§ 76-F — Roadside farm market license

§ 76-f. Roadside farm market license. 1. Any person owning or\noperating a roadside farm market may apply to the liquor authority for a\nroadside farm market license to sell wine pursuant to this section. Such\napplication shall be in writing and verified, and shall contain such\ninformation as the liquor authority shall require and shall be\naccompanied by a check or draft for the amount required by this article\nfor such license. If the liquor authority shall grant the application,\nit shall issue a license in such form as shall be determined by its\nrules, and the license shall remain in effect for one year.\n 2. For the purposes of this section, the term "roadside farm market"\nmeans a building or structure located on a farm operation, as defined in\nsubdivision eleven of section three hundred one of the agriculture and\nmarkets law, except for a commercial horse boarding operation, in which\nNew York agricultural products are primarily sold by producers, growers\nor farmers of such agricultural products to the general public, and the\nterm "New York agricultural product" means any agricultural or\naquacultural product of the soil or water that has been grown, harvested\nor produced within the state, including but not limited to fruits,\nvegetables, eggs, dairy products, meat and meat products, poultry and\npoultry products, fish and fish products, grain and grain products,\nhoney, nuts, preserves, maple sap products, apple cider, fruit juice,\nand Christmas trees.\n 3. A roadside farm market license shall authorize the holder thereof\nto sell wine manufactured or produced by up to two duly licensed farm or\nspecial wineries or micro-wineries that are located within twenty miles\nof the roadside farm market by the bottle for off-premises consumption;\nprovided that such market's owner, operator or representative shall be\npresent at all times during which wine is being offered for sale. Such\nmarket shall be deemed to possess a warehouse permit and be permitted to\nwarehouse up to twenty cases of wine; provided that such market shall\nabide by all rules and regulations promulgated pursuant to section\nninety-six of this chapter and any other rules and regulations\npromulgated by the liquor authority to implement the provisions of this\nsection to ensure that wine stored or kept by such market is segregated\nand kept in a safe and secure location when such market is closed for\nbusiness.\n 4. The sale of wine pursuant to this section shall occur only within\nthe hours fixed by or pursuant to subdivision fourteen of section one\nhundred five of this chapter. Notwithstanding the provisions of section\neighty of this article or any other provision of law, no wine tastings\nshall be conducted at a roadside farm market that sells wine for\noff-premises consumption pursuant to the provisions of this section.\n 5. The liquor authority, in consultation with the department of\nagriculture and markets, shall promulgate any rules and regulations\nnecessary to implement the provisions of this section.\n