N.Y. Comp. Codes R. & Regs. tit. 9 § 105.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 105.1 - Cider tastings and sales

(a) Any person licensed as a cider producer or wholesaler may conduct cider tastings of New York State labeled cider in premises licensed to sell alcoholic beverages pursuant to Part 63 of this Title for off-premises consumption.

(b) Such cider tastings may also be conducted in premises licensed pursuant to Part 64 of this Title for on-premises consumption.

(c) Cider producers or wholesalers may apply for a permit to sell cider by the bottle during such tastings in premises licensed for on-premises consumption.

(d) Such cider producers or wholesalers may charge a fee of not more than 25 cents for each sample tasted.

(e) Such cider tastings shall be conducted by an official agent, representative or solicitor of one or more of the cider producers or wholesalers and that person shall be present at all times during the cider tastings.

(f) Any liability resulting from a cause of action from a cider tasting authorized pursuant to this subdivision and in accordance with sections 11-100 and 11-101 of the General Obligations Law shall accrue to the cider producer or wholesaler.

(g) Notwithstanding any provision of this Chapter to the contrary: a licensed cider producer or wholesaler may apply for a permit to sell New York State labeled cider at the State Fair, not-for-profit farmers markets and recognized county fairs. As a condition precedent to the issuance of such permit, a representative, agent or solicitor for the cider producer or wholesaler must be present at the time of sale or tasting.

(h) One or more cider producers or wholesaler licensees may singly or jointly apply for a license to sell cider for consumption off the premises for the duration of the applicant's license.

(i) The fee for such off-premises cider license shall be $500 if the retail premises are in cities which have a population of one million or more, $250 in cities having a population of less than one million, but more than 100,000 and $125 elsewhere.

(j) Not more than five such licenses may be issued to any licensed cider producer or wholesaler.

(k) No retail licensee of cider authorized by this statute shall keep or permit to be kept any unsealed bottle or other container of cider except for the purpose of tasting or sampling by any person authorized to conduct such tasting or sampling.

(l) Sales are prohibited to those persons set forth in Part 65 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 105.1