Business insurance · Breweries, wineries, distilleries & cideries

Brewery, winery, distillery and cidery insurance in New York

A craft beverage business is a manufacturer, a bar and sometimes a farm at the same time. The licence decides what you're allowed to do: make, pour, sell by the glass, open a second tasting room, pour at a county fair. Each of those privileges is also a place a claim can start. Here's how the insurance lines up with New York's farm manufacturer licences.

In short

A New York brewery, winery, distillery or cidery needs liquor liability for the tasting room, because General Obligations Law §11-101 lets people injured by someone you unlawfully served sue you; products liability and product recall cover for what leaves in a bottle, can or keg; property with equipment breakdown and spoilage for tanks, barrels and stock; commercial auto for deliveries and events; and workers' compensation with DBL and Paid Family Leave. A farm licence from the State Liquor Authority adds tastings, by-the-glass sales, branch tasting rooms and sales at fairs and farmers markets, and each one needs to be on the policy.

Your licence, and what each privilege adds to the policy

SLA farm licenceWhat the SLA and the statute let you doWhat it means for insurance
Farm brewery (ABC Law §51-a)Brew New York labelled beer and cider; tastings; sales by the glass and bottle; a restaurant on site; fairs and farmers markets; kegs at outdoor gatherings; tours; up to five branch officesLiquor liability on every location and event; products liability; tours mean visitors in the brewhouse
Farm winery (§76-a)Wine from 100% New York fruit; tastings; sales on and off premises; a restaurant or hotel on site; up to five branch officesLiquor liability; spoilage for wine in tank and barrel; if you grow the grapes, farm property and farm labor rules too
Farm distillery (§61(2-c))Spirits from at least 75% New York ingredients; tastings with a three-sample daily limit; sales on premises; one branch officeTasting liability is yours wherever you pour; carriers ask more about fire protection and spirit storage
Farm cidery (§58-c)Cider from 100% New York apples and pome fruit; tastings; sales on and off premises; a restaurant or catering on site; fairs and farmers markets; up to five branch officesLiquor liability; spoilage; orchard and farm cover if you grow the fruit

Farm meaderies have their own licence, with mead from 100% New York honey; the insurance is built the same way.

The craft beverage package

Fairs, markets and festivals

Every event is another premises

The SLA's Marketing Permit lets craft manufacturers taste and sell at licensed stores, the State Fair and county fairs, farmers markets and charitable events, and at street fairs and festivals with 15 days' notice to the Authority. Organizers set their own insurance terms, and a farmers market vendor form can make you indemnify the town for injuries tied to your stand. Check that liquor liability and general liability both reach off-premises events, and once the policies are in force, I get you the certificates each organizer asks for.

Employees and permits

Workers' compensation from the first employee, part-time and seasonal included, and DBL and Paid Family Leave once someone has worked 30 days in a calendar year. Workers' Compensation Law §57 and §220 require State and municipal agencies to check that a business has both before issuing permits, licences and contracts. If you also farm, the field crew falls under New York's farm labor rules; see farm and agritourism insurance.

Where it matters

Duanesburg's plan credits its agritourism law with a new meadery and brewery in the Town, and Greenfield's business list includes a winery and a distillery. I quote craft beverage businesses anywhere in New York; see the business insurance page for the area I cover in person.

What I need to quote

  1. Your SLA licence type, branch offices and any marketing permits.
  2. Annual production, sales split between wholesale, tasting room and events, and alcohol sales at each location.
  3. Building, equipment and stock values, and how product is stored and cooled.
  4. Vehicles, delivery routes and events you attend.
  5. Payroll by role, including field and seasonal staff.
  6. Current policies and claims history.

Request a quote, or start with the business gap check. For a tasting room with a full kitchen, see restaurant and bar insurance as well.

Sources

How these pages are prepared · How I'm paid

Questions

Common questions

Short answers to what people ask before they call.

Still have a question? Call (518) 902-8822 or book a call.

I only pour my own beer or wine in a tasting room. Do I need liquor liability?

Yes. General Obligations Law §11-101 gives anyone injured by an intoxicated person a right to sue whoever unlawfully sold to that person, and Alcoholic Beverage Control Law §65 makes a sale to someone under 21 or visibly intoxicated unlawful. §11-100 adds liability for knowingly furnishing alcohol to someone under 21. It doesn't matter that the drink was a flight of samples you made yourself. General liability forms exclude liquor claims for businesses that make, sell or serve alcohol, so the tasting room needs its own liquor liability, with the assault and battery wording read before you buy.

My farm distillery pours samples at a liquor store or a fair. Whose liability is that?

Yours. Alcoholic Beverage Control Law §61(2-c) says liability from a right of action arising out of a consumer tasting it authorizes, under General Obligations Law §§11-100 and 11-101, accrues to the licensee. The same subdivision limits a consumer to three samples a day and requires a licensee employee to be present. Make sure your liquor liability covers tastings away from the distillery, not only on your own premises.

What do products liability and product recall cover?

Products liability answers claims that something you made hurt someone: a contaminated batch, a bottle that bursts, glass in a can. It's part of general liability, but read the limit for the products-completed operations aggregate. Recall is different: general liability excludes the cost of pulling your own product off shelves, so a recall needs its own coverage for retrieving, destroying and replacing product and, on some forms, the income you lose.

A glycol chiller fails overnight and a tank of beer spoils. Is that covered?

Only if the property policy includes equipment breakdown and spoilage. Standard property forms exclude mechanical and electrical breakdown; equipment breakdown pays to repair the brewhouse, chillers, boilers, compressors and controls, and spoilage pays for product lost when temperature control fails. Ask how each quote values finished goods, at cost or at your selling price.

I'm opening a branch tasting room. Does my policy follow me?

Not automatically. Farm breweries, wineries and cideries can operate up to five branch offices and a farm distillery one, and the SLA treats them as part of the licensed premises. Your insurance doesn't: each location needs to be listed on the property, liability and liquor liability policies before it opens, and the landlord's lease will set its own limits and additional insured wording.

Do I need workers' comp for part-time tasting room staff?

Yes. Workers' compensation applies from the first employee, part-time and seasonal included, and disability and Paid Family Leave coverage is required once you have an employee on each of at least 30 days in a calendar year. If you grow your own grapes, apples, grain or hops, the people working the fields are farm laborers, and the Department of Labor says farm employers must cover them regardless of annual payroll.

Get a quote for your business

Tell me what you do, where, and roughly what payroll looks like. Quotes come from the private carriers I represent, usually within days.

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How should I reach you?

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Service area

Where I work

I'm based in Clifton Park and work in person across six counties, the four on the map plus Warren and Washington, or by phone.

Ibrahim Afyon's four core service counties in New York's Capital Region A north-up map of the four core counties: Saratoga, Albany, Schenectady and Rensselaer. Warren and Washington counties, which I also serve in person, lie to the north and are not drawn. Clifton Park is marked as the office. Other square markers show Halfmoon, Malta, Ballston Spa, Saratoga Springs, Albany, Colonie, Latham, Guilderland, Delmar, Schenectady, Niskayuna, Rotterdam, Troy, East Greenbush and Brunswick. County borders come from NYS GIS; community markers use Census representative locations. Clifton Park — office Clifton Park MY OFFICE Halfmoon — Saratoga County Halfmoon Malta — Saratoga County Malta Ballston Spa — Saratoga County Ballston Spa Saratoga Springs — Saratoga County Saratoga Springs Albany — Albany County Albany Colonie — Albany County Colonie Latham — Albany County Latham Guilderland — Albany County Guilderland Delmar — Albany County Delmar Schenectady — Schenectady County Schenectady Niskayuna — Schenectady County Niskayuna Rotterdam — Schenectady County Rotterdam Troy — Rensselaer County Troy East Greenbush — Rensselaer County East Greenbush Brunswick — Rensselaer County Brunswick Glenville — Schenectady County Glenville Scotia — Schenectady County Scotia Rensselaer — Rensselaer County Rensselaer
Squares mark communities; the double square is my office. County borders are simplified from NYS GIS data; community squares show representative locations.
Saratoga County
Clifton Park · Halfmoon · Malta · Ballston Spa · Saratoga Springs
Albany County
Albany · Colonie · Latham · Guilderland · Delmar
Schenectady County
Schenectady · Niskayuna · Rotterdam · Glenville · Scotia
Rensselaer County
Troy · East Greenbush · Rensselaer · Brunswick

Close to the Clifton Park office: Clifton Knolls, Country Knolls, Rexford, Vischer Ferry, Jonesville, Groom's Corners and Halfmoon across Route 9 — I'll come to you at home.