N.Y. Alcoholic Beverage Control Law § 76-e: Special provisions relating to wineries and farm wineries holding a distiller's license

§ 76-e. Special provisions relating to wineries and farm wineries

holding a distiller's license. 1. Any person who holds a winery license

pursuant to section seventy-six of this article or a farm winery license

pursuant to section seventy-six-a of this article and, in addition to

such license, holds a distiller's license pursuant to section sixty-one

of this chapter, and who conducts wine tastings pursuant to the

provisions of such sections seventy-six and seventy-six-a of this

article, shall be authorized to conduct tastings of brandy manufactured

by such licensed winery or licensed farm winery, at such wine tastings.

2. All consumer tastings of brandy shall be conducted subject to the

following limitations:

(a) Tastings of brandy shall be conducted by an official agent of one

or more persons licensed pursuant to section sixty-one of this chapter.

Such agent shall be physically present upon the premises at all times

during the conducting of the consumer tasting of brandy.

(b) No such person or persons licensed pursuant to section sixty-one

of this chapter, and no official agent thereof, may provide, directly or

indirectly: (i) more than a total of three samples of brandy for tasting

to a person in one calendar day; or (ii) a sample of brandy for tasting

equal to more than one-quarter fluid ounce.

(c) Any liability stemming from a right of action resulting from a

consumer tasting of brandy authorized by this section and in accordance

with the provisions of sections 11-100 and 11-101 of the general

obligations law, shall accrue to the persons licensed pursuant to

section sixty-one of this chapter, who conducted such tasting.

3. The state liquor authority shall promulgate rules and regulations

regarding brandy tastings as provided for in this section.

4. Any person who holds a winery license pursuant to section

seventy-six of this article or a farm winery license pursuant to section

seventy-six-a of this article, and who is authorized to sell wine for

consumption off the premises pursuant to the provisions of such sections

seventy-six and seventy-six-a of this article, shall be authorized to

sell brandy manufactured by such licensed winery or licensed farm winery

for consumption off the premises. Such sale of brandy for consumption

off the premises shall only occur at the licensed winery or farm winery

and not at any other off-premises locations licensed to the winery or

farm winery, pursuant to subdivision four of section seventy-six of this

article. The sale of brandy at a winery or farm winery shall also be

subjected to the same hours of operation as set forth for the sale of

wine at a winery or farm winery. The authority shall promulgate rules

and regulations for the sale of brandy at wineries or farm wineries for

off-premises consumption.