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New York Alcoholic Beverage Control Law Section 61 - Distiller's Licenses.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 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 35,000 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 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. 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 a
wholesale 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 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.
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.
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.
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Last modified: August 26, 2006 |