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

§ 76. Winery  license. 1. Any person may apply to the liquor authority for a winery license as provided for in this article.  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.   2. A winery license shall authorize the holder thereof:  (a) to operate a winery for the manufacture of wine and  mead  at  the premises specifically designated in the license;  (b)  to  receive and possess wine and mead from other states consigned to a United States government  bonded  winery,  warehouse  or  storeroom located within the state;  (c)   to  sell  in  bulk  from  the  licensed  premises  the  products manufactured under such license and  wine  and  mead  received  by  such licensee from any other state to any winery licensee, or meadery license any  distiller  licensee or to a permittee engaged in the manufacture of products which are unfit for beverage use and to sell  or  deliver  such wine  or  mead  to persons outside the state pursuant to the laws of the place of such sale or delivery;  (d) to sell from the licensed premises to  a  licensed  wholesaler  or retailer,  or  to  a corporation operating railroad cars or aircraft for consumption on such carriers, wine and mead manufactured or received  by the licensee as above set forth in the original sealed containers of not more than fifteen gallons each and to sell or deliver such wine and mead to  persons  outside the state pursuant to the laws of the place of such sale or delivery. All wine and mead  sold  by  such  licensee  shall  be securely  sealed  and  have  attached thereto a label setting forth such information as shall be required by this chapter;  (e) to sell from the licensed premises to licensed farm wineries, farm cideries, farm distilleries and farm breweries New York  state  labelled wine  manufactured  by the licensee in the original sealed containers of not more than fifteen gallons each; and  (f) to operate, or use the services of, a  custom  crush  facility  as defined in subdivision nine-a of section three of this chapter.   3.  (a)  Any  person  having  applied  for and received a license as a winery under this section may conduct wine tastings of  New  York  state labelled wines in establishments licensed under sections sixty-three and seventy-nine  of this chapter to sell wine for off-premises consumption. Such winery may charge a fee for each  wine  sample  tasted.  The  state liquor  authority  shall promulgate rules and regulations regarding such tastings as provided for in this subdivision.  (a-1) Any person having applied for and received a license as a winery under this section may conduct wine tastings of New York state  labelled wines  and  apply  to  the  liquor  authority  for a permit to sell wine produced  by  such  winery  by  the  bottle,  during  such  tastings  in establishments  licensed under section sixty-four, section sixty-four-a, section eighty-one or section eighty-one-a of this chapter to sell  wine for consumption on the premises. Such winery may charge a fee of no more than  twenty-five  cents  for  each wine sample tasted. The state liquor authority shall promulgate rules and regulations regarding such tastings as provided for in this subdivision.  (b) Tastings shall be conducted subject to the following limitations:  (i)  wine  tastings  shall  be  conducted  by   an   official   agent, representative  or  solicitor  of  one  or  more  wineries.  Such agent, representative or solicitor shall be physically  present  at  all  times during the conduct of the tastings; and  (ii)  any  liability  stemming from a right of action resulting from a wine tasting as authorized herein and in accordance with the  provisions of  sections  11-100  and  11-101  of the general obligations law, shall accrue to the winery licensee.  (c)(i)  Any  person  having  applied  for  and received a license as a winery under this section may conduct wine tastings of  New  York  state labelled  wines  and  sell such wine by the bottle, during such tasting, for off-premises consumption at outdoor or indoor gatherings, functions, occasions  or  events,  within  the  hours  fixed  by  or  pursuant   to subdivision  fourteen  of  section  one  hundred  five  of this chapter, sponsored by a bona fide charitable organization. For  the  purposes  of this  paragraph,  a  bona  fide  charitable  organization shall mean and include any bona fide religious or charitable organization or bona  fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firefighters, which by its charter, certificate of  incorporation,  constitution,  or act of the legislature, shall have among its dominant purposes one  or  more  of  the  lawful  purposes  as defined  in  subdivision  five  of section one hundred eighty-six of the general municipal law.  (ii) Upon application, the liquor  authority  shall  issue  an  annual permit  authorizing  such  winery  to  participate  in outdoor or indoor gatherings, functions, occasions or events  sponsored  by  a  charitable organization.   The winery must give the authority written or electronic notice of the date, time and specific location of each tasting at  least fifteen  days  prior  to  the tasting. A winery that obtains a permit to conduct such wine tastings does not  need  to  apply  for  or  obtain  a temporary  beer  or wine permit pursuant to section ninety-seven of this chapter or any other permit to conduct such a tasting or to sell wine by the bottle for off-premises consumption at such tastings.  (iii) Such winery may charge  a  fee  for  each  wine  sample  tasted. Tastings  shall  be  conducted  by  an official agent, representative or solicitor of such winery. The  state  liquor  authority  may  promulgate rules  and  regulations  regarding such tastings as provided for in this subdivision.   4. A licensed winery may at the licensed  premises,  conduct  tastings of,  and sell at retail for consumption on or off the licensed premises, any wine or wine product manufactured by the licensee or  any  New  York state  labeled  wine  or  New York state labeled wine product or any New York state labeled cider. Provided, however, for tastings and sales  for on-premises   consumption,   the  licensee  shall  regularly  keep  food available for sale or service to its retail customers for consumption on the premises. A licensee providing the  following  shall  be  deemed  in compliance  with  this  provision:  (i)  sandwiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or (ii)  food items  intended  to complement the tasting of alcoholic beverages, 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, including but  not  limited  to:  cheeses,  fruits, vegetables,  chocolates,  breads,  mustards  and  crackers.  All  of the provisions of this chapter relative to licenses to sell wine  at  retail for  consumption on or off the premises shall apply so far as applicable to such licensee.   4-a. A licensed winery  may  operate  a  restaurant,  hotel,  catering establishment,  or  other food and drinking establishment in or adjacent to the  licensed  premises  and  sell  at  such  place,  at  retail  for consumption  on  the premises, wine, mead and wine products manufactured by the licensee and any New York state labeled wine, mead  or  New  York state  labeled  wine  product.  All  of  the  provisions of this chapter  relative to licenses to sell wine  at  retail  for  consumption  on  the premises   shall   apply   so   far  as  applicable  to  such  licensee. Notwithstanding any other provision of  law,  the  licensed  winery  may apply  to the authority for a license under article four of this chapter to sell other alcoholic beverages  at  retail  for  consumption  on  the premises at such establishment.   5.  Notwithstanding any provision of this chapter to the contrary, any one or more winery licensees, singly or jointly, may apply to the liquor authority for  a  license  or  licenses  to  sell  wine  at  retail  for consumption  off  the  premises.  For  licensees  applying  singly,  the duration of such license shall be coextensive with the duration of  such licensee's  winery  license,  and the fee therefor shall be five hundred dollars if such retail premises is located in cities having a population of one  million  or  more;  in  cities  having  less  than  one  million population  and  more  than  one  hundred  thousand,  two  hundred fifty dollars; and elsewhere, the sum of one hundred twenty-five dollars. Such license  shall  entitle  the  holder  thereof  to  sell  at  retail  for consumption  off  the  premises  any  New York state labelled wine. Such license shall also entitle the holder thereof to conduct wine  tastings. Such  license shall also authorize the sale by the holder thereof of New York  state  labelled  wine,  in  sealed  containers  for   off-premises consumption, from the specially licensed premises of any person licensed pursuant  to section eighty-one-a of this article to sell wine at retail for consumption on premises in  which  the  principal  business  is  the operation   of   a   legitimate  theater  or  such  other  lawful  adult entertainment or recreational  facility  as  the  liquor  authority  may classify   for  eligibility  pursuant  to  subdivision  six  of  section sixty-four-a of this chapter. Not more than five such licenses shall  be issued,  either  singly  or  jointly,  to any licensed winery. All other provisions of this chapter relative to licenses to sell wine  at  retail for  consumption  off  the  premises shall apply so far as applicable to such application. The liquor authority is  hereby  authorized  to  adopt such  rules  as  it  may deem necessary to carry out the purpose of this subdivision,  provided  that  all  licenses  issued  pursuant  to   this subdivision  shall  be  subject to the same rules and regulations as are applicable to the sale  of  wine  at  retail  for  consumption  off  the premises of the winery licensee.   6.  Any  winery  licensed  pursuant  to  this section is authorized to engage in what is commonly known as wine  by  wire  services  whereby  a winery  within the state may make deliveries on behalf of other wineries within the state.   7. Notwithstanding any provision of this chapter to  the  contrary,  a licensed  winery  may apply to the liquor authority for a permit to sell New York state labelled wine, by the  bottle,  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,   an   agent, representative, or solicitor from the winery must be present at the time of sale.   8.  Any winery may sell or deliver such wine produced by the winery to persons outside the state pursuant to the laws of the place of such sale or delivery.   10. Notwithstanding any provision of this chapter to the contrary, and upon payment to the liquor authority of an additional annual fee of  one hundred  twenty-five dollars, the liquor authority may in its discretion and upon such terms and conditions as  it  may  prescribe,  issue  to  a licensed winery upon application therefor a certificate authorizing such winery  to  sell  wine  at  retail  in  sealed containers to a regularly  organized church, synagogue or religious  organization  for  sacramental purposes.   11.  (a)  A  licensed  winery  may  manufacture, bottle and sell fruit juice, fruit jellies and fruit preserves, tonics,  salad  dressings  and unpotable wine sauces on and from licensed premises.  (b)  Such license shall authorize the holder thereof to store and sell gift items in a tax-paid room upon the  licensed  premises.  These  gift items shall be limited to the following categories:  (i)  Non-alcoholic  beverages  for  consumption  on  or  off premises, including but not limited to bottled water, juice and soda beverages.  (ii) Food items for the purpose of complementing  wine  tasting  shall mean  a  diversified  selection  of  food  which  is ordinarily consumed without the use of tableware and  can  conveniently  be  consumed  while standing  or  walking.  Such food items shall include but not be limited to: cheeses, fruits, vegetables, chocolates, breads and crackers.  (iii) 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 wine or wine product.  (iv)  Wine  supplies  and  accessories,  which  shall include any item utilized for  the  storage,  serving  or  consumption  of  wine  or  for decorative  purposes.  These supplies may be sold as single items or may be combined into a package containing wine or a wine product.  (v) 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.  (vi) New York state labelled wine  produced  or  manufactured  by  any other  New  York  state winery or farm winery licensee. Such wine may be purchased outright by the licensee from a New York winery or farm winery licensee or obtained on  a  consignment  basis  pursuant  to  a  written agreement between the selling and purchasing licensee.  (c) Notwithstanding any provision of this chapter to the contrary, any winery licensee may charge:  (i) For tours of its premises; and  (ii) For any wine tastings.  (d) Wine grape growers or wine producer organizations or associations, incorporated  within  the  state  for  the purpose of wine or wine grape promotion may hold wine  tastings  for  purposes  of  education  in  the production and proper use of wine products under the same rules applying to winery licensees.  (e)  The  authority  is  hereby  authorized  to  promulgate  rules and regulations to effectuate the purposes of this subdivision.  (f) A licensed winery may engage in any other business on the licensed premises subject to such rules and regulations as the  liquor  authority may  prescribe.  In  prescribing  such rules and regulations, the liquor authority  shall  promote  the  expansion  and  profitability  of   wine production   and   of   tourism  in  New  York,  thereby  promoting  the conservation, production and enhancement of New York state  agricultural lands.  Further,  such  rules  and  regulations  shall  determine  which businesses will be compatible with  the  policy  and  purposes  of  this chapter  and  shall  consider the effect of particular businesses on the community and area in the vicinity of the winery licensee.   12. A licensed winery shall  be  permitted  to  remain  open  for  the purposes  of  selling its products, in accordance with the provisions of subdivisions two and  four  of  this  section,  and/or  conducting  wine tasting  at  the  winery,  and/or  conducting public tours of its winery and/or to sell New York state labelled wine, by the bottle, at the state fair, at recognized county fairs and at farmers markets  operated  on  a  not-for-profit  basis  in accordance with the provisions of this section on Sunday between the hours of ten o'clock in the morning and  midnight. The  authority  is hereby authorized to promulgate rules and regulations to effectuate the purposes of this subdivision.   13.  Notwithstanding  any  other  provision  of law to the contrary, a winery licensed pursuant to this  section  may  engage  in  custom  wine production  allowing  individuals to assist in the production of wine or mead for sale for personal or family use, provided,  however,  that  (a) the  wine  or  mead must be purchased by the individual assisting in the production of such wine or mead; and (b) the owner, employee or agent of such winery shall be present at all times during such production.   14. Any person licensed under this section shall manufacture at  least fifty gallons of wine and/or mead per year.