61 - Distiller's licenses.

§ 61. Distiller's  licenses.  1.  A  class A distiller's license shall  authorize the holder thereof to operate a distillery for the manufacture  of  liquors  by  distillation  or   redistillation   at   the   premises  specifically  designated  in  the  license.  Such  a  license shall also  authorize the sale in bulk by such licensee from the  licensed  premises  of  the products manufactured under such license to any person holding a  distiller's class  A  license,  a  distiller's  class  B  license  or  a  permittee  engaged  in  the  manufacture of products which are unfit for  beverage use. It  shall  also  authorize  the  sale  from  the  licensed  premises  and  from  one  other location in the state of New York of any  liquor whether or not manufactured by such licensee to  a  wholesale  or  retail  liquor  licensee  or  permittee in sealed containers of not more  than one quart each. Such license shall also include  the  privilege  to  operate  a  rectifying  plant under the same terms and conditions as the  holder of a class B distiller's  license  without  the  payment  of  any  additional fee.    1-a.  A  class  A-1  distiller's  license  shall  authorize the holder  thereof to operate a distillery which has a production  capacity  of  no  more  than  thirty-five thousand gallons per year for the manufacture of  liquors by distillation or redistillation at the  premises  specifically  designated  in the license. Such a license shall also authorize the sale  in bulk by such licensee from the  licensed  premises  of  the  products  manufactured  under such license to any person holding a winery license,  farm winery license, distiller's class A license, a distiller's class  B  license  or a permittee engaged in the manufacture of products which are  unfit for beverage use. It  shall  also  authorize  the  sale  from  the  licensed  premises  and from one other location in the state of New York  of liquors manufactured by such licensee to a wholesale or retail liquor  licensee or permittee in sealed containers of not more  than  one  quart  each.  In  addition,  it  shall authorize such licensee to sell from the  licensed premises New York state  labelled  liquors  to  a  farm  winery  licensee in sealed containers of not more than one quart for retail sale  for  off-premises  consumption.  Such  license  shall  also  include the  privilege to operate  a  rectifying  plant  under  the  same  terms  and  conditions  as the holder of a class B-1 distiller's license without the  payment of any additional fee.    2. A class B distiller's license shall authorize the holder thereof to  operate a rectifying plant  for  the  manufacture  of  the  products  of  rectification  by  purifying or combining alcohol, spirits, wine or beer  and the manufacture of gin and cordials by the redistillation of alcohol  or spirits over or  with  any  materials.  Such  a  license  shall  also  authorize  the  holder  thereof to blend, reduce proof and bottle on his  licensed premises or in a United States  customs  bonded  warehouse  for  which  a  warehouse  permit  has  been  issued  under  this  chapter for  wholesale liquor licensees or for persons authorized to sell  liquor  at  wholesale  pursuant  to  the  laws  and  regulation  of any other state,  territorial possession of the United States or  foreign  country  liquor  received  in  bulk  by  such  wholesalers from other states, territorial  possessions of the United States or a foreign country, and  to  rebottle  or  recondition  for  wholesale  liquor or wine licensees or for persons  authorized to sell liquor or wine at wholesale pursuant to the laws  and  regulations  of  any  other  state, territorial possession of the United  States or foreign country,  liquor  or  wine  manufactured  outside  the  state,  which  was  purchased and received by such wholesalers in sealed  containers not exceeding one quart each of  liquor  or  fifteen  gallons  each  of  wine.  Such  a  license shall also authorize the sale from the  licensed premises of the products manufactured by  such  licensee  to  awholesale  or  retail licensee in sealed containers of not more than one  quart each.    2-a.  A class C distiller's license shall authorize the holder thereof  to operate a distillery for the manufacture only of fruit brandy and the  sale of such product by such licensee to a wholesale or retail  licensee  in  sealed  containers  of  not more than one quart each. Such a license  shall also authorize the sale in  bulk  of  fruit  brandy  to  a  winery  licensee,  to  a  farm  winery  licensee,  to  the  holder  of a class B  distiller's license or to a permittee  engaged  in  the  manufacture  of  products  which  are unfit for beverage use. It shall also authorize the  sale from the licensed premises and from one other location in the state  of any fruit brandy whether or not manufactured by such  licensee  to  a  wholesale or retail liquor licensee or permittee in sealed containers of  not  more  than  one  quart  each.  In addition, it shall authorize such  licensee to sell from the licensed  premises  New  York  state  labelled  liquors  to a farm winery licensee in sealed containers of not more than  one quart for retail sale for off-premises consumption.    2-b. A class  B-1  distiller's  license  shall  authorize  the  holder  thereof to operate a rectifying plant which has a production capacity of  no  more  than thirty-five thousand gallons per year for the manufacture  of the products of rectification  by  purifying  or  combining  alcohol,  spirits,   wine,  or  beer  and  the  manufacture  of  cordials  by  the  redistillation of alcohol or spirits over or with any materials. Such  a  license  shall  also authorize the holder thereof to blend, reduce proof  and bottle on his licensed premises or in a United States customs bonded  warehouse for which a  warehouse  permit  has  been  issued  under  this  chapter for wholesale liquor licensees or for persons authorized to sell  liquor  at  wholesale  pursuant  to the laws and regulation of any other  state, territorial possession of the United States  or  foreign  country  liquor   received  in  bulk  by  such  wholesalers  from  other  states,  territorial possessions of the United States or a foreign  country,  and  to rebottle or recondition for wholesale liquor or wine licensees or for  persons  authorized  to sell liquor or wine at wholesale pursuant to the  laws and regulations of any other state, territorial possession  of  the  United  States  or  foreign country, liquor or wine manufactured outside  the state, which was purchased  and  received  by  such  wholesalers  in  sealed  containers  not  exceeding  one  quart each of liquor or fifteen  gallons each of wine. Such a license shall also authorize the sale  from  the licensed premises of the products manufactured by such licensee to a  wholesale  or  retail licensee in sealed containers of not more than one  quart each. In addition, it shall authorize such licensee to  sell  from  the  licensed  premises New York state labelled liquors to a farm winery  licensee in sealed containers of not more than one quart for retail sale  for off-premises consumption.    2-c. (a) A class D distiller's license,  otherwise  known  as  a  farm  distillery  license,  shall  authorize  the  holder of such a license to  operate a farm distillery at the premises specifically designated in the  license:    (i) To manufacture liquor primarily from farm and  food  products,  as  defined  in  subdivision  two  of  section two hundred eighty-two of the  agriculture and markets law;    (ii) To put such liquor into containers of not  more  than  one  quart  each,  which  containers shall then be sealed and to sell such liquor at  wholesale, for  resale,  and  to  wholesale  and  retail  licensees  and  permittees;    (iii)  To sell at retail, for personal use, in such sealed containers;  and(iv) To sell in bulk, liquor manufactured by the licensee to a  winery  or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C  distiller's  license,  or  to  the holder of a permit issued pursuant to  paragraph c of subdivision one of section ninety-nine-b of this chapter.    (b)(i)  Retail sales by a licensed farm distillery may be made only to  customers who are physically present upon the licensed premises and such  sale shall be concluded by the customer's taking, with him  or  her,  of  the sealed containers purchased by the customer at the time the customer  leaves the licensed premises;    (ii)  Such retail sales shall not be made where the order is placed by  letter, telephone, fax or e-mail, or where the customer  otherwise  does  not  place  the  order while the customer is physically present upon the  premises of the licensed premises;    (iii) Such retail sales shall not be made where the contemplated  sale  requires  the  licensee  to  transport or ship by common carrier, sealed  containers of liquor to a customer.    (c) A licensed farm distillery may conduct upon the licensed  premises  consumer  tastings  of  liquor  manufactured by the licensee and from 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, as  defined in subdivision two of section  two  hundred  eighty-two  of  the  agriculture and markets law, shall be used in the tastings;    (ii)  An  official agent, servant or employee of the licensee shall be  physically present at all times  during  the  conduct  of  the  consumer  tasting of liquor;    (iii)  No  consumer  may be provided, directly or indirectly: (A) more  than 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 fluid  ounce;    (iv)  Any  liability  stemming from a right of action resulting from a  consumer  tasting  of  liquor  authorized  by  this  paragraph  and   in  accordance  with  the  provisions  of  sections 11-100 and 11-101 of the  general obligations law, shall accrue to the licensee.    (d) Notwithstanding any other provision of this chapter, the authority  may 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 license  for use at such licensee's existing licensed premises. For the  purposes  of  this  chapter,  the  premises  of  the  class  A,  A-1,  B, B-1 or C  distillery, winery or farm winery shall be considered  the  premises  of  the  farm  distillery.  The  holder  of  a  farm distillery license that  simultaneously holds a winery, farm winery or any class of a distiller's  license on the same premises may share and use  the  same  tasting  room  facilities  to  conduct  wine  and liquor tastings that such licensee is  otherwise authorized to conduct.    (e) Notwithstanding any other provision of law to  the  contrary,  the  holder  of  a  farm  distillery license may apply to the authority for a  license to sell beer, wine and liquor for consumption on the premises in  a restaurant operated on or adjacent to the  licensed  farm  distillery.  All  the  provisions of this chapter relative to licensees to sell beer,  wine or liquor at retail for consumption on the premises shall apply  so  far as applicable to such application.    (f) No holder of a farm distillery license shall manufacture in excess  of  thirty-five  thousand gallons of liquor annually. In the case of the  holder of a class A, A-1, B, B-1 or C distiller's license who operates a  farm distillery on the same premises, the liquor  manufactured  pursuant  to  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.    3.  A  distiller's  license of any class shall not authorize more than  one of said activities, namely, that of a distillery, a rectifying plant  or a fruit brandy distillery, and a separate license shall  be  required  for  each  such  activity, except as provided in subdivision one of this  section.    4. Any person may apply to the  liquor  authority  for  a  distiller's  license  as  provided  for in this section. Such application shall be in  writing and verified 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 article 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.    5. No distiller shall be engaged in any other business on the licensed  premises.  No  distiller shall sell or agree to sell any liquor, alcohol  or spirits to any wholesaler or any retailer who is  not  duly  licensed  under  this  article  to sell liquor, alcohol or spirits at wholesale or  retail at the time of such agreement and sale or sell or agree  to  sell  any  liquor,  alcohol  or  spirits  to  persons outside the state except  pursuant to the laws of the place of such sale or delivery.