2023 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.