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

§ 76-a. Farm  winery  license.  1.  Any person may apply to the liquor authority for a farm 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 farm winery license shall authorize the holder thereof to:  (a)  operate a farm winery for the manufacture of wine, New York state labeled  mead  or  New  York  state  labeled  cider  at   the   premises specifically designated in the license;  (b)  sell in bulk from the licensed premises the products manufactured under such license  to  any  winery  licensee,  any  other  farm  winery licensee,  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 to persons outside the state pursuant to the laws of the place of such sale or delivery;  (c) sell from  the  licensed  premises  to  a  licensed  winery,  farm distiller,  farm  brewery,  farm  cidery,  farm  meadery,  wholesaler or retailer, or to a corporation operating railroad cars  or  aircraft  for consumption  on  such  carriers,  or  at  retail for consumption off the premises, wine, cider, or mead manufactured by the licensee as above set forth and to sell or deliver such wine or cider to persons  outside  the state  pursuant  to the laws of the place of such sale or delivery.  All wine, cider, or mead sold by  such  licensee  for  consumption  off  the premises  shall  be  securely  sealed  and have attached thereto a label setting forth such information as shall be required by this chapter;  (d) operate, or use the  services  of,  a  custom  crush  facility  as defined in subdivision nine-a of section three of this chapter;  (e)  conduct  tastings of and sell at the licensed premises, at retail for consumption on or off  the  licensed  premises  alcoholic  beverages manufactured by the licensee or any other licensed farm winery; New York state  labeled  wine manufactured by any licensed winery; New York state labeled beer manufactured by any licensed brewer or  farm  brewery;  New York  state  labeled  cider manufactured by any licensed cider producer, farm cidery or farm brewery; New York state labeled mead manufactured by any licensed farm meadery, winery or farm winery; New York state labeled braggot manufactured by any licensed meadery, brewery  or  farm  brewery and New York state labeled liquor manufactured by any licensed distiller or farm distillery;  (f) 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, cider,  and  mead  manufactured  by  the licensee and any New York state labeled wine, New York state labeled cider, New York state labeled  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 farm winery may apply to the authority for a license under this chapter  to  sell  other alcoholic  beverages  at  retail for consumption on the premises at such establishment.   3. (a) Any person having applied for and received a license as a  farm winery  under  this  section may conduct wine tastings of New York state labelled wines in establishments licensed under section  sixty-three  of this  chapter  and section seventy-nine of this article to sell wine for off-premises consumption. Such farm 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.  (b)  Any  person  having  applied for and received a license as a farm 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 farm winery, by the bottle, during  such  tastings in establishments licensed under sections sixty-four and sixty-four-a of this  chapter  and  section  eighty-one  or section eighty-one-a of this article to sell wine for consumption on the premises. Such  farm  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.  (c) 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 farm  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 farm winery.  (d) (i) Any person having applied for and received a license as a farm 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 farm winery to participate in  such  outdoor  or indoor  gatherings,  functions,  occasions  or  events  sponsored  by  a charitable organization. The farm 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 farm 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 farm winery may charge a fee for each wine  sample  tasted. Tastings  shall  be  conducted  by  an official agent, representative or solicitor of such farm winery. The  state  liquor  authority  may  adopt rules  and  regulations  regarding  such  tastings  as  provided in this subdivision.   4. (a) A farm winery license shall authorize  the  holder  thereof  to manufacture,  bottle  and  sell  fruit  juice,  fruit  jellies and fruit preserves, tonics, salad dressings and unpotable wine sauces on and from the 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 incidental to the sale of wine. These gift items shall be  limited  to  the  following categories:  (1)  Non-alcoholic  beverages  for  consumption  on  or  off premises, including but not limited to bottled water, juice and soda beverages.  (2) Food items for the purpose of complimenting wine  tastings,  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.  (3) 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 a wine product.  (4) 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.  (5)  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.  (6)  New  York state labelled wine or liquors produced or manufactured by any other New York state winery or farm winery  licensee  or  by  the holder of any distiller's license. Such wine or liquors may be purchased outright  by the licensee from a New York winery or farm winery licensee or the holder of any distiller's license or obtained  on  a  consignment basis pursuant to a written agreement between the selling and purchasing licensee.  (7)  Wine-making equipment and supplies including, but not limited to, grapes, grape juice, grape must, home wine-making kits, presses,  pumps, bottling equipment, filters, yeasts, chemicals and other wine additives, wine  storage or fermenting vessels, barrels, and books or other written material to assist wine-makers  and  home  wine-makers  to  produce  and bottle wine.  (c)  The  authority  is  hereby  authorized  to  promulgate  rules and regulations to effectuate the purposes of this subdivision.  (d) A licensed farm 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 farm winery licensee.  (e) Notwithstanding any provision of this chapter to the contrary, any farm winery licensee may charge:  (i) For tours of its premises; and  (ii) For any wine tastings.   5.  (a)  Except  as  provided in paragraph (b) of this subdivision, no licensed farm winery shall manufacture or sell  any  wine  not  produced exclusively  from  grapes or other fruits or agricultural products grown or produced in New York state.  (b) In the event that the commissioner  of  agriculture  and  markets, after  investigating  and  compiling information pursuant to subdivision forty-two of  section  sixteen  of  the  agriculture  and  markets  law,  determines  that  a  natural  disaster, act of God, or continued adverse weather condition has destroyed no less than forty percent of a specific grape varietal grown  or  produced  in  New  York  state  and  used  for winemaking,  the  commissioner, in consultation with the chairman of the state liquor authority, may give authorization to a duly  licensed  farm winery  to  manufacture  or sell wine produced from grapes grown outside this state. No such authorization shall be  granted  to  a  farm  winery licensee unless such licensee certifies to the commissioner the quantity of  New  York  grown  grapes  unavailable  to  such licensee due to such natural disaster, act of God or continuing adverse weather condition and satisfies the commissioner that reasonable efforts were made  to  obtain grapes  from  a  New  York state source for such wine making purpose. No farm winery shall utilize an amount  of  out-of-state  grown  grapes  or juice  exceeding the amount of New York grown grapes that such winery is unable to obtain due to the destruction of New York grown  grapes  by  a natural  disaster, act of God or continuing adverse weather condition as determined by the commissioner of agriculture and  markets  pursuant  to this  subdivision.  For  purposes of this subdivision, the department of agriculture and markets and the state liquor authority are authorized to adopt rules and regulations as they may deem necessary to carry out  the provisions  of  this  subdivision  which  shall include ensuring that in manufacturing wine farm wineries utilize grapes grown or produced in New York state to  the  extent  they  are  reasonably  available,  prior  to utilizing grapes or juice from an out-of-state source for such purpose.  (c)  The  commissioner of agriculture and markets shall make available to farm wineries and to the public each  specific  grape  varietal  loss determination issued pursuant to paragraph (b) of this subdivision on or before August twentieth of each year.  (d)  In  the  event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to  August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth each  year  results in any grape varietal loss which meets the standards provided in paragraph (b)  of  this  subdivision,  the  commissioner  of agriculture  and markets, in consultation shall with the chairman of the state  liquor  authority,  may  issue  additional  grape  varietal  loss determinations  and  shall expeditiously make available to farm wineries and to the public each specific grape varietal loss determination issued pursuant to this paragraph prior to October tenth of each year.   6. Notwithstanding any other provision of this chapter, a farm  winery license shall authorize the holder thereof to:  (a)  Offer  for sale or solicit any order in the state for the sale of any New York state labelled wine manufactured by  the  licensee  or  any other winery or farm winery licensed pursuant to this article.  (b)  Engage  as  a  broker  in the purchase and sale of New York state labelled wines for a fee or commission for or on behalf of any winery or farm winery licensed pursuant to this article.  (c)  Maintain  a  warehouse  on  the  premises  pursuant  to   section ninety-six  of  this  chapter  for the warehousing of any New York state labelled wines manufactured  by  any  winery  or  farm  winery  licensed pursuant  to this article. Any winery or farm winery that maintains such a warehouse must comply with the provisions  of  section  ninety-six  of this chapter.  (d) Deliver or transport any New York state labelled wine manufactured or  produced by the licensee or any other winery or farm winery licensed pursuant to this article in any vehicle owned, leased or  hired  by  the licensee. The New York state labelled wine can be delivered, transported or  sold  by  the licensee to any holder of: (i) a winery or farm winery  license, (ii) a license to sell alcoholic beverages for  consumption  on the   premises,   (iii)  a  license  to  sell  alcoholic  beverages  for consumption off the premises, (iv) or any person  that  can  receive  or purchase wine from a farm winery. The licensee is not required to obtain from  the liquor authority a trucking permit or pay any fees pursuant to section ninety-four of this chapter.  (e) Sell for consumption off the  premises  New  York  state  labelled liquors manufactured by the holder of a class A-1, B-1, or C distiller's license.   7. The holder of a license issued under this section may operate up to five  branch  offices  located  away from the licensed farm winery. Such locations, although not required to be on a farm,  shall  be  considered part  of the licensed premises and all activities allowed at and limited to the farm winery may be conducted at the branch offices.  Such  branch offices  shall  not  be located within, share a common entrance and exit with, or have any interior  access  to  any  other  business,  including premises  licensed  to  sell  alcoholic  beverages  at  retail. Prior to commencing operation of any  such  branch  office,  the  licensee  shall notify  the  authority  of  the  location  of such branch office and the authority may issue a permit for the  operation  of  same.  Such  branch offices shall not be subject to the provisions of subdivision two, three or  four  of  section  seventy-nine of this article or the provisions of subdivisions two and three, and paragraphs (b) and  (c)  of  subdivision ten of section one hundred five of this chapter.   8.  (a)  No  licensed  farm  winery shall manufacture in excess of two hundred fifty  thousand  finished  gallons  of  wine,  cider,  and  mead annually.  (b)  Any person licensed under this section shall manufacture at least fifty gallons of wine, cider, and mead per year.   9. Notwithstanding any other provision of law to the contrary, a  farm winery licensed pursuant to this section may engage in custom production allowing  individuals  to  assist  in  the  production of New York state labeled wine, cider and mead  for  sale  for  personal  or  family  use, provided,  however,  that (a) the wine, cider and mead must be purchased by the individual assisting in the production of  such  wine,  cider  or mead;  and  (b)  the  owner,  employee  or agent of such winery shall be present at all times during such production.   10. Notwithstanding any other provision of this chapter, a farm winery license shall authorize the holder thereof to sell wines manufactured or produced by such licensee to a roadside farm market pursuant to  section seventy-six-f of this article.