N.Y. Alcoholic Beverage Control Law § 77: Custom winemakers' center

§ 77. Custom winemakers' center. 1. Any person may apply to the

authority on or before December thirty-first, two thousand nineteen for

a custom winemakers' center license as provided for in this section to

operate a custom winemakers' center facility and provide individuals

with rental space, the use of equipment and storage facilities, and/or

fruit for the production of wine by such individuals for personal

household use and not for resale in accordance with state and federal

laws, rules, and regulations authorizing such production. Such

application shall be in writing and verified and shall contain such

information as the authority shall require, provided, however, the

holder of such license under this section may renew such license on or

after December thirty-first, two thousand nineteen. Such application

shall be accompanied by a check or draft for the amount required by this

article for such license. If the authority grants the application, it

shall issue a license in such form as shall be determined by its rules.

Such license shall contain a description of the licensed premises and in

form and in substance shall be a license to the person therein

specifically designated to operate such center to manufacture wine for

personal household use in the premises therein specifically licensed.

2. For the purposes of this section, "fruit" shall mean grapes, other

fruits, fruit juices, and other agricultural products including, but not

limited to, honey and flowers, that are grown or produced in the state

of New York.

3. A custom winemakers' center license shall authorize the holder

thereof to operate a facility for individuals to rent space, equipment,

and storage facilities and, if necessary, to purchase fruit to

manufacture wine for personal household use provided that the

manufacture and production of wine for personal household consumption

and use is done in accordance with state and federal laws and

regulations. Such a license shall also authorize the licensee, provided

such activities are permitted by the federal Alcohol and Tobacco Tax and

Trade Bureau for the manufacture of tax exempt wine for personal

household use, to:

(a) conduct training classes on how to manufacture wine; and

(b) conduct wine tastings for those individuals taking such classes

and/or using such facilities for the production of wine at the licensed

facility provided that the tastings shall be subject to the following

limitations:

(i) tastings shall be conducted by the licensee or by an official

agent of the licensee. Such licensee or agent 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

tasting of wine as authorized herein and in accordance with the

provisions of sections 11-100 and 11-101 of the general obligations law,

shall accrue to such center.

4. The custom winemakers' center licensee shall be subject to the

supervision of the authority to ensure that the licensee and the

individuals utilizing such center are in compliance with the provisions

of this chapter, state laws, rules, and regulations, and the laws,

rules, and regulations of the federal Alcohol and Tobacco Tax and Trade

Bureau.

5. The licensee or an official agent of the licensee shall be

physically present at all times during the facility's hours of

operations.

6. The annual aggregate production of wine at any such center for all

individuals making wine at such premises, pursuant to a custom

winemakers' center license, shall not exceed the production limits set

forth by the authority that are commensurate with a non-commercial

production facility. Provided that such aggregate production limit shall

not be offset by wine produced at such facility under a winery's license

or farm winery license.

7. Notwithstanding any other provision of this chapter, the authority

may issue a custom winemakers' center license to the holder of a farm

winery or winery license for use at such licensee's existing licensed

premises.

8. The authority is hereby authorized to promulgate rules and

regulations to effectuate the purposes of this section.

9. The licensee must maintain a record of the name, address, and

contact information of the individual or individuals that have used such

facility and the annual amount of wine produced by each individual at

the facility pursuant to the rules of the authority.