Cider in New York

New York State allows beer but not wine or liquor to be sold in grocery/convenience stores. And stores that sell wine and liquor cannot sell beer. Where does cider fit in the scheme? I’ve been told that alcohol volume is the determinant. Ciders having less than a certain amount of alcohol are sold in grocery stores; those having more alcohol are sold in liquor and wine stores. But the owner of a cidery told me the other day that cider straddles the system and can be sold in both kinds of stores. Anyone know?

I believe the owner is correct, but I can't seem to find anything specific. Last year, Senator Schumer sponsored a bill that raised the alcohol content for cider from 7% to 8.5% and eliminated the sparkling wine excise tax on cider. Good move!

Hi Dan,
I think as far as the NYS Liquor Authority is concerned all you have to do is apply for a “provision license” to sell cider. Cider in NYS is defined as a partially or fully fermented beverage; it could be still or have residual CO2. So I don’t think ABV has anything to do with it.

Salute

I'm not sure exactly what the laws are there, but I for one have never seen cider in a liquor store, only in grocery stores, beer stores, and farmer's markets

Alex -
It is sold in some liquor stores in Syracuse.

Dan

Liquor stores in Buffalo, also.

This Bloomberg article answers the question and more. In summary, effective Jan. 1, 2014 a new license governs farm cideries in NYS similar to licenses for wine, beer and distilled products. Up to 150,000 gallons of cider made exclusively of apples grown within the state may be made per year. Cider may be purchased at the cidery and, unlike other alcoholic products, it may be distributed and sold to both liquor and grocery stores.
Thanks all.

Hi Dan,
(I might be misreading the NYS Liquor Authority website, but I think this is what it is saying).
For the liquor or grocery store to sell cider retail to consumers I believe they have to apply for a “special provision” license that permits them to sell cider retail in NYS (just another way for the state to collect more money). A grocery store that annually applies and pays the permit fee to sell beer retail in NYS now has to shell out additional money for the privilege to sell cider. A liquor store that annually applies and pays the permit fee to sell wine and spirits retail in NYS now has to shell out additional money for the privilege to sell cider.

Salute

Victor,
What I find interesting about allowing cider to be sold in both grocery stores and liquor/wines stores is that it's a first. Previously, a specific alcoholic beverage could only be sold in one or the other. Grocery stores in NY have long been wanting to sell wine. They probably look at this as a breakthrough.

Dan