§ 77 — Custom winemakers' center

§ 77. Custom winemakers' center. 1. Any person may apply to the\nauthority on or before December thirty-first, two thousand nineteen for\na custom winemakers' center license as provided for in this section to\noperate a custom winemakers' center facility and provide individuals\nwith rental space, the use of equipment and storage facilities, and/or\nfruit for the production of wine by such individuals for personal\nhousehold use and not for resale in accordance with state and federal\nlaws, rules, and regulations authorizing such production. Such\napplication shall be in writing and verified and shall contain such\ninformation as the authority shall require, provided, however, the\nholder of such license under this section may renew such license on or\nafter December thirty-first, two thousand nineteen. Such application\nshall be accompanied by a check or draft for the amount required by this\narticle for such license. If the authority grants the application, it\nshall issue a license in such form as shall be determined by its rules.\nSuch license shall contain a description of the licensed premises and in\nform and in substance shall be a license to the person therein\nspecifically designated to operate such center to manufacture wine for\npersonal household use in the premises therein specifically licensed.\n 2. For the purposes of this section, "fruit" shall mean grapes, other\nfruits, fruit juices, and other agricultural products including, but not\nlimited to, honey and flowers, that are grown or produced in the state\nof New York.\n 3. A custom winemakers' center license shall authorize the holder\nthereof to operate a facility for individuals to rent space, equipment,\nand storage facilities and, if necessary, to purchase fruit to\nmanufacture wine for personal household use provided that the\nmanufacture and production of wine for personal household consumption\nand use is done in accordance with state and federal laws and\nregulations. Such a license shall also authorize the licensee, provided\nsuch activities are permitted by the federal Alcohol and Tobacco Tax and\nTrade Bureau for the manufacture of tax exempt wine for personal\nhousehold use, to:\n (a) conduct training classes on how to manufacture wine; and\n (b) conduct wine tastings for those individuals taking such classes\nand/or using such facilities for the production of wine at the licensed\nfacility provided that the tastings shall be subject to the following\nlimitations:\n (i) tastings shall be conducted by the licensee or by an official\nagent of the licensee. Such licensee or agent shall be physically\npresent at all times during the conduct of the tastings; and\n (ii) any liability stemming from a right of action resulting from a\ntasting of wine as authorized herein and in accordance with the\nprovisions of sections 11-100 and 11-101 of the general obligations law,\nshall accrue to such center.\n 4. The custom winemakers' center licensee shall be subject to the\nsupervision of the authority to ensure that the licensee and the\nindividuals utilizing such center are in compliance with the provisions\nof this chapter, state laws, rules, and regulations, and the laws,\nrules, and regulations of the federal Alcohol and Tobacco Tax and Trade\nBureau.\n 5. The licensee or an official agent of the licensee shall be\nphysically present at all times during the facility's hours of\noperations.\n 6. The annual aggregate production of wine at any such center for all\nindividuals making wine at such premises, pursuant to a custom\nwinemakers' center license, shall not exceed the production limits set\nforth by the authority that are commensurate with a non-commercial\nproduction facility. Provided that such aggregate production limit shall\nnot be offset by wine produced at such facility under a winery's license\nor farm winery license.\n 7. Notwithstanding any other provision of this chapter, the authority\nmay issue a custom winemakers' center license to the holder of a farm\nwinery or winery license for use at such licensee's existing licensed\npremises.\n 8. The authority is hereby authorized to promulgate rules and\nregulations to effectuate the purposes of this section.\n 9. The licensee must maintain a record of the name, address, and\ncontact information of the individual or individuals that have used such\nfacility and the annual amount of wine produced by each individual at\nthe facility pursuant to the rules of the authority.\n