State Codes and Statutes

Statutes > New-york > Abc > Article-4 > 51

§ 51. Brewer's  license.  1.  Any  person  may  apply  to  the  liquor  authority for a license to brew beer within this state  for  sale.  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. Such license shall contain a description of the  licensed premises and in form and in substance shall be a license to the  person  therein  specifically  designated  to  brew beer in the premises  therein specifically licensed.    2. Such a license shall authorize the sale from the licensed  premises  of  the  beer  brewed  by  such  licensee  to duly licensed wholesalers,  retailers and permittees in this state, and to sell or deliver such beer  to persons outside the state pursuant to the laws of the place  of  such  sale  or  delivery.  A person holding a brewer's license may apply for a  license to sell beer brewed by him at wholesale at premises  other  than  those  designated  in  the  brewery  license  and the provisions of this  article  relative  to  wholesaler's  licenses  shall  apply  so  far  as  applicable to such application.    3.  A  licensed  brewer may, under such rules as may be adopted by the  liquor authority, sell beer 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.    4. A licensed brewer may apply to the liquor authority for  a  license  to  sell  beer, wine or liquor at retail for consumption on the premises  in a restaurant owned by him and conducted and operated  by  him  in  or  adjacent  to the brewery for which he is licensed. All of the provisions  of this chapter relative to licenses to sell beer,  wine  or  liquor  at  retail  for consumption on the premises shall apply so far as applicable  to such application.    5. A licensed brewer  whose  annual  production  is  less  than  sixty  thousand  barrels may apply to the liquor authority for a permit to sell  beer 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 brewer must be present at the time of sale.    * 6. Except as otherwise provided in subdivisions three, four and five  of this section and except as provided  in  section  fifty-two  of  this  article no brewer shall sell any beer, wine or liquor at retail.    * NB There are 2 sb 6's    * 6.  Notwithstanding the provisions of subdivision one of section one  hundred one of this chapter the authority may issue a  brewer's  license  pursuant  to  this  section for a premises which shall be located wholly  within the town of Hyde Park, county of Dutchess,  state  of  New  York,  known  and  designated as Lot No. 1 shown on a map entitled "Subdivision  for Piney" filed in the Dutchess County Clerk's Office as Map No.  8764,  being more particularly bounded and described as follows:    BEGINNING  at  a  point  on the easterly line of State Highway Route 9  (also known as Albany Post Road) at the northwest corner of  the  herein  described  parcel  and the southwest corner of the lands now or formerly  of Friendly Ice Cream Corp.; thence along the division line between  the  herein  described  parcel and the last mentioned lands; South 77 deg 10'  10" East 310.17 feet to the northeast corner  of  the  herein  described  parcel  and  the southeast corner of the last mentioned lands at a point  on the westerly  line  of  other  lands  of  Fernando  Piney  which  are  designated  as  Lot  No.  1 as shown of Filed Map 5678; thence along thedivision line between the herein described parcel and the last described  lands of Piney. South 06 deg 34' 20" West 157.76 feet to  the  southeast  corner  of  the  herein described parcel and the northeast corner of Lot  No. 2 as shown on Filed Map No. 8764; thence along the northerly line of  Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42"  West  155.26  feet  and  South  87  deg  45' 20" West 155.00 feet to the  southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a  point on the easterly line of State Highway Route 9;  thence  along  the  easterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00  feet  to  the point of beginning. Being the same premises as conveyed to  Anthony Lobianco,  Joseph  Lobianco  and  Carmelo  DeCicco  by  deed  of  Universal  Land Abstract, as agent of the grantor, Fernando Piney, dated  March 21, 1995 and recorded in the office of the Dutchess  County  Clerk  on  such  date as Receipt no. R12437, Batch record no. A00209; Being the  same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka  & Strohsahl, as agent of the grantor, Carmelo  DeCicco,  dated  November  17,  2003  and  recorded  in  the office of the Dutchess County Clerk on  December 9, 2004 as document no. 02  2004  12028,  Receipt  no.  R98669,  Batch record no. C00440.    * NB There are 2 sb 6's    7.  Notwithstanding  any  contrary  provision of law or of any rule or  regulation  promulgated  pursuant  thereto,  and  in  addition  to   the  activities which may otherwise be carried on by any person licensed as a  brewer  under  this chapter, such person may, on the premises designated  in such license: (a) produce, package, bottle,  sell  and  deliver  soft  drinks  and  other  non-alcoholic beverages, vitamins, malt, malt sirup,  and other by-products; (b) dry spent grain from the brewery; (c) recover  carbon dioxide and yeast;  (d)  store  bottles,  packages  and  supplies  necessary  or  incidental  to  all such operations; (e) package, bottle,  sell and deliver wine products; (f) allow  for  the  premises  including  space  and  equipment  to  be rented by a licensed tenant brewer for the  purposes of alternation; and (g) manufacture, produce,  blend,  package,  bottle,  purchase, sell and deliver alcoholic beverages. If any licensed  brewer desires to engage in any of the activities in paragraph (a), (b),  (c), (d) or (e) of  this  subdivision  which  (a)  require  the  use  of  by-products   or  wastage  from  the  production  of  beer,  or  utilize  buildings, room-areas or equipment not fully employed in the  production  of  beer; or (b) are reasonably necessary to realize the maximum benefit  from the premises and equipment  and  to  reduce  the  overhead  of  the  brewery;  or  (c)  are  in  the  public  interest  because  of emergency  conditions; or (d) involve experiments or research projects  related  to  equipment, materials, processes, products, by-products or wastage of the  brewery,  he  shall  submit  an  application  so  to  do  to  the liquor  authority, on forms prescribed and furnished by  it.  If  the  authority  determines  that  the  activities  specified in the application will not  impede the effective administration of the  alcoholic  beverage  control  law,  it  may  approve such application, subject to such restrictions or  modifications, and in such manner and form as it may determine,  and  no  brewer  licensed  under this chapter shall engage in any such activities  without the prior approval of the authority. Provided, however,  if  the  licensed  brewer  desires  to  engage  in  any  activities identified in  paragraph (f) or (g) of this subdivision the licensee  shall  submit  an  application  to  do  so to the liquor authority, on forms prescribed and  furnished by  it.  If  the  authority  determines  that  the  activities  specified   in   the   application   will   not   impede  the  effective  administration of this chapter, it may approve such application, subject  to such restrictions or modifications, and in such manner and form as it  may determine. The approval of such application shall be subject to  theimposition   of   such  additional  license  fees  for  such  activities  identified in paragraph (g) of  this  subdivision  consistent  with  the  manufacture  of  any alcoholic beverages under this article and articles  five  and six of this chapter. The liquor authority is hereby authorized  to adopt such rules and regulations as it  may  determine  necessary  to  effectuate the provisions of this subdivision.    8.  (a) A licensee or his or her employee, or a brewer or manufacturer  as  defined  in  section  three  of  this  chapter  or  its  employee or  representative, or an importer having a  basic  permit  as  required  by  section  1.20  of  title  27  of  the code of federal regulations or its  employee or representative, may obtain a permit to serve  small  samples  of   beer   or   malt  beverages  he  or  she  produces  or  imports  at  establishments licensed under section fifty-four or fifty-four-a of this  article. Furthermore such permit may also be obtained for serving  small  samples of beer or malt beverages produced or imported by such licensee,  brewer,   manufacturer   or   importer  at  annual  fairs  sponsored  by  agricultural and horticultural societies as defined in section  fourteen  hundred  nine of the not-for-profit corporation law, and for sampling at  the licensed premises of the holder  of  a  wholesaler's  license  under  section  fifty-three  of  this  article  issued or renewed prior to July  first, nineteen hundred sixty, and thereafter  renewed  or  transferred,  which  authorizes  the holder thereof to sell beer at retail to a person  for consumption in his or her home. For purposes of  this  paragraph,  a  representative  shall  not  include  a  person  licensed  under  section  fifty-three of this article or his or her employees.    (b) The fee for a temporary brewer  tasting  permit  shall  be  twenty  dollars and shall be issued by the authority and dated for its period of  use, which shall not exceed three days. An applicant for such permit may  also apply for an annual brewer tasting permit for a fee of one thousand  dollars which shall be issued by the authority.    (c)  Tastings at such licensed establishments or annual fairs shall be  conducted only within the hours fixed by or pursuant  to  this  chapter,  during  which alcoholic beverages may be lawfully sold or permitted upon  premises licensed to  sell  beer  or  malt  beverages  for  off-premises  consumption.    (d)  A  licensee  or  his or her employee may provide small samples of  beer  or  malt  beverages  he  or  she  produces   at   their   licensed  establishment.  No permit shall be required for a licensee or his or her  employee to provide small samples of beer or malt beverages when  served  at his or her licensed establishment.    (e)  Each  serving  at  tastings shall be served only by the brewer or  importer or his or her employee and shall be limited to three ounces  or  less  of  a  brand of beer or malt beverage produced by the brewer or by  the importer and no consumer of legal age shall  be  provided  or  given  more than two servings of such brands offered for tasting.    (f)  All  beer  or  other  malt  beverages served pursuant to a permit  issued under this subdivision shall have been purchased  by  the  retail  licensee upon whose premises the serving of samples is taking place.    (g)  A  brewer or importer to whom a permit is issued pursuant to this  subdivision may not be assessed a fee or charge by the  retail  licensee  upon  whose  premises  the  serving is taking place for the privilege of  serving such samples.    (h) The brewer or importer,  or  his  or  her  employee  serving  such  samples,  shall  be  responsible for ensuring that such samples are only  served to individuals legally eligible to consume alcoholic beverages in  this state.    (i) Any liability stemming from a right of action resulting  from  the  sampling  of  beer  or  other  malt  beverages  as  authorized  by  thissubdivision, and in accordance with the provisions  of  sections  11-100  and 11-101 of the general obligations law, shall accrue to the brewer or  importer.    (j)  The authority is authorized and directed to provide such forms to  a brewer or importer to obtain the necessary  temporary  brewer  tasting  permit  and promulgate such rules and regulations, as it deems necessary  or appropriate to  implement  the  provisions  of  this  subdivision  to  protect the health, safety and welfare of the people of this state.

State Codes and Statutes

Statutes > New-york > Abc > Article-4 > 51

§ 51. Brewer's  license.  1.  Any  person  may  apply  to  the  liquor  authority for a license to brew beer within this state  for  sale.  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. Such license shall contain a description of the  licensed premises and in form and in substance shall be a license to the  person  therein  specifically  designated  to  brew beer in the premises  therein specifically licensed.    2. Such a license shall authorize the sale from the licensed  premises  of  the  beer  brewed  by  such  licensee  to duly licensed wholesalers,  retailers and permittees in this state, and to sell or deliver such beer  to persons outside the state pursuant to the laws of the place  of  such  sale  or  delivery.  A person holding a brewer's license may apply for a  license to sell beer brewed by him at wholesale at premises  other  than  those  designated  in  the  brewery  license  and the provisions of this  article  relative  to  wholesaler's  licenses  shall  apply  so  far  as  applicable to such application.    3.  A  licensed  brewer may, under such rules as may be adopted by the  liquor authority, sell beer 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.    4. A licensed brewer may apply to the liquor authority for  a  license  to  sell  beer, wine or liquor at retail for consumption on the premises  in a restaurant owned by him and conducted and operated  by  him  in  or  adjacent  to the brewery for which he is licensed. All of the provisions  of this chapter relative to licenses to sell beer,  wine  or  liquor  at  retail  for consumption on the premises shall apply so far as applicable  to such application.    5. A licensed brewer  whose  annual  production  is  less  than  sixty  thousand  barrels may apply to the liquor authority for a permit to sell  beer 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 brewer must be present at the time of sale.    * 6. Except as otherwise provided in subdivisions three, four and five  of this section and except as provided  in  section  fifty-two  of  this  article no brewer shall sell any beer, wine or liquor at retail.    * NB There are 2 sb 6's    * 6.  Notwithstanding the provisions of subdivision one of section one  hundred one of this chapter the authority may issue a  brewer's  license  pursuant  to  this  section for a premises which shall be located wholly  within the town of Hyde Park, county of Dutchess,  state  of  New  York,  known  and  designated as Lot No. 1 shown on a map entitled "Subdivision  for Piney" filed in the Dutchess County Clerk's Office as Map No.  8764,  being more particularly bounded and described as follows:    BEGINNING  at  a  point  on the easterly line of State Highway Route 9  (also known as Albany Post Road) at the northwest corner of  the  herein  described  parcel  and the southwest corner of the lands now or formerly  of Friendly Ice Cream Corp.; thence along the division line between  the  herein  described  parcel and the last mentioned lands; South 77 deg 10'  10" East 310.17 feet to the northeast corner  of  the  herein  described  parcel  and  the southeast corner of the last mentioned lands at a point  on the westerly  line  of  other  lands  of  Fernando  Piney  which  are  designated  as  Lot  No.  1 as shown of Filed Map 5678; thence along thedivision line between the herein described parcel and the last described  lands of Piney. South 06 deg 34' 20" West 157.76 feet to  the  southeast  corner  of  the  herein described parcel and the northeast corner of Lot  No. 2 as shown on Filed Map No. 8764; thence along the northerly line of  Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42"  West  155.26  feet  and  South  87  deg  45' 20" West 155.00 feet to the  southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a  point on the easterly line of State Highway Route 9;  thence  along  the  easterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00  feet  to  the point of beginning. Being the same premises as conveyed to  Anthony Lobianco,  Joseph  Lobianco  and  Carmelo  DeCicco  by  deed  of  Universal  Land Abstract, as agent of the grantor, Fernando Piney, dated  March 21, 1995 and recorded in the office of the Dutchess  County  Clerk  on  such  date as Receipt no. R12437, Batch record no. A00209; Being the  same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka  & Strohsahl, as agent of the grantor, Carmelo  DeCicco,  dated  November  17,  2003  and  recorded  in  the office of the Dutchess County Clerk on  December 9, 2004 as document no. 02  2004  12028,  Receipt  no.  R98669,  Batch record no. C00440.    * NB There are 2 sb 6's    7.  Notwithstanding  any  contrary  provision of law or of any rule or  regulation  promulgated  pursuant  thereto,  and  in  addition  to   the  activities which may otherwise be carried on by any person licensed as a  brewer  under  this chapter, such person may, on the premises designated  in such license: (a) produce, package, bottle,  sell  and  deliver  soft  drinks  and  other  non-alcoholic beverages, vitamins, malt, malt sirup,  and other by-products; (b) dry spent grain from the brewery; (c) recover  carbon dioxide and yeast;  (d)  store  bottles,  packages  and  supplies  necessary  or  incidental  to  all such operations; (e) package, bottle,  sell and deliver wine products; (f) allow  for  the  premises  including  space  and  equipment  to  be rented by a licensed tenant brewer for the  purposes of alternation; and (g) manufacture, produce,  blend,  package,  bottle,  purchase, sell and deliver alcoholic beverages. If any licensed  brewer desires to engage in any of the activities in paragraph (a), (b),  (c), (d) or (e) of  this  subdivision  which  (a)  require  the  use  of  by-products   or  wastage  from  the  production  of  beer,  or  utilize  buildings, room-areas or equipment not fully employed in the  production  of  beer; or (b) are reasonably necessary to realize the maximum benefit  from the premises and equipment  and  to  reduce  the  overhead  of  the  brewery;  or  (c)  are  in  the  public  interest  because  of emergency  conditions; or (d) involve experiments or research projects  related  to  equipment, materials, processes, products, by-products or wastage of the  brewery,  he  shall  submit  an  application  so  to  do  to  the liquor  authority, on forms prescribed and furnished by  it.  If  the  authority  determines  that  the  activities  specified in the application will not  impede the effective administration of the  alcoholic  beverage  control  law,  it  may  approve such application, subject to such restrictions or  modifications, and in such manner and form as it may determine,  and  no  brewer  licensed  under this chapter shall engage in any such activities  without the prior approval of the authority. Provided, however,  if  the  licensed  brewer  desires  to  engage  in  any  activities identified in  paragraph (f) or (g) of this subdivision the licensee  shall  submit  an  application  to  do  so to the liquor authority, on forms prescribed and  furnished by  it.  If  the  authority  determines  that  the  activities  specified   in   the   application   will   not   impede  the  effective  administration of this chapter, it may approve such application, subject  to such restrictions or modifications, and in such manner and form as it  may determine. The approval of such application shall be subject to  theimposition   of   such  additional  license  fees  for  such  activities  identified in paragraph (g) of  this  subdivision  consistent  with  the  manufacture  of  any alcoholic beverages under this article and articles  five  and six of this chapter. The liquor authority is hereby authorized  to adopt such rules and regulations as it  may  determine  necessary  to  effectuate the provisions of this subdivision.    8.  (a) A licensee or his or her employee, or a brewer or manufacturer  as  defined  in  section  three  of  this  chapter  or  its  employee or  representative, or an importer having a  basic  permit  as  required  by  section  1.20  of  title  27  of  the code of federal regulations or its  employee or representative, may obtain a permit to serve  small  samples  of   beer   or   malt  beverages  he  or  she  produces  or  imports  at  establishments licensed under section fifty-four or fifty-four-a of this  article. Furthermore such permit may also be obtained for serving  small  samples of beer or malt beverages produced or imported by such licensee,  brewer,   manufacturer   or   importer  at  annual  fairs  sponsored  by  agricultural and horticultural societies as defined in section  fourteen  hundred  nine of the not-for-profit corporation law, and for sampling at  the licensed premises of the holder  of  a  wholesaler's  license  under  section  fifty-three  of  this  article  issued or renewed prior to July  first, nineteen hundred sixty, and thereafter  renewed  or  transferred,  which  authorizes  the holder thereof to sell beer at retail to a person  for consumption in his or her home. For purposes of  this  paragraph,  a  representative  shall  not  include  a  person  licensed  under  section  fifty-three of this article or his or her employees.    (b) The fee for a temporary brewer  tasting  permit  shall  be  twenty  dollars and shall be issued by the authority and dated for its period of  use, which shall not exceed three days. An applicant for such permit may  also apply for an annual brewer tasting permit for a fee of one thousand  dollars which shall be issued by the authority.    (c)  Tastings at such licensed establishments or annual fairs shall be  conducted only within the hours fixed by or pursuant  to  this  chapter,  during  which alcoholic beverages may be lawfully sold or permitted upon  premises licensed to  sell  beer  or  malt  beverages  for  off-premises  consumption.    (d)  A  licensee  or  his or her employee may provide small samples of  beer  or  malt  beverages  he  or  she  produces   at   their   licensed  establishment.  No permit shall be required for a licensee or his or her  employee to provide small samples of beer or malt beverages when  served  at his or her licensed establishment.    (e)  Each  serving  at  tastings shall be served only by the brewer or  importer or his or her employee and shall be limited to three ounces  or  less  of  a  brand of beer or malt beverage produced by the brewer or by  the importer and no consumer of legal age shall  be  provided  or  given  more than two servings of such brands offered for tasting.    (f)  All  beer  or  other  malt  beverages served pursuant to a permit  issued under this subdivision shall have been purchased  by  the  retail  licensee upon whose premises the serving of samples is taking place.    (g)  A  brewer or importer to whom a permit is issued pursuant to this  subdivision may not be assessed a fee or charge by the  retail  licensee  upon  whose  premises  the  serving is taking place for the privilege of  serving such samples.    (h) The brewer or importer,  or  his  or  her  employee  serving  such  samples,  shall  be  responsible for ensuring that such samples are only  served to individuals legally eligible to consume alcoholic beverages in  this state.    (i) Any liability stemming from a right of action resulting  from  the  sampling  of  beer  or  other  malt  beverages  as  authorized  by  thissubdivision, and in accordance with the provisions  of  sections  11-100  and 11-101 of the general obligations law, shall accrue to the brewer or  importer.    (j)  The authority is authorized and directed to provide such forms to  a brewer or importer to obtain the necessary  temporary  brewer  tasting  permit  and promulgate such rules and regulations, as it deems necessary  or appropriate to  implement  the  provisions  of  this  subdivision  to  protect the health, safety and welfare of the people of this state.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-4 > 51

§ 51. Brewer's  license.  1.  Any  person  may  apply  to  the  liquor  authority for a license to brew beer within this state  for  sale.  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. Such license shall contain a description of the  licensed premises and in form and in substance shall be a license to the  person  therein  specifically  designated  to  brew beer in the premises  therein specifically licensed.    2. Such a license shall authorize the sale from the licensed  premises  of  the  beer  brewed  by  such  licensee  to duly licensed wholesalers,  retailers and permittees in this state, and to sell or deliver such beer  to persons outside the state pursuant to the laws of the place  of  such  sale  or  delivery.  A person holding a brewer's license may apply for a  license to sell beer brewed by him at wholesale at premises  other  than  those  designated  in  the  brewery  license  and the provisions of this  article  relative  to  wholesaler's  licenses  shall  apply  so  far  as  applicable to such application.    3.  A  licensed  brewer may, under such rules as may be adopted by the  liquor authority, sell beer 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.    4. A licensed brewer may apply to the liquor authority for  a  license  to  sell  beer, wine or liquor at retail for consumption on the premises  in a restaurant owned by him and conducted and operated  by  him  in  or  adjacent  to the brewery for which he is licensed. All of the provisions  of this chapter relative to licenses to sell beer,  wine  or  liquor  at  retail  for consumption on the premises shall apply so far as applicable  to such application.    5. A licensed brewer  whose  annual  production  is  less  than  sixty  thousand  barrels may apply to the liquor authority for a permit to sell  beer 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 brewer must be present at the time of sale.    * 6. Except as otherwise provided in subdivisions three, four and five  of this section and except as provided  in  section  fifty-two  of  this  article no brewer shall sell any beer, wine or liquor at retail.    * NB There are 2 sb 6's    * 6.  Notwithstanding the provisions of subdivision one of section one  hundred one of this chapter the authority may issue a  brewer's  license  pursuant  to  this  section for a premises which shall be located wholly  within the town of Hyde Park, county of Dutchess,  state  of  New  York,  known  and  designated as Lot No. 1 shown on a map entitled "Subdivision  for Piney" filed in the Dutchess County Clerk's Office as Map No.  8764,  being more particularly bounded and described as follows:    BEGINNING  at  a  point  on the easterly line of State Highway Route 9  (also known as Albany Post Road) at the northwest corner of  the  herein  described  parcel  and the southwest corner of the lands now or formerly  of Friendly Ice Cream Corp.; thence along the division line between  the  herein  described  parcel and the last mentioned lands; South 77 deg 10'  10" East 310.17 feet to the northeast corner  of  the  herein  described  parcel  and  the southeast corner of the last mentioned lands at a point  on the westerly  line  of  other  lands  of  Fernando  Piney  which  are  designated  as  Lot  No.  1 as shown of Filed Map 5678; thence along thedivision line between the herein described parcel and the last described  lands of Piney. South 06 deg 34' 20" West 157.76 feet to  the  southeast  corner  of  the  herein described parcel and the northeast corner of Lot  No. 2 as shown on Filed Map No. 8764; thence along the northerly line of  Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25' 42"  West  155.26  feet  and  South  87  deg  45' 20" West 155.00 feet to the  southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a  point on the easterly line of State Highway Route 9;  thence  along  the  easterly line of State Highway Route 9. North 06 deg 34' 20" East 210.00  feet  to  the point of beginning. Being the same premises as conveyed to  Anthony Lobianco,  Joseph  Lobianco  and  Carmelo  DeCicco  by  deed  of  Universal  Land Abstract, as agent of the grantor, Fernando Piney, dated  March 21, 1995 and recorded in the office of the Dutchess  County  Clerk  on  such  date as Receipt no. R12437, Batch record no. A00209; Being the  same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka  & Strohsahl, as agent of the grantor, Carmelo  DeCicco,  dated  November  17,  2003  and  recorded  in  the office of the Dutchess County Clerk on  December 9, 2004 as document no. 02  2004  12028,  Receipt  no.  R98669,  Batch record no. C00440.    * NB There are 2 sb 6's    7.  Notwithstanding  any  contrary  provision of law or of any rule or  regulation  promulgated  pursuant  thereto,  and  in  addition  to   the  activities which may otherwise be carried on by any person licensed as a  brewer  under  this chapter, such person may, on the premises designated  in such license: (a) produce, package, bottle,  sell  and  deliver  soft  drinks  and  other  non-alcoholic beverages, vitamins, malt, malt sirup,  and other by-products; (b) dry spent grain from the brewery; (c) recover  carbon dioxide and yeast;  (d)  store  bottles,  packages  and  supplies  necessary  or  incidental  to  all such operations; (e) package, bottle,  sell and deliver wine products; (f) allow  for  the  premises  including  space  and  equipment  to  be rented by a licensed tenant brewer for the  purposes of alternation; and (g) manufacture, produce,  blend,  package,  bottle,  purchase, sell and deliver alcoholic beverages. If any licensed  brewer desires to engage in any of the activities in paragraph (a), (b),  (c), (d) or (e) of  this  subdivision  which  (a)  require  the  use  of  by-products   or  wastage  from  the  production  of  beer,  or  utilize  buildings, room-areas or equipment not fully employed in the  production  of  beer; or (b) are reasonably necessary to realize the maximum benefit  from the premises and equipment  and  to  reduce  the  overhead  of  the  brewery;  or  (c)  are  in  the  public  interest  because  of emergency  conditions; or (d) involve experiments or research projects  related  to  equipment, materials, processes, products, by-products or wastage of the  brewery,  he  shall  submit  an  application  so  to  do  to  the liquor  authority, on forms prescribed and furnished by  it.  If  the  authority  determines  that  the  activities  specified in the application will not  impede the effective administration of the  alcoholic  beverage  control  law,  it  may  approve such application, subject to such restrictions or  modifications, and in such manner and form as it may determine,  and  no  brewer  licensed  under this chapter shall engage in any such activities  without the prior approval of the authority. Provided, however,  if  the  licensed  brewer  desires  to  engage  in  any  activities identified in  paragraph (f) or (g) of this subdivision the licensee  shall  submit  an  application  to  do  so to the liquor authority, on forms prescribed and  furnished by  it.  If  the  authority  determines  that  the  activities  specified   in   the   application   will   not   impede  the  effective  administration of this chapter, it may approve such application, subject  to such restrictions or modifications, and in such manner and form as it  may determine. The approval of such application shall be subject to  theimposition   of   such  additional  license  fees  for  such  activities  identified in paragraph (g) of  this  subdivision  consistent  with  the  manufacture  of  any alcoholic beverages under this article and articles  five  and six of this chapter. The liquor authority is hereby authorized  to adopt such rules and regulations as it  may  determine  necessary  to  effectuate the provisions of this subdivision.    8.  (a) A licensee or his or her employee, or a brewer or manufacturer  as  defined  in  section  three  of  this  chapter  or  its  employee or  representative, or an importer having a  basic  permit  as  required  by  section  1.20  of  title  27  of  the code of federal regulations or its  employee or representative, may obtain a permit to serve  small  samples  of   beer   or   malt  beverages  he  or  she  produces  or  imports  at  establishments licensed under section fifty-four or fifty-four-a of this  article. Furthermore such permit may also be obtained for serving  small  samples of beer or malt beverages produced or imported by such licensee,  brewer,   manufacturer   or   importer  at  annual  fairs  sponsored  by  agricultural and horticultural societies as defined in section  fourteen  hundred  nine of the not-for-profit corporation law, and for sampling at  the licensed premises of the holder  of  a  wholesaler's  license  under  section  fifty-three  of  this  article  issued or renewed prior to July  first, nineteen hundred sixty, and thereafter  renewed  or  transferred,  which  authorizes  the holder thereof to sell beer at retail to a person  for consumption in his or her home. For purposes of  this  paragraph,  a  representative  shall  not  include  a  person  licensed  under  section  fifty-three of this article or his or her employees.    (b) The fee for a temporary brewer  tasting  permit  shall  be  twenty  dollars and shall be issued by the authority and dated for its period of  use, which shall not exceed three days. An applicant for such permit may  also apply for an annual brewer tasting permit for a fee of one thousand  dollars which shall be issued by the authority.    (c)  Tastings at such licensed establishments or annual fairs shall be  conducted only within the hours fixed by or pursuant  to  this  chapter,  during  which alcoholic beverages may be lawfully sold or permitted upon  premises licensed to  sell  beer  or  malt  beverages  for  off-premises  consumption.    (d)  A  licensee  or  his or her employee may provide small samples of  beer  or  malt  beverages  he  or  she  produces   at   their   licensed  establishment.  No permit shall be required for a licensee or his or her  employee to provide small samples of beer or malt beverages when  served  at his or her licensed establishment.    (e)  Each  serving  at  tastings shall be served only by the brewer or  importer or his or her employee and shall be limited to three ounces  or  less  of  a  brand of beer or malt beverage produced by the brewer or by  the importer and no consumer of legal age shall  be  provided  or  given  more than two servings of such brands offered for tasting.    (f)  All  beer  or  other  malt  beverages served pursuant to a permit  issued under this subdivision shall have been purchased  by  the  retail  licensee upon whose premises the serving of samples is taking place.    (g)  A  brewer or importer to whom a permit is issued pursuant to this  subdivision may not be assessed a fee or charge by the  retail  licensee  upon  whose  premises  the  serving is taking place for the privilege of  serving such samples.    (h) The brewer or importer,  or  his  or  her  employee  serving  such  samples,  shall  be  responsible for ensuring that such samples are only  served to individuals legally eligible to consume alcoholic beverages in  this state.    (i) Any liability stemming from a right of action resulting  from  the  sampling  of  beer  or  other  malt  beverages  as  authorized  by  thissubdivision, and in accordance with the provisions  of  sections  11-100  and 11-101 of the general obligations law, shall accrue to the brewer or  importer.    (j)  The authority is authorized and directed to provide such forms to  a brewer or importer to obtain the necessary  temporary  brewer  tasting  permit  and promulgate such rules and regulations, as it deems necessary  or appropriate to  implement  the  provisions  of  this  subdivision  to  protect the health, safety and welfare of the people of this state.

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