No distiller shall be engaged in any other business on the licensed premises.
A farm distillery license can be granted 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. 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.
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 to any limitation on the volume that may be manufactured by the class A, A-1, B, B-1 or C distillery.
- manufacture liquor primarily from farm and food products and to put such liquor into containers of not more than one quart each, which containers shall then be sealed.
- no holder of a farm distillery license shall manufacture in excess of seventy-five thousand gallons of liquor annually and shall manufacture at least fifty gallons of liquor per year.
- only one of said activities of a distillery, a rectifying plant or a fruit brandy distillery; a separate license shall be required for each such activity
- no distiller shall sell or agree to sell any liquor, alcohol or spirits to any wholesaler or any retailer who is not duly licensed 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.
- sell such liquor at wholesale, for resale, and to licensed farm wineries, farm cideries, farm breweries and other farm distilleries, wholesale and retail licensees, and permittees.
- sell at retail, for personal use, in 1 quart or less sealed containers. 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; 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; 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; NOTE NO INTERNET SALES, NO SHIPPING.
- 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.
- sell at retail for consumption off the premises New York state labelled beer.
- sell at retail for consumption off the premises New York state labelled cider manufactured by a licensed brewer, licensed farm brewery, licensed farm winery, licensed cider producer or licensed farm cidery.
- sell at retail for consumption off the premises New York state labelled wine.
- with an additional permit to sell liquor in a sealed container for off-premises consumption at the state fair, at recognized county fairs and at farmers’ markets operated on a not-for-profit basis. As a condition of the permit a representative from the distillery must be present at the time of sale.
- sell at retail for consumption on the licensed premises, any liquor manufactured by the licensee or any New York state labeled liquor provided, the licensee shall regularly keep food available for sale or service to its retail customers for consumption on the premises. A licensee providing the 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 the tasting of alcoholic beverages, 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, including but not limited to: cheese, fruits, vegetables, chocolates, breads, mustards and crackers.
- conduct tastings of New York state labelled beer.
- conduct tastings of New York state labelled cider manufactured by a licensed brewer, licensed farm brewery, licensed farm winery, licensed cider producer or licensed farm cidery.
- Conduct tastings of New York state labelled wine.
- 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, provided that only liquor manufactured primarily from farm and food products, and 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 and no consumer may be provided, directly or indirectly more than three samples of liquor for tasting in one calendar day; or with a sample of liquor for tasting equal to more than one-quarter fluid ounce
- conduct consumer tastings of liquor the state fair, at recognized county fairs and at farmers’ markets operated on a not-for-profit basis.
- may operate up to one branch office located away from the licensed farm distillery. Such location shall be considered part of the licensed premises and all activities allowed at and limited to the farm distillery may be conducted at the branch office. Such branch office 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.
- 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, liquor manufactured by the licensee and any New York state labeled liquor and with an on-premises full liquor license, sell other alcoholic beverages at retail for consumption on the premises at such establishment.