Additionally, a farm brewery license allows a licensee to sell beer and cider manufactured by the licensee to New York-licensed wholesalers and New York-licensed retailers authorized to purchase such. In addition, the license allows a licensee to deliver its beer or cider to individuals outside of New York State provided that the foreign state laws allow for such and the sale and deliver comply with same. Additional benefits include the following:. While business needs can and do change, when applying for a license through the NYSLA, it is imperative for the applicant to consider exactly how its products will be produced.
Any potential business considering applying for the New York State farm brewery license should review the definition of New York State-labelled beer and be familiar with relevant changes to the definition in years to come.
Additionally, as mentioned above, an applicant for a farm brewery license must produce, store, and sell beer on a farm located within the state of New York. We have significant experience working with small companies, especially with respect to brewery licenses, and can offer affordable services without maximizing your budget.
We can also help you evaluate the options for choosing a farm brewery license and whether or not applying for a farm brewery license or full brewery license makes the most sense for your business. People are not eligible to hold licenses if they are convicted felons, a police officer, or one whose license to sell alcoholic beverages has been revoked in the last year.
This license is for brewers that will brew more than 75, barrels per year. Details about the requirements of the farm brewery license can be found below. Wholesale Application : This is the primary form to be filled out for approval by the SLA and the different sections of this form are discussed below.
Instructions can be found here. You also need to provide information about the partners or individuals if the business will be a sole proprietor or partnership.
Right to Premises : You need to explain your right to the brewery premises, e. The lease must run, or allow for renewals, for the full term of the license period. You must also list anyone else, including the lessor, that will share in receipts or losses. Landlord Identification : You have to provide information about the landlord and all principals of the landlord, including whether any of them were previously licensed with the SLA or police officers Financial Disclosure : This form requires you to identify all costs and sources of funding for the brewery and disclosure of all investors.
The total expenses real estate, cost of equipment, etc. Premise Questionnaire : You must state what the area where the brewery is located is zoned for, describe the buildings, identify the prior use of the building, etc.
You also need to certify that the proposed location complies with all state and local regulations and zoning codes. Method of Operation : This is where you choose the type of brewery you will be operating.
You must provide a detailed statement explaining the planned method of operation including describing the production methods and the quantity of product to be produced annually.
Bulletin : You need to sign this form acknowledging a number of statements including that the licensed premises must be physically separate from any other premises, no other businesses may be conducted on the licensed premises, the books and records must be kept on the premises, etc.
Personal Questionnaire : If there are 10 or less shareholders, you must fill out the questionnaire for LLC member and manger, and each stockholder, officer, and director. Each such permit and the exercise of the privilege granted thereby shall be subject to such rules and conditions of the authority as it deems necessary.
Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings; and ii any liability stemming from a right of action resulting from a tasting of beer, cider, or braggot as authorized herein and in accordance with the provisions of sections and of the general obligations law, shall accrue to the farm brewery.
A licensed farm brewery holding a tasting permit issued pursuant to subdivision three of this section may apply to the authority for a permit to sell beer, cider, and braggot produced by such farm brewery, by the bottle, during such tastings in premises licensed under sections sixty-four, sixty-four-a, eighty-one and eighty-one-a of this chapter. A licensed farm brewery may, under such rules as may be adopted by the authority, sell beer or cider manufactured by the licensee or any other licensed farm brewery at retail in bulk by the keg, cask or barrel for consumption and not for resale at a clam-bake, barbeque, picnic, outing or other similar outdoor gathering at which more than fifty persons are assembled.
All of the provisions of this chapter relative to licenses to sell liquor or wine at retail or consumption on the premises shall apply so far as applicable.
A farm brewery license shall authorize the holder thereof to 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.
Such license shall authorize the holder thereof to store and sell gift items in a tax-paid room upon the licensed premises incidental to the sale of beer. These gift items shall be limited to the following categories: a non-alcoholic beverages for consumption on or off premises, including but not limited to bottled water, juice and soda beverages; b 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; c food items, which shall include locally produced farm products and any food or food product not specifically prepared for immediate consumption upon the premises.
These supplies may be sold as single items or may be combined into a package containing beer; e beer-making equipment and supplies including, but not limited to, home beer-making or homebrewing 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 homebrewers to produce and bottle beer; f 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.
Notwithstanding any provision of this chapter to the contrary, any farm brewery licensee may charge for tours of its premises. He is a dedicated and award winning homebrewer and filed the trademark for the folks at Milk the Funk. He even had a beer named after him by a grateful client — Palafrenero from Casita Cerverceria. Do you have a brewery in planning or are you thinking about starting your own brewery in New York?
Below is a legal to do list in chronological order for you to consider as you begin the process. It is not an exhaustive list but it covers everything from trademarks, to commercial leases, to your federal and state brewing licenses, and includes numerous detailed hyperlinks to relevant forms and information. I published an earlier version of this article in , so I figured it was time for an update. Please see www. This blog is intended to provide general information on a wide range of issues, including legal issues, affecting the brewing industry.
It is not intended to provide specific legal advice and no legal advice is given. You understand that merely using this blog does not create an attorney client relationship between you and any attorney at Harris Beach PLLC or Brendan Palfreyman. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Brendan Palfreyman. Put Together Your Business Plan and Funding : Draft a business plan and start lining up potential investors or other sources of funding, such as loans and grants.
Think about whether you might be eligible for grant programs like the Regional Economic Development Councils A professional may be able to advise you as to different grants available to breweries and how to best go about applying for them.
So how do you take care of this responsibility? With proper trademark searching and a federal trademark registration. Individual Beer Names : You should also strongly consider running trademark searches and filing for trademark registrations for your important beers. Lock Down Social Media Profiles : In addition to securing a URL for the brewery, using your cleared brewery name or a close variation thereof I recommend locking down profiles on at least Facebook , Twitter , and Instagram.
Tip: Try to get the same handle for each platform.
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