NY Alcoh Bev Ctrl L § 76-B (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 6 - Special Provisions Relating to Wine 76-B - Temporary Winery or Farm Winery Permit.

§ 76-b. Temporary  winery  or  farm  winery  permit. 1. Any person may apply to the liquor authority  for  a  temporary  permit  to  operate  a winery,  farm  winery,  special  winery,  or  special  farm winery. Such application  shall  be  in  writing  and  verified  and  shall   contain 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  permit.  Such  application  fee  shall  offset   any subsequently  assessed fees required by this article for the issuance of a winery, farm winery, special winery, or special farm winery license to such applicant.   2. Upon application, the liquor authority shall issue  such  temporary permit when the applicant:  (a)  has a winery, farm winery, special winery, or special farm winery license  application  pending  before  the  liquor  authority,  and  the beginning of the harvest season for grapes or any other fruit or product necessary  for  the  production  or manufacture of wine at that facility will occur within thirty days; or  (b) is in good faith negotiating with or has entered into an agreement with a winery, farm winery,  special  winery,  or  special  farm  winery licensee to purchase, obtain or acquire part or full ownership rights in the assets or stock of such existing licensee; or  (c)  due  to  unforeseen circumstances or an emergency situation is in need of a permit to ensure the  continued  or  future  operation  of  an existing winery facility.   3. The liquor authority in granting such permit shall ensure that:  (a)  issuance of the permit will not inordinately hinder the operation or effective administration of this article.  (b) the applicant would in all likelihood be able to ultimately obtain a permanent winery, farm winery, special winery, or special farm  winery license.  (c)  the  applicant  has  substantially complied with the requirements necessary to obtain such license.  (d) upon issuance of the temporary permit, the  existing  license  for said premises shall have been surrendered to, or placed into safekeeping with, the authority pursuant to rules of the liquor authority.   4.  The  application  for  a permit shall be approved or denied by the liquor authority within  forty-five  days  after  the  receipt  of  such application.   5.  A temporary permit shall authorize the holder thereof to operate a winery, farm winery, special winery, or special farm winery as the  case may   be,  for  the  manufacture  and  sale  of  wine  at  the  premises specifically designated in the permit. Further, it shall  authorize  the holder  of  the  permit  to  conduct  any  of  the activities permitted, respectively, by section seventy-six,  seventy-six-a,  seventy-six-c  or seventy-six-d of this article.   6.  Such  temporary  permit  shall  remain in effect for six months or until the permittee is issued a permanent winery, farm  winery,  special winery,  or  special  farm  winery  license,  whichever is shorter. Such permit may be extended at the discretion of the authority for additional three month periods of time upon payment of an additional fee  of  fifty dollars  for each such extension. Notwithstanding any other provision of law, a temporary permit may be summarily cancelled or suspended  at  any time  if  the  liquor  authority  determines  that  good  cause for such cancellation or suspension exists. The liquor authority  shall  promptly notify  the  holder  of  such  permit in writing of such cancellation or suspension and shall set forth the reasons for such action.   7. The liquor authority in reviewing such application shall review the entire record and grant it unless  good  cause  is  otherwise  shown.  A  decision on an application shall be based on substantial evidence in the record  and supported by a preponderance of the evidence in favor of the applicant.