What you sell to drink at the brewery
• sell your beer and cider or beer/cider from any other licensed farm brewery
• if the brewery (only – not a separate business) operates a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the brewery it can sell New York labelled beer and cider and with an additional liquor license for on-premises, sell other alcoholic beverages at retail for consumption on the premises at such establishment.
What you can sell “to go” to customers from the brewery
• sell your beer and cider or any other licensed farm brewery
• sell New York state labelled wine
• sell New York state labelled cider
• sell New York state labelled liquor
• sell or deliver your beer and cider manufactured to persons outside the state pursuant to the laws of the place of such delivery – the order is taken and processed at the brewery by phone, fax or email or e-commerce software
Non-beer things you can sell at the brewery
• sell gift incidental to the sale of beer. These gift items shall be limited to the following categories:
– non-alcoholic beverages for consumption on or off premises, including but not limited to bottled water, juice and soda beverages;
o 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;
o food items, which shall include locally produced farm products and any food or food product not specifically prepared for immediate consumption upon the premises. Such food items may be combined into a package containing cider, beer and/or hop related products;
– beer supplies and accessories, which shall include any item utilized for the storage, serving or consumption of beer or for decorative purposes. These supplies may be sold as single items or may be combined into a package containing beer;
o beer-making equipment and supplies including, but not limited to, home beer-making or home brewing 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 home brewers to produce and bottle beer;
– 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.
What can you sell at off-site tastings
• with no additional permits, sell your beer and cider or any other licensed farm brewery at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis.
• With one additional permit, sell your beer and cider by the bottle
What you can sell to other businesses with liquor licenses
• sell your own beer and cider
• sell in bulk your beer and cider to any person licensed to manufacture alcoholic beverages in this state (ex. A distillery to be used in distilled spirits or a brewery to add wine to its beer – things like that).