New York

Update: 9/1995

Status: Possibly permitted

Statute

New York statute, Chapter 3-B, Article 8, § 100 provides that no person shall manufacture for sale or sell at wholesale or retail any alcoholic beverage within the state without obtaining the appropriate license therefor required by this chapter. Beer is defined as any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.

Discussion

While no provision, exception, exemption, license, permit or certificate exists with respect to the home production of beer in New York such home production may be permissible under New York law. It appears the legislative intent of the New York alcoholic beverage control law is to regulate the manufacture of alcoholic beverages for sale. Because home produced beer is not manufactured to be sold it may fall outside the scope of the § 100 license requirement. Moreover, home produced beer is not defined as an “illicit alcoholic beverage” under New York law because federal law exempts such beer from applicable excise tax (see § 150).

Special Provisions

N/A

State Alcohol Beverage Control Agency

• State Liquor Authority
• Division of Alcoholic Beverage Control
• Phone: 212.417.4193
• Fax: 212.417.3153

• Zone 1
• 317 Lenox Ave.
• New York, NY 10027
• Phone: 212.961.8378

• Zone 2
• 80 S. Swan St.
• Albany, NY 12210-8002
• Phone: 518.474.0385

• Syracuse District
• 333 E. Washington St.
• Syracuse, NY 13202

• Zone 3
• 535 Washington St.
• Buffalo, NY 14203
• Phone: 716.847.3039

Applicable Statutory Material

§ 3. Definitions

Whenever used in this chapter, unless the context requires otherwise:
1. “Alcoholic beverage” or “beverage” means and includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery containing alcohol as provided by subdivision twelve of section two hundred of the agriculture and markets law shall not be regarded as an “alcoholic beverage” or “beverage” within the meaning of this section.

2. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl or spirit of wine from whatever source or by whatever processes produced.

3. “Beer” means and includes any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.

4. “Brewery” means and includes any place or premises where beer is manufactured for sale; and all offices, granaries, mashrooms, cooling-rooms, vaults, yards, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the brewery to which they are attached or are appurtenant.

5. “Brewer” means any person who owns, occupies, carries on, works, or conducts any brewery, either by himself or by his agent.

§ 100. Alcoholic beverages generally
1. No person shall manufacture for sale or sell at wholesale or retail any alcoholic beverage within the state without obtaining the appropriate license therefor required by this chapter.

2. No manufacturer and no wholesaler shall sell, or agree to sell or deliver in this state any alcoholic beverage for the purposes of resale to any person who is not duly licensed pursuant to this chapter to sell such beverages, at wholesale or retail, as the case may be, at the time of such agreement and sale.
§ 150. Definitions

Whenever used in this article only, unless the context requires otherwise:
1.”Illicit alcoholic beverage” means and includes any alcohol or distilled spirits owned, manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported on which any tax required to have been paid under any applicable federal law has not been paid.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.