N.Y. Alcoholic Beverage Control Law § 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.