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

§  76-f.  Roadside  farm  market  license.  1.  Any  person  owning or   operating a roadside farm market may apply to the liquor authority for a   roadside farm market license to sell wine pursuant to this section. Such   application shall be in writing and verified,  and  shall  contain  such   information   as  the  liquor  authority  shall  require  and  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, and the license shall remain in effect for one year.2.  For  the purposes of this section, the term "roadside farm market"   means a building or structure located on a farm operation, as defined in   subdivision eleven of section three hundred one of the  agriculture  and   markets  law, except for a commercial horse boarding operation, in which   New York agricultural products are primarily sold by producers,  growers   or  farmers of such agricultural products to the general public, and the   term  "New  York  agricultural  product"  means  any   agricultural   or   aquacultural product of the soil or water that has been grown, harvested   or  produced  within  the  state,  including  but not limited to fruits,   vegetables, eggs, dairy products, meat and meat  products,  poultry  and   poultry  products,  fish  and  fish  products, grain and grain products,   honey, nuts, preserves, maple sap products, apple  cider,  fruit  juice,   and Christmas trees.3.  A  roadside farm market license shall authorize the holder thereof   to sell wine manufactured or produced by up to two duly licensed farm or   special wineries or micro-wineries that are located within twenty  miles   of  the roadside farm market by the bottle for off-premises consumption;   provided that such market's owner, operator or representative  shall  be   present  at  all times during which wine is being offered for sale. Such   market shall be deemed to possess a warehouse permit and be permitted to   warehouse up to twenty cases of wine; provided that  such  market  shall   abide  by  all  rules  and  regulations  promulgated pursuant to section   ninety-six  of  this  chapter  and  any  other  rules  and   regulations   promulgated  by the liquor authority to implement the provisions of this   section to ensure that wine stored or kept by such market is  segregated   and  kept  in  a safe and secure location when such market is closed for   business.4. The sale of wine pursuant to this section shall occur  only  within   the  hours  fixed  by or pursuant to subdivision fourteen of section one   hundred five of this chapter. Notwithstanding the provisions of  section   eighty  of  this article or any other provision of law, no wine tastings   shall be conducted at  a  roadside  farm  market  that  sells  wine  for   off-premises consumption pursuant to the provisions of this section.5.  The  liquor  authority,  in  consultation  with  the department of   agriculture and markets, shall  promulgate  any  rules  and  regulations   necessary to implement the provisions of this section.