N.Y. Alcoholic Beverage Control Law § 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. (a) Except as provided in paragraph (b) of this subdivision, no

licensed farm winery shall manufacture or sell any cider other than New

York state labeled cider.

(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 at least thirty percent of the apple

crop necessary for producing cider, the commissioner of agriculture and

markets, in consultation with the chairman of the authority, may give

authorization to a duly licensed farm winery to manufacture or sell

cider produced from such apples designated as necessary for producing

cider and grown outside this state. No such authorization shall be

granted to a farm winery licensee unless such licensee certifies to the

commissioner of agriculture and markets the quantity of such New York

state apples designated as necessary for producing cider unavailable to

such licensee due to such natural disaster, act of God, or continuing

adverse weather condition and satisfies the commissioner of agriculture

and markets that reasonable efforts were made to obtain such apples from

a New York state source for such cider making purpose. No farm winery

shall utilize an amount of out-of-state grown apples exceeding the

amount of such designated New York grown apples that such cidery is

unable to obtain due to the destruction of New York grown apples 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 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

cider farm cideries utilize apples grown in New York state to the extent

they are reasonably available, prior to utilizing apples 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 apple loss

determination issued pursuant to paragraph (b) of this subdivision on or

after 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

of each year results in any apple crop loss which meets the standards

provided in paragraph (b) of this subdivision, the commissioner of

agriculture and markets, in consultation with the chairman of the

authority, may issue additional apple crop loss determinations and shall

expeditiously make available to farm wineries and to the public the loss

determination issued pursuant to this paragraph prior to October tenth

of each year.

7. 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.

8. 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.

9. (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.

10. 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.

11. 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.

12. Notwithstanding any provision of law to the contrary, another

business or other businesses may operate on the licensed premises

subject to such rules and regulations as the liquor authority may

prescribe. 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 premises, provided however that

a retail business licensed under this chapter shall not be permitted to

operate at a licensed manufacturing premises.