New York ABC Code § 51

Brewer's license
Open in Lexace · Ask the AI about this section
§ 51. Brewer's license. 1. Any person may apply to the liquor\nauthority for a license to brew beer within this state for sale. Such\napplication shall be in writing and verified and shall contain such\ninformation as the liquor authority shall require. Such application\nshall be accompanied by a check or draft for the amount required by this\narticle for such license. If the liquor authority shall grant the\napplication, it shall issue a license in such form as shall be\ndetermined by its rules. Such license shall contain a description of the\nlicensed premises and in form and in substance shall be a license to the\nperson therein specifically designated to brew beer in the premises\ntherein specifically licensed.\n  2. Such a license shall authorize the sale from the licensed premises\nof the beer brewed by such licensee to duly licensed wholesalers,\nretailers and permittees in this state, and to sell or deliver such beer\nto persons outside the state pursuant to the laws of the place of such\nsale or delivery. A person holding a brewer's license may apply for a\nlicense to sell beer brewed by him at wholesale at premises other than\nthose designated in the brewery license and the provisions of this\narticle relative to wholesaler's licenses shall apply so far as\napplicable to such application.\n  3. A licensed brewer may, under such rules as may be adopted by the\nliquor authority, sell beer at retail in bulk by the keg, cask or barrel\nfor consumption and not for resale at a clam-bake, barbeque, picnic,\nouting or other similar outdoor gathering at which more than fifty\npersons are assembled.\n  3-a. A licensed brewer may at the licensed premises conduct tastings\nof, and sell at retail for consumption on or off the licensed premises,\nany beer manufactured by the licensee or any New York state labeled\nbeer.  Provided, however, that for tastings and sales for on-premises\nconsumption, the licensee shall regularly keep food available for sale\nor service to its retail customers for consumption on the premises. A\nlicensee providing the following shall be deemed in compliance with this\nprovision: (i) sandwiches, soups or other such foods, whether fresh,\nprocessed, pre-cooked or frozen; and/or (ii) food items intended to\ncomplement the tasting of alcoholic beverages, which shall mean a\ndiversified selection of food that is ordinarily consumed without the\nuse of tableware and can be conveniently consumed while standing or\nwalking, including but not limited to: cheeses, fruits, vegetables,\nchocolates, breads, mustards and crackers. All of the provisions of this\nchapter relative to licenses to sell beer at retail for consumption on\nand off the premises shall apply so far as applicable to such licensee.\n  4. A licensed brewery may operate a restaurant, hotel, catering\nestablishment, or other food and drinking establishment in or adjacent\nto the licensed premises and sell at such place, at retail for\nconsumption on the premises, beer manufactured by the licensee and any\nNew York state labeled beer. All of the provisions of this chapter\nrelative to licenses to sell beer at retail for consumption on the\npremises shall apply so far as applicable to such licensee.\nNotwithstanding any other provision of law, the licensed brewer may\napply to the liquor authority for a license to sell beer, wine or liquor\nat retail for consumption on the premises at such establishment. All of\nthe provisions of this chapter relative to licenses to sell beer, wine\nor liquor at retail for consumption on the premises shall apply so far\nas applicable to such application.\n  5. A licensed brewer whose annual production is less than sixty\nthousand barrels may apply to the liquor authority for a permit to sell\nbeer in a sealed container for off-premises consumption at the state\nfair, at recognized county fairs and at farmers' markets operated on a\nnot-for-profit basis. As a condition of the permit a representative from\nthe brewer m

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.