§ 76-A — Farm winery license

New York § 76-A

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 6: Special Provisions Relating to Wine

Text

§ 76-a. Farm winery license. 1. Any person may apply to the liquor\nauthority for a farm winery license as provided for in this article.\nSuch application shall be in writing and verified and shall contain such\ninformation as the liquor authority shall require. Such application\nshall be accompanied by a check or draft for the amount required by this\narticle for such license. If the liquor authority shall grant the\napplication it shall issue a license in such form as shall be determined\nby its rules.\n 2. A farm winery license shall authorize the holder thereof to:\n (a) operate a farm winery for the manufacture of wine, New York state\nlabeled mead or New York state labeled cider at the premises\nspecifically designated in the license;\n (b) sell in bulk from the licensed premises the products manufactured\nunder such license to any winery licensee, any other farm winery\nlicensee, any distiller licensee or to a permittee engaged in the\nmanufacture of products which are unfit for beverage use and to sell or\ndeliver such wine to persons outside the state pursuant to the laws of\nthe place of such sale or delivery;\n (c) sell from the licensed premises to a licensed winery, farm\ndistiller, farm brewery, farm cidery, farm meadery, wholesaler or\nretailer, or to a corporation operating railroad cars or aircraft for\nconsumption on such carriers, or at retail for consumption off the\npremises, wine, cider, or mead manufactured by the licensee as above set\nforth and to sell or deliver such wine or cider to persons outside the\nstate pursuant to the laws of the place of such sale or delivery. All\nwine, cider, or mead sold by such licensee for consumption off the\npremises shall be securely sealed and have attached thereto a label\nsetting forth such information as shall be required by this chapter;\n (d) operate, or use the services of, a custom crush facility as\ndefined in subdivision nine-a of section three of this chapter;\n (e) conduct tastings of and sell at the licensed premises, at retail\nfor consumption on or off the licensed premises alcoholic beverages\nmanufactured by the licensee or any other licensed farm winery; New York\nstate labeled wine manufactured by any licensed winery; New York state\nlabeled beer manufactured by any licensed brewer or farm brewery; New\nYork state labeled cider manufactured by any licensed cider producer,\nfarm cidery or farm brewery; New York state labeled mead manufactured by\nany licensed farm meadery, winery or farm winery; New York state labeled\nbraggot manufactured by any licensed meadery, brewery or farm brewery\nand New York state labeled liquor manufactured by any licensed distiller\nor farm distillery;\n (f) operate a restaurant, hotel, catering establishment, or other food\nand drinking establishment in or adjacent to the licensed premises and\nsell at such place, at retail for consumption on the premises, wine,\ncider, and mead manufactured by the licensee and any New York state\nlabeled wine, New York state labeled cider, New York state labeled mead\nor New York state labeled wine product. All of the provisions of this\nchapter relative to licenses to sell wine at retail for consumption on\nthe premises shall apply so far as applicable to such licensee.\nNotwithstanding any other provision of law, the licensed farm winery may\napply to the authority for a license under this chapter to sell other\nalcoholic beverages at retail for consumption on the premises at such\nestablishment.\n 3. (a) Any person having applied for and received a license as a farm\nwinery under this section may conduct wine tastings of New York state\nlabelled wines in establishments licensed under section sixty-three of\nthis chapter and section seventy-nine of this article to sell wine for\noff-premises consumption. Such farm winery may charge a fee for each\nwine sample tasted. The state liquor authority shall promulgate rules\nand regulations regarding such tastings as provided for in this\nsubdivision.\n (b) Any person having applied for and received a license as a farm\nwinery under this section may conduct wine tastings of New York state\nlabelled wines and apply to the liquor authority for a permit to sell\nwine produced by such farm winery, by the bottle, during such tastings\nin establishments licensed under sections sixty-four and sixty-four-a of\nthis chapter and section eighty-one or section eighty-one-a of this\narticle to sell wine for consumption on the premises. Such farm winery\nmay charge a fee of no more than twenty-five cents for each wine sample\ntasted. The state liquor authority shall promulgate rules and\nregulations regarding such tastings as provided for in this subdivision.\n (c) Tastings shall be conducted subject to the following limitations:\n (i) wine tastings shall be conducted by an official agent,\nrepresentative or solicitor of one or more farm wineries. Such agent,\nrepresentative or solicitor shall be physically present at all times\nduring the conduct of the tastings; and\n (ii) any liability stemming from a right of action resulting from a\nwine tasting as authorized herein and in accordance with the provisions\nof sections 11-100 and 11-101 of the general obligations law, shall\naccrue to the farm winery.\n (d) (i) Any person having applied for and received a license as a farm\nwinery under this section may conduct wine tastings of New York state\nlabelled wines and sell such wine by the bottle, during such tasting,\nfor off-premises consumption at outdoor or indoor gatherings, functions,\noccasions or events, within the hours fixed by or pursuant to\nsubdivision fourteen of section one hundred five of this chapter,\nsponsored by a bona fide charitable organization. For the purposes of\nthis paragraph, a bona fide charitable organization shall mean and\ninclude any bona fide religious or charitable organization or bona fide\neducational, fraternal or service organization or bona fide organization\nof veterans or volunteer firefighters, which by its charter, certificate\nof incorporation, constitution, or act of the legislature, shall have\namong its dominant purposes one or more of the lawful purposes as\ndefined in subdivision five of section one hundred eighty-six of the\ngeneral municipal law.\n (ii) Upon application, the liquor authority shall issue an annual\npermit authorizing such farm winery to participate in such outdoor or\nindoor gatherings, functions, occasions or events sponsored by a\ncharitable organization. The farm winery must give the authority written\nor electronic notice of the date, time and specific location of each\ntasting at least fifteen days prior to the tasting. A farm winery that\nobtains a permit to conduct such wine tastings does not need to apply\nfor or obtain a temporary beer or wine permit pursuant to section\nninety-seven of this chapter or any other permit to conduct such a\ntasting or to sell wine by the bottle for off-premises consumption at\nsuch tastings.\n (iii) Such farm winery may charge a fee for each wine sample tasted.\nTastings shall be conducted by an official agent, representative or\nsolicitor of such farm winery. The state liquor authority may adopt\nrules and regulations regarding such tastings as provided in this\nsubdivision.\n 4. (a) A farm winery license shall authorize the holder thereof to\nmanufacture, bottle and sell fruit juice, fruit jellies and fruit\npreserves, tonics, salad dressings and unpotable wine sauces on and from\nthe licensed premises.\n (b) Such license shall authorize the holder thereof to store and sell\ngift items in a tax-paid room upon the licensed premises incidental to\nthe sale of wine. These gift items shall be limited to the following\ncategories:\n (1) Non-alcoholic beverages for consumption on or off premises,\nincluding but not limited to bottled water, juice and soda beverages.\n (2) Food items for the purpose of complimenting wine tastings, shall\nmean a diversified selection of food which is ordinarily consumed\nwithout the use of tableware and can conveniently be consumed while\nstanding or walking. Such food items shall include but not be limited\nto: cheeses, fruits, vegetables, chocolates, breads and crackers.\n (3) Food items, which shall include locally produced farm products and\nany food or food product not specifically prepared for immediate\nconsumption upon the premises. Such food items may be combined into a\npackage containing wine or a wine product.\n (4) Wine supplies and accessories, which shall include any item\nutilized for the storage, serving or consumption of wine or for\ndecorative purposes. These supplies may be sold as single items or may\nbe combined into a package containing wine or a wine product.\n (5) Souvenir items, which shall include, but not be limited to\nartwork, crafts, clothing, agricultural products and any other articles\nwhich can be construed to propagate tourism within the region.\n (6) New York state labelled wine or liquors produced or manufactured\nby any other New York state winery or farm winery licensee or by the\nholder of any distiller's license. Such wine or liquors may be purchased\noutright by the licensee from a New York winery or farm winery licensee\nor the holder of any distiller's license or obtained on a consignment\nbasis pursuant to a written agreement between the selling and purchasing\nlicensee.\n (7) Wine-making equipment and supplies including, but not limited to,\ngrapes, grape juice, grape must, home wine-making kits, presses, pumps,\nbottling equipment, filters, yeasts, chemicals and other wine additives,\nwine storage or fermenting vessels, barrels, and books or other written\nmaterial to assist wine-makers and home wine-makers to produce and\nbottle wine.\n (c) The authority is hereby authorized to promulgate rules and\nregulations to effectuate the purposes of this subdivision.\n (d) A licensed farm winery may engage in any other business on the\nlicensed premises subject to such rules and regulations as the liquor\nauthority may prescribe. In prescribing such rules and regulations, the\nliquor authority shall promote the expansion and profitability of wine\nproduction and of tourism in New York, thereby promoting the\nconservation, production and enhancement of New York state agricultural\nlands. Further, such rules and regulations shall determine which\nbusinesses will be compatible with the policy and purposes of this\nchapter and shall consider the effect of particular businesses on the\ncommunity and area in the vicinity of the farm winery licensee.\n (e) Notwithstanding any provision of this chapter to the contrary, any\nfarm winery licensee may charge:\n (i) For tours of its premises; and\n (ii) For any wine tastings.\n 5. (a) Except as provided in paragraph (b) of this subdivision, no\nlicensed farm winery shall manufacture or sell any wine not produced\nexclusively from grapes or other fruits or agricultural products grown\nor produced in New York state.\n (b) In the event that the commissioner of agriculture and markets,\nafter investigating and compiling information pursuant to subdivision\nforty-two of section sixteen of the agriculture and markets law,\ndetermines that a natural disaster, act of God, or continued adverse\nweather condition has destroyed no less than forty percent of a specific\ngrape varietal grown or produced in New York state and used for\nwinemaking, the commissioner, in consultation with the chairman of the\nstate liquor authority, may give authorization to a duly licensed farm\nwinery to manufacture or sell wine produced from grapes grown outside\nthis state. No such authorization shall be granted to a farm winery\nlicensee unless such licensee certifies to the commissioner the quantity\nof New York grown grapes unavailable to such licensee due to such\nnatural disaster, act of God or continuing adverse weather condition and\nsatisfies the commissioner that reasonable efforts were made to obtain\ngrapes from a New York state source for such wine making purpose. No\nfarm winery shall utilize an amount of out-of-state grown grapes or\njuice exceeding the amount of New York grown grapes that such winery is\nunable to obtain due to the destruction of New York grown grapes by a\nnatural disaster, act of God or continuing adverse weather condition as\ndetermined by the commissioner of agriculture and markets pursuant to\nthis subdivision. For purposes of this subdivision, the department of\nagriculture and markets and the state liquor authority are authorized to\nadopt rules and regulations as they may deem necessary to carry out the\nprovisions of this subdivision which shall include ensuring that in\nmanufacturing wine farm wineries utilize grapes grown or produced in New\nYork state to the extent they are reasonably available, prior to\nutilizing grapes or juice from an out-of-state source for such purpose.\n (c) The commissioner of agriculture and markets shall make available\nto farm wineries and to the public each specific grape varietal loss\ndetermination issued pursuant to paragraph (b) of this subdivision on or\nbefore August twentieth of each year.\n (d) In the event that the continuing effects of a natural disaster,\nact of God, or adverse weather condition which occurred prior to August\ntwentieth of each year or the effects of a natural disaster, act of God,\nor adverse weather condition which occurs subsequent to August twentieth\neach year results in any grape varietal loss which meets the standards\nprovided in paragraph (b) of this subdivision, the commissioner of\nagriculture and markets, in consultation shall with the chairman of the\nstate liquor authority, may issue additional grape varietal loss\ndeterminations and shall expeditiously make available to farm wineries\nand to the public each specific grape varietal loss determination issued\npursuant to this paragraph prior to October tenth of each year.\n 6. (a) Except as provided in paragraph (b) of this subdivision, no\nlicensed farm winery shall manufacture or sell any cider other than New\nYork state labeled cider.\n (b) In the event that the commissioner of agriculture and markets,\nafter investigating and compiling information pursuant to subdivision\nforty-two of section sixteen of the agriculture and markets law,\ndetermines that a natural disaster, act of God, or continued adverse\nweather condition has destroyed at least thirty percent of the apple\ncrop necessary for producing cider, the commissioner of agriculture and\nmarkets, in consultation with the chairman of the authority, may give\nauthorization to a duly licensed farm winery to manufacture or sell\ncider produced from such apples designated as necessary for producing\ncider and grown outside this state. No such authorization shall be\ngranted to a farm winery licensee unless such licensee certifies to the\ncommissioner of agriculture and markets the quantity of such New York\nstate apples designated as necessary for producing cider unavailable to\nsuch licensee due to such natural disaster, act of God, or continuing\nadverse weather condition and satisfies the commissioner of agriculture\nand markets that reasonable efforts were made to obtain such apples from\na New York state source for such cider making purpose. No farm winery\nshall utilize an amount of out-of-state grown apples exceeding the\namount of such designated New York grown apples that such cidery is\nunable to obtain due to the destruction of New York grown apples by a\nnatural disaster, act of God, or continuing adverse weather condition as\ndetermined by the commissioner of agriculture and markets pursuant to\nthis subdivision. For purposes of this subdivision, the department of\nagriculture and markets and the authority are authorized to adopt rules\nand regulations as they may deem necessary to carry out the provisions\nof this subdivision which shall include ensuring that in manufacturing\ncider farm cideries utilize apples grown in New York state to the extent\nthey are reasonably available, prior to utilizing apples from an\nout-of-state source for such purpose.\n (c) The commissioner of agriculture and markets shall make available\nto farm wineries and to the public each specific apple loss\ndetermination issued pursuant to paragraph (b) of this subdivision on or\nafter August twentieth of each year.\n (d) In the event that the continuing effects of a natural disaster,\nact of God, or adverse weather condition which occurred prior to August\ntwentieth of each year or the effects of a natural disaster, act of God,\nor adverse weather condition which occurs subsequent to August twentieth\nof each year results in any apple crop loss which meets the standards\nprovided in paragraph (b) of this subdivision, the commissioner of\nagriculture and markets, in consultation with the chairman of the\nauthority, may issue additional apple crop loss determinations and shall\nexpeditiously make available to farm wineries and to the public the loss\ndetermination issued pursuant to this paragraph prior to October tenth\nof each year.\n 7. Notwithstanding any other provision of this chapter, a farm winery\nlicense shall authorize the holder thereof to:\n (a) Offer for sale or solicit any order in the state for the sale of\nany New York state labelled wine manufactured by the licensee or any\nother winery or farm winery licensed pursuant to this article.\n (b) Engage as a broker in the purchase and sale of New York state\nlabelled wines for a fee or commission for or on behalf of any winery or\nfarm winery licensed pursuant to this article.\n (c) Maintain a warehouse on the premises pursuant to section\nninety-six of this chapter for the warehousing of any New York state\nlabelled wines manufactured by any winery or farm winery licensed\npursuant to this article. Any winery or farm winery that maintains such\na warehouse must comply with the provisions of section ninety-six of\nthis chapter.\n (d) Deliver or transport any New York state labelled wine manufactured\nor produced by the licensee or any other winery or farm winery licensed\npursuant to this article in any vehicle owned, leased or hired by the\nlicensee. The New York state labelled wine can be delivered, transported\nor sold by the licensee to any holder of: (i) a winery or farm winery\nlicense, (ii) a license to sell alcoholic beverages for consumption on\nthe premises, (iii) a license to sell alcoholic beverages for\nconsumption off the premises, (iv) or any person that can receive or\npurchase wine from a farm winery. The licensee is not required to obtain\nfrom the liquor authority a trucking permit or pay any fees pursuant to\nsection ninety-four of this chapter.\n (e) Sell for consumption off the premises New York state labelled\nliquors manufactured by the holder of a class A-1, B-1, or C distiller's\nlicense.\n 8. The holder of a license issued under this section may operate up to\nfive branch offices located away from the licensed farm winery. Such\nlocations, although not required to be on a farm, shall be considered\npart of the licensed premises and all activities allowed at and limited\nto the farm winery may be conducted at the branch offices. Such branch\noffices shall not be located within, share a common entrance and exit\nwith, or have any interior access to any other business, including\npremises licensed to sell alcoholic beverages at retail. Prior to\ncommencing operation of any such branch office, the licensee shall\nnotify the authority of the location of such branch office and the\nauthority may issue a permit for the operation of same. Such branch\noffices shall not be subject to the provisions of subdivision two, three\nor four of section seventy-nine of this article or the provisions of\nsubdivisions two and three, and paragraphs (b) and (c) of subdivision\nten of section one hundred five of this chapter.\n 9. (a) No licensed farm winery shall manufacture in excess of two\nhundred fifty thousand finished gallons of wine, cider, and mead\nannually.\n (b) Any person licensed under this section shall manufacture at least\nfifty gallons of wine, cider, and mead per year.\n 10. Notwithstanding any other provision of law to the contrary, a farm\nwinery licensed pursuant to this section may engage in custom production\nallowing individuals to assist in the production of New York state\nlabeled wine, cider and mead for sale for personal or family use,\nprovided, however, that (a) the wine, cider and mead must be purchased\nby the individual assisting in the production of such wine, cider or\nmead; and (b) the owner, employee or agent of such winery shall be\npresent at all times during such production.\n 11. Notwithstanding any other provision of this chapter, a farm winery\nlicense shall authorize the holder thereof to sell wines manufactured or\nproduced by such licensee to a roadside farm market pursuant to section\nseventy-six-f of this article.\n 12. Notwithstanding any provision of law to the contrary, another\nbusiness or other businesses may operate on the licensed premises\nsubject to such rules and regulations as the liquor authority may\nprescribe. Such rules and regulations shall determine which businesses\nwill be compatible with the policy and purposes of this chapter and\nshall consider the effect of particular businesses on the community and\narea in the vicinity of the farm winery premises, provided however that\na retail business licensed under this chapter shall not be permitted to\noperate at a licensed manufacturing premises.\n