Understanding the latest changes to New York’s farm brewery license

Manufacturing related privileges:

• manufacture of New York state labelled beer. No farm brewery shall manufacture in excess of seventy-five thousand finished barrels of beer and cider annually. A farm brewery shall manufacture at least fifty barrels of beer and cider annually.

• manufacture New York state labelled cider.

• produce, package, bottle, sell and deliver soft drinks and other
non-alcoholic beverages, vitamins, malt, malt syrup, and other by-products.

• package, bottle, sell and deliver wine products. NOTE WINE PRODUCTS ARE NOT WINE BUT WINE COOLER TYPE BEVERAGES.

• allow for the premises including space and equipment to be rented
by a licensed tenant brewer for the purposes of alternation.

• manufacture, bottle and sell food condiments and products such as mustards, sauces, hop seasonings, beer nuts, and other hops and beer related foods in addition to beer and hop soaps, hop pillows, hop wreaths and other such food and crafts on and from the licensed premises.

Sales related privileges:

• sell in bulk beer and cider manufactured by the licensee to any
person licensed to manufacture alcoholic beverages in this state (ex. A distillery to be used in distilled spirits or a brewery to add wine to its beer – things like that).

• sell or deliver beer and cider manufactured by the licensee to
persons outside the state pursuant to the laws of the place of such delivery.

• sell beer and cider manufactured by the licensee to wholesalers
and retailers licensed in this state to sell such beer and cider.

• With one additional permit to an off site tasting permit, sell beer and cider produced by such farm brewery, by the bottle, at the off-site tastings

• sell at the licensed premises beer and cider manufactured by the
licensee or any other licensed farm brewery at retail for consumption on or off the licensed premises.

• selling outside your brewery: sell beer and cider manufactured by the licensee or any other licensed farm brewery 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.

• sell at retail for consumption off the premises New York state labelled wine manufactured by a licensed winery or licensed farm winery.

• sell at retail for consumption off the premises New York state labelled cider manufactured by a licensed cider producer or licensed farm cidery.

• sell at retail for consumption off the premises New York state labelled liquor manufactured by a licensed distiller or licensed farm distiller.

• sell gift incidental to the sale of beer. These gift items shall be limited to the following categories:
– non-alcoholic beverages for consumption on or off premises, including but not limited to bottled water, juice and soda beverages;
– food items for the purpose of complementing beer and cider tastings, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking. Such food items shall include but not be limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers;
– food items, which shall include locally produced farm products and any food or food product not specifically prepared for immediate consumption upon the premises. Such food items may be combined into a package containing cider, beer and/or hop related products;
– beer supplies and accessories, which shall include any item utilized for the storage, serving or consumption of beer or for decorative purposes. These supplies may be sold as single items or may be combined into a package containing beer;
– beer-making equipment and supplies including, but not limited to, home beer-making or home brewing kits, filters, bottling equipment, hops, barley, yeasts, chemicals and other beer additives, and books or other written material to assist beer-makers and home beer-makers or home brewers to produce and bottle beer;
– souvenir items, which shall include, but not be limited to artwork, crafts, clothing, agricultural products and any other articles which can be construed to propagate tourism within the region.

Tasting related privileges:

• conduct tastings at the licensed premises of beer and cider manufactured by the licensee or any other licensed farm brewery.

• conduct tastings of New York state labelled wine manufactured by a licensed winery or licensed farm winery.

• conduct tastings of New York state labelled cider manufactured by a licensed cider producer or licensed farm cidery.

• conduct tastings of New York state labelled liquor manufactured by a licensed distiller or licensed farm distiller.

• with an additional permit, conduct tastings away from the licensed premises of beer and cider produced by the licensee as long as the tastings shall be conducted by an official agent, representative or solicitor of the brewery who shall be physically present at all times during the conduct of the tastings.

 

Other privileges:

• same licensee (only – not a separate business) may operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the licensed premises and sell at such place, at retail for consumption on the premises, beer and cider manufactured by the licensee and any New York state labeled beer or New York state labeled cider and with a full liquor license for on-premises, sell other alcoholic beverages at retail for consumption on the premises at such establishment.

• may operate up to five branch offices located away from the licensed farm brewery. Such locations shall be considered part of the licensed premises and all activities allowed at and limited to the farm brewery may be conducted at the branch offices. Such branch offices shall not be located within, share a common entrance and exit with, or have any interior access to any other business, including premises licensed to sell alcoholic beverages at retail.

• the authority may issue a farm brewery license to the holder of a farm winery or farm distiller’s license for use at such licensee’s existing licensed premises. The holder of a farm winery or farm distiller’s license that simultaneously holds a farm brewery license on an adjacent premises may share and use the same tasting room facilities to conduct any tastings that such licensee is otherwise authorized to conduct.