This text of New York § 76-E (Special provisions relating to wineries and farm wineries holding a distiller's license) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 76-e. Special provisions relating to wineries and farm wineries\nholding a distiller's license.
1.Any person who holds a winery license\npursuant to section seventy-six of this article or a farm winery license\npursuant to section seventy-six-a of this article and, in addition to\nsuch license, holds a distiller's license pursuant to section sixty-one\nof this chapter, and who conducts wine tastings pursuant to the\nprovisions of such sections seventy-six and seventy-six-a of this\narticle, shall be authorized to conduct tastings of brandy manufactured\nby such licensed winery or licensed farm winery, at such wine tastings.\n 2. All consumer tastings of brandy shall be conducted subject to the\nfollowing limitations:\n (a) Tastings of brandy shall be conducted by an official agent o
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§ 76-e. Special provisions relating to wineries and farm wineries\nholding a distiller's license. 1. Any person who holds a winery license\npursuant to section seventy-six of this article or a farm winery license\npursuant to section seventy-six-a of this article and, in addition to\nsuch license, holds a distiller's license pursuant to section sixty-one\nof this chapter, and who conducts wine tastings pursuant to the\nprovisions of such sections seventy-six and seventy-six-a of this\narticle, shall be authorized to conduct tastings of brandy manufactured\nby such licensed winery or licensed farm winery, at such wine tastings.\n 2. All consumer tastings of brandy shall be conducted subject to the\nfollowing limitations:\n (a) Tastings of brandy shall be conducted by an official agent of one\nor more persons licensed pursuant to section sixty-one of this chapter.\nSuch agent shall be physically present upon the premises at all times\nduring the conducting of the consumer tasting of brandy.\n (b) No such person or persons licensed pursuant to section sixty-one\nof this chapter, and no official agent thereof, may provide, directly or\nindirectly: (i) more than a total of three samples of brandy for tasting\nto a person in one calendar day; or (ii) a sample of brandy for tasting\nequal to more than one-quarter fluid ounce.\n (c) Any liability stemming from a right of action resulting from a\nconsumer tasting of brandy authorized by this section and in accordance\nwith the provisions of sections 11-100 and 11-101 of the general\nobligations law, shall accrue to the persons licensed pursuant to\nsection sixty-one of this chapter, who conducted such tasting.\n 3. The state liquor authority shall promulgate rules and regulations\nregarding brandy tastings as provided for in this section.\n 4. Any person who holds a winery license pursuant to section\nseventy-six of this article or a farm winery license pursuant to section\nseventy-six-a of this article, and who is authorized to sell wine for\nconsumption off the premises pursuant to the provisions of such sections\nseventy-six and seventy-six-a of this article, shall be authorized to\nsell brandy manufactured by such licensed winery or licensed farm winery\nfor consumption off the premises. Such sale of brandy for consumption\noff the premises shall only occur at the licensed winery or farm winery\nand not at any other off-premises locations licensed to the winery or\nfarm winery, pursuant to subdivision four of section seventy-six of this\narticle. The sale of brandy at a winery or farm winery shall also be\nsubjected to the same hours of operation as set forth for the sale of\nwine at a winery or farm winery. The authority shall promulgate rules\nand regulations for the sale of brandy at wineries or farm wineries for\noff-premises consumption.\n