NY Alcoh Bev Ctrl L § 77 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 6 - Special Provisions Relating to Wine 77 - Custom Winemakers' Center.

§  77.  Custom  winemakers'  center.  1.  Any  person may apply to the authority on or before December thirty-first, two thousand nineteen  for a  custom  winemakers' center license as provided for in this section to operate a custom winemakers' center  facility  and  provide  individuals with  rental  space, the use of equipment and storage facilities, and/or fruit for the production  of  wine  by  such  individuals  for  personal household  use  and  not for resale in accordance with state and federal laws,  rules,  and  regulations  authorizing   such   production.   Such application  shall  be  in  writing  and verified and shall contain such information as the  authority  shall  require,  provided,  however,  the holder  of  such license under this section may renew such license on or after December thirty-first, two  thousand  nineteen.  Such  application shall be accompanied by a check or draft for the amount required by this article  for  such  license. If the authority grants the application, it shall issue a license in such form as shall be determined by its  rules. Such license shall contain a description of the licensed premises and in form  and  in  substance  shall  be  a  license  to  the  person therein specifically designated to operate such center to manufacture  wine  for personal household use in the premises therein specifically licensed.   2.  For the purposes of this section, "fruit" shall mean grapes, other fruits, fruit juices, and other agricultural products including, but not limited to, honey and flowers, that are grown or produced in  the  state of New York.   3.  A  custom  winemakers'  center  license shall authorize the holder thereof to operate a facility for individuals to rent space,  equipment, and   storage  facilities  and,  if  necessary,  to  purchase  fruit  to manufacture  wine  for  personal  household  use   provided   that   the manufacture  and  production  of wine for personal household consumption and  use  is  done  in  accordance  with  state  and  federal  laws  and regulations.  Such a license shall also authorize the licensee, provided such activities are permitted by the federal Alcohol and Tobacco Tax and Trade Bureau for  the  manufacture  of  tax  exempt  wine  for  personal household use, to:  (a) conduct training classes on how to manufacture wine; and  (b)  conduct  wine  tastings for those individuals taking such classes and/or using such facilities for the production of wine at the  licensed facility  provided  that  the tastings shall be subject to the following limitations:  (i) tastings shall be conducted by the  licensee  or  by  an  official agent  of  the  licensee.  Such  licensee  or  agent 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 tasting  of  wine  as  authorized  herein  and  in  accordance  with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to such center.   4. The custom winemakers' center licensee  shall  be  subject  to  the supervision  of  the  authority  to  ensure  that  the  licensee and the individuals utilizing such center are in compliance with the  provisions of  this  chapter,  state  laws,  rules,  and regulations, and the laws, rules, and regulations of the federal Alcohol and Tobacco Tax and  Trade Bureau.   5.  The  licensee  or  an  official  agent  of  the  licensee shall be physically  present  at  all  times  during  the  facility's  hours   of operations.   6.  The annual aggregate production of wine at any such center for all individuals  making  wine  at  such  premises,  pursuant  to  a   custom winemakers'  center  license, shall not exceed the production limits set forth by the authority  that  are  commensurate  with  a  non-commercial  production facility. Provided that such aggregate production limit shall not be offset by wine produced at such facility under a winery's license or farm winery license.   7.  Notwithstanding any other provision of this chapter, the authority may issue a custom winemakers' center license to the holder  of  a  farm winery  or  winery  license for use at such licensee's existing licensed premises.   8.  The  authority  is  hereby  authorized  to  promulgate  rules  and regulations to effectuate the purposes of this section.   9.  The  licensee  must  maintain  a  record of the name, address, and contact information of the individual or individuals that have used such facility and the annual amount of wine produced by  each  individual  at the facility pursuant to the rules of the authority.