensed to sellalcoholic beverages at retail. Prior to commencing operation of any suchbranch office, the licensee shall notify the authority of the locationof such branch office and the authority may issue a permit for theoperation of same.
(h) A farm distillery license shall authorize the holder thereof tomanufacture, bottle and sell food condiments and products such as nuts,popcorn, mulling spices and other spirits related food in addition toother such food and crafts on and from the licensed premises. Suchlicense shall authorize the holder thereof to store and sell gift itemsin a tax-paid room upon the licensed premises incidental to the sale ofliquor. These gift items shall be limited to the following categories:
(i) non-alcoholic beverages for consumption on or off premises,including but not limited to bottled water, juice and soda beverages;
(ii) food items for the purpose of complementing liquor tastings,which shall mean a diversified selection of food that is ordinarilyconsumed without the use of tableware and can be conveniently consumedwhile standing or walking. Such food items shall include but not belimited to: cheeses, fruits, vegetables, chocolates, breads, mustardsand crackers;
(iii) food items, which shall include locally produced farm productsand any food or food product not specifically prepared for immediateconsumption upon the premises. Such food items may be combined into apackage containing liquor related products;
(iv) liquor supplies and accessories, which shall include any itemutilized for the storage, serving or consumption of liquor or fordecorative purposes. These supplies may be sold as single items or maybe combined into a package containing liquor;
(v) liquor-making equipment and supplies including, but not limitedto, filters, bottling equipment, and books or other written material toassist spirits makers to produce and bottle liquor; and
(vi) souvenir items, which shall include, but not be limited toartwork, crafts, clothing, agricultural products and any other articleswhich can be construed to propagate tourism within the region.
(i) Notwithstanding any provision of law to the contrary, anotherbusiness or other businesses may operate on the licensed premisessubject to such rules and regulations as the liquor authority mayprescribe. Such rules and regulations shall determine which businesseswill be compatible with the policy and purposes of this chapter andshall consider the effect of particular businesses on the community andarea in the vicinity of the farm distillery premises, provided howeverthat a retailer business licensed under this chapter shall not bepermitted to operate at a licensed manufacturing premises.
3. A distiller's license of any class shall not authorize more thanone of said activities, namely, that of a distillery, a rectifying plantor a fruit brandy distillery, and a separate license shall be requiredfor each such activity, except as provided in subdivision one of thissection.
4. Any person may apply to the liquor authority for a distiller'slicense as provided for in this section. Such application shall be inwriting and verified and shall contain such information as the liquorauthority shall require. Such application shall be accompanied by acheck or draft for the amount required by this article for such license.If the liquor authority shall grant the application it shall issue alicense in such form as shall be determined by its rules.
5. No distiller shall be engaged in any other business on the licensedpremises. No distiller shall sell or agree to sell any liquor, alcoholor spirits to any wholesaler or any retailer who is not duly licensedunder this article to sell liquor, alcohol or spirits at wholesale orretail at the time of such agreement and sale or sell or agree to sellany liquor, alcohol or spirits to persons outside the state exceptpursuant to the laws of the place of such sale or delivery.
6. Any person having applied for and received a license as a farmdistillery under this section may conduct consumer tastings of liquorpursuant to rules or regulations promulgated by the liquor authority,and subject to the limitations set forth in paragraph c of subdivisiontwo-c of this section at the state fair, at recognized county fairs andat farmers' markets operated on a not-for-profit basis.
7. Any person licensed under this section shall manufacture at leastfifty gallons of liquor per year.
8. Notwithstanding any other provision of law to the contrary, a farmdistillery licensed under subdivision two-c of this section may engagein custom liquor production for a non-licensed individual under thefollowing conditions:
(a) the licensee may allow such non-licensed individual to assist inthe production of such custom liquors;
(b) the licensee shall only sell such custom liquor to suchnon-licensed individual for that individual's personal or family use,and not for resale;
(c) the brand label of such custom liquor shall clearly state that theproduct is not for resale;
(d) such custom liquor shall not be offered for sale pursuant tosection ninety-nine-g of this chapter;
(e) any tastings conducted pursuant to this subdivision shall besubject to the provisions of paragraph (c) of subdivision two-c of thissection;
(f) the licensee or an employee or agent of the licensee shall bepresent at all times when the non-licensed individual is assisting inthe production of the custom liquor;
(g) the licensee shall be responsible for obtaining approval of theliquor's brand label pursuant to section one hundred seven-a of thischapter and the payment of all taxes due before the custom liquor isdelivered to the non-licensed individual;
(h) any custom liquor produced under this subdivision must be a NewYork labelled liquor as defined in subdivision twenty-c of section threeof this chapter; and
(i) any custom liquor produced under this subdivision shall be countedtoward the maximum production limit set forth in paragraph (f) ofsubdivision two-c of this section.
9. (a) The holder of a license issued under subdivision one, one-a,two, two-a or two-b of this section may, at the licensed premises,conduct tastings of, and sell at retail for consumption on or off thelicensed premises, any liquor manufactured by the licensee or any NewYork state labeled liquor. Provided, however, that for tastings andsales for on-premises consumption, the licensee shall regularly keepfood available for sale or service to its retail customers forconsumption on the premises. A licensee providing the following shall bedeemed in compliance with this subdivision: (i) sandwiches, soups orother such foods, whether fresh, processed, pre-cooked or frozen; and/or(ii) food items intended to complement the tasting of alcoholicbeverages, which shall mean a diversified selection of food that isordinarily consumed without the use of tableware and can be convenientlyconsumed while standing or walking, including but not limited to:cheeses, fruits, vegetables, chocolates, breads, mustards and crackers.All of the provisions of this chapter relative to licenses to sellliquor at retail for consumption on and off the premises shall apply sofar as applicable to such licensee.
(b)(i) Sales for off-premises consumption may be made only tocustomers who are physically present upon the licensed premises and suchsale shall be concluded by the customer's taking, with him or her, ofthe sealed containers purchased by the customer at the time the customerleaves the licensed premises.
(ii) Sales for off-premises consumption shall not be made where theorder is placed by letter, telephone, fax or e-mail, or where thecustomer otherwise does not place the order while the customer isphysically present upon the premises of the licensed premises.
(iii) Sales for off-premises consumption shall not be made where thecontemplated sale requires the licensee to transport or ship by commoncarrier, sealed containers of liquor to a customer.
