New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 63 - Wineries And Farm Wineries, Sale Of Wine At Retail By Wineries, Farm Wineries And Wine Wholesalers › Section 63.11 - Tasting in premises licensed to sell liquor for off-premises consumption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective
					 November 20, 1984 through May 1, 1988, winery and farm winery licensees may
					 singly or jointly conduct wine tastings of New York State-labeled wines in
					 establishments licensed to sell liquor at retail for off-premises consumption,
					 subject to the following conditions and limitations:
(1) Wineries and farm wineries must have a
					 valid license issued pursuant to section 76 or 76-a  of the Alcoholic Beverage
					 Control Law. A copy of such license issued by the State Liquor Authority shall
					 be conspicuously displayed during wine tastings.
(2) The retail liquor store in which tastings
					 are conducted must have a valid license issued pursuant to section 63  of the
					 Alcoholic Beverage Control Law.
(3)
					 Only New York State-labeled wines may be used by wineries and farm wineries in
					 connection with such tastings. New York State-labeled wines, as defined by
					 section 76-a (4)  of the Alcoholic Beverage Control Law, shall mean wines made
					 from grapes at least 75 percent the volume of which were grown in New York
					 State.
(4) The winery and/or farm
					 winery shall supply all wines used for tastings. Such wines shall be in their
					 original sealed containers and must comply with the authority's regulation
					 pertaining to brand label registration. Wineries and farm wineries shall not
					 purchase wines to be used in connection with tastings from a retail liquor
					 store. Upon completion of such tastings, all empty and unempty wine containers
					 shall be removed by the winery or farm winery from the retail
					 establishment.
(5) Tastings must be
					 conducted by an official agent of one or more wineries or farm wineries. Such
					 official agent shall be an employee or principal of the winery or farm winery,
					 and must be physically present at all times during the conducting of such
					 tastings.
(6) Wineries and farm
					 wineries may not sell any wine for off-premises consumption on the premises
					 where the tastings are being conducted.
(7) No payment or fee shall be charged by a
					 winery or farm winery in connection with such tastings.
(8) No such wine tasting may be held during
					 the hours prohibited by the provisions of subdivision 14 of section 105  of the
					 Alcoholic Beverage Control Law, or by the rules of the local alcoholic beverage
					 control board having jurisdiction in the county wherein the wine tasting is
					 being conducted.
(9) No permit is
					 required. However, not less than five business days (verified by postmark)
					 prior to the tastings, the wineries and/or farm wineries conducting such
					 tastings, must give written notice to State Liquor Authority. Such notice shall
					 be addressed to the New York State Liquor Authority, Wholesale Division, 250
					 Broadway, New York, NY 10007, and shall set forth the name(s) and license
					 number(s) of the wineries and/or farm wineries which will be conducting such
					 tastings, together with the name, address and license number of the
					 establishment in which such tasting is to be conducted and the dates and times
					 of such tastings.
(10) Tastings may
					 only be conducted within the licensed retail establishment.