§ 76 — Winery license

§ 76. Winery license. 1. Any person may apply to the liquor authority\nfor a winery license as provided for in this article. Such application\nshall be in writing and verified and shall contain such information as\nthe liquor authority shall require. Such application 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 it\nshall issue a license in such form as shall be determined by its rules.\n 2. A winery license shall authorize the holder thereof:\n (a) to operate a winery for the manufacture of wine and mead at the\npremises specifically designated in the license;\n (b) to receive and possess wine and mead from other states consigned\nto a United States government bonded winery, warehouse or storeroom\nlocated within the state;\n (c) to sell in bulk from the licensed premises the products\nmanufactured under such license and wine and mead received by such\nlicensee from any other state to any winery licensee, or meadery license\nany distiller licensee or to a permittee engaged in the manufacture of\nproducts which are unfit for beverage use and to sell or deliver such\nwine or mead to persons outside the state pursuant to the laws of the\nplace of such sale or delivery;\n (d) to sell from the licensed premises to a licensed wholesaler or\nretailer, or to a corporation operating railroad cars or aircraft for\nconsumption on such carriers, wine and mead manufactured or received by\nthe licensee as above set forth in the original sealed containers of not\nmore than fifteen gallons each and to sell or deliver such wine and mead\nto persons outside the state pursuant to the laws of the place of such\nsale or delivery. All wine and mead sold by such licensee shall be\nsecurely sealed and have attached thereto a label setting forth such\ninformation as shall be required by this chapter;\n (e) to sell from the licensed premises to licensed farm wineries, farm\ncideries, farm distilleries and farm breweries New York state labelled\nwine manufactured by the licensee in the original sealed containers of\nnot more than fifteen gallons each; and\n (f) to operate, or use the services of, a custom crush facility as\ndefined in subdivision nine-a of section three of this chapter.\n 3. (a) Any person having applied for and received a license as a\nwinery under this section may conduct wine tastings of New York state\nlabelled wines in establishments licensed under sections sixty-three and\nseventy-nine of this chapter to sell wine for off-premises consumption.\nSuch winery may charge a fee for each wine sample tasted. The state\nliquor authority shall promulgate rules and regulations regarding such\ntastings as provided for in this subdivision.\n (a-1) Any person having applied for and received a license as a winery\nunder this section may conduct wine tastings of New York state labelled\nwines and apply to the liquor authority for a permit to sell wine\nproduced by such winery by the bottle, during such tastings in\nestablishments licensed under section sixty-four, section sixty-four-a,\nsection eighty-one or section eighty-one-a of this chapter to sell wine\nfor consumption on the premises. Such winery may charge a fee of no more\nthan twenty-five cents for each wine sample tasted. The state liquor\nauthority shall promulgate rules and regulations regarding such tastings\nas provided for in this subdivision.\n (b) 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 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 winery licensee.\n (c)(i) Any person having applied for and received a license as a\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 winery to participate in outdoor or indoor\ngatherings, functions, occasions or events sponsored by a charitable\norganization. The winery must give the authority written or electronic\nnotice of the date, time and specific location of each tasting at least\nfifteen days prior to the tasting. A winery that obtains a permit to\nconduct such wine tastings does not need to apply for or obtain a\ntemporary beer or wine permit pursuant to section ninety-seven of this\nchapter or any other permit to conduct such a tasting or to sell wine by\nthe bottle for off-premises consumption at such tastings.\n (iii) Such winery may charge a fee for each wine sample tasted.\nTastings shall be conducted by an official agent, representative or\nsolicitor of such winery. The state liquor authority may promulgate\nrules and regulations regarding such tastings as provided for in this\nsubdivision.\n 4. A licensed winery may at the licensed premises, conduct tastings\nof, and sell at retail for consumption on or off the licensed premises,\nany wine or wine product manufactured by the licensee or any New York\nstate labeled wine or New York state labeled wine product or any New\nYork state labeled cider. Provided, however, for tastings and sales for\non-premises consumption, the licensee shall regularly keep food\navailable for sale or service to its retail customers for consumption on\nthe premises. A licensee providing the following shall be deemed in\ncompliance with this provision: (i) sandwiches, soups or other such\nfoods, whether fresh, processed, pre-cooked or frozen; and/or (ii) food\nitems intended to complement the tasting of alcoholic beverages, which\nshall mean a diversified selection of food that is ordinarily consumed\nwithout the use of tableware and can be conveniently consumed while\nstanding or walking, including but not limited to: cheeses, fruits,\nvegetables, chocolates, breads, mustards and crackers. All of the\nprovisions of this chapter relative to licenses to sell wine at retail\nfor consumption on or off the premises shall apply so far as applicable\nto such licensee.\n 4-a. A licensed winery may operate a restaurant, hotel, catering\nestablishment, or other food and drinking establishment in or adjacent\nto the licensed premises and sell at such place, at retail for\nconsumption on the premises, wine, mead and wine products manufactured\nby the licensee and any New York state labeled wine, mead or New York\nstate labeled wine product. All of the provisions of this chapter\nrelative to licenses to sell wine at retail for consumption on the\npremises shall apply so far as applicable to such licensee.\nNotwithstanding any other provision of law, the licensed winery may\napply to the authority for a license under article four of this chapter\nto sell other alcoholic beverages at retail for consumption on the\npremises at such establishment.\n 5. Notwithstanding any provision of this chapter to the contrary, any\none or more winery licensees, singly or jointly, may apply to the liquor\nauthority for a license or licenses to sell wine at retail for\nconsumption off the premises. For licensees applying singly, the\nduration of such license shall be coextensive with the duration of such\nlicensee's winery license, and the fee therefor shall be five hundred\ndollars if such retail premises is located in cities having a population\nof one million or more; in cities having less than one million\npopulation and more than one hundred thousand, two hundred fifty\ndollars; and elsewhere, the sum of one hundred twenty-five dollars. Such\nlicense shall entitle the holder thereof to sell at retail for\nconsumption off the premises any New York state labelled wine. Such\nlicense shall also entitle the holder thereof to conduct wine tastings.\nSuch license shall also authorize the sale by the holder thereof of New\nYork state labelled wine, in sealed containers for off-premises\nconsumption, from the specially licensed premises of any person licensed\npursuant to section eighty-one-a of this article to sell wine at retail\nfor consumption on premises in which the principal business is the\noperation of a legitimate theater or such other lawful adult\nentertainment or recreational facility as the liquor authority may\nclassify for eligibility pursuant to subdivision six of section\nsixty-four-a of this chapter. Not more than five such licenses shall be\nissued, either singly or jointly, to any licensed winery. All other\nprovisions of this chapter relative to licenses to sell wine at retail\nfor consumption off the premises shall apply so far as applicable to\nsuch application. The liquor authority is hereby authorized to adopt\nsuch rules as it may deem necessary to carry out the purpose of this\nsubdivision, provided that all licenses issued pursuant to this\nsubdivision shall be subject to the same rules and regulations as are\napplicable to the sale of wine at retail for consumption off the\npremises of the winery licensee.\n 6. Any winery licensed pursuant to this section is authorized to\nengage in what is commonly known as wine by wire services whereby a\nwinery within the state may make deliveries on behalf of other wineries\nwithin the state.\n 7. Notwithstanding any provision of this chapter to the contrary, a\nlicensed winery may apply to the liquor authority for a permit to sell\nNew York state labelled wine, by the bottle, at the state fair, at\nrecognized county fairs and at farmers markets operated on a\nnot-for-profit basis. As a condition of the permit, an agent,\nrepresentative, or solicitor from the winery must be present at the time\nof sale.\n 8. Any winery may sell or deliver such wine produced by the winery to\npersons outside the state pursuant to the laws of the place of such sale\nor delivery.\n 10. Notwithstanding any provision of this chapter to the contrary, and\nupon payment to the liquor authority of an additional annual fee of one\nhundred twenty-five dollars, the liquor authority may in its discretion\nand upon such terms and conditions as it may prescribe, issue to a\nlicensed winery upon application therefor a certificate authorizing such\nwinery to sell wine at retail in sealed containers to a regularly\norganized church, synagogue or religious organization for sacramental\npurposes.\n 11. (a) A licensed winery may manufacture, bottle and sell fruit\njuice, fruit jellies and fruit preserves, tonics, salad dressings and\nunpotable wine sauces on and from 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. These gift\nitems shall be limited to the following categories:\n (i) Non-alcoholic beverages for consumption on or off premises,\nincluding but not limited to bottled water, juice and soda beverages.\n (ii) Food items for the purpose of complementing wine tasting 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 (iii) Food items, which shall include locally produced farm products\nand any 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 wine product.\n (iv) 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 (v) 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 (vi) New York state labelled wine produced or manufactured by any\nother New York state winery or farm winery licensee. Such wine may be\npurchased outright by the licensee from a New York winery or farm winery\nlicensee or obtained on a consignment basis pursuant to a written\nagreement between the selling and purchasing licensee.\n (c) Notwithstanding any provision of this chapter to the contrary, any\nwinery licensee may charge:\n (i) For tours of its premises; and\n (ii) For any wine tastings.\n (d) Wine grape growers or wine producer organizations or associations,\nincorporated within the state for the purpose of wine or wine grape\npromotion may hold wine tastings for purposes of education in the\nproduction and proper use of wine products under the same rules applying\nto winery licensees.\n (e) The authority is hereby authorized to promulgate rules and\nregulations to effectuate the purposes of this subdivision.\n (f) A licensed winery may engage in any other business on the licensed\npremises subject to such rules and regulations as the liquor authority\nmay prescribe. In prescribing such rules and regulations, the liquor\nauthority 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 winery licensee.\n 12. A licensed winery shall be permitted to remain open for the\npurposes of selling its products, in accordance with the provisions of\nsubdivisions two and four of this section, and/or conducting wine\ntasting at the winery, and/or conducting public tours of its winery\nand/or to sell New York state labelled wine, by the bottle, at the state\nfair, at recognized county fairs and at farmers markets operated on a\nnot-for-profit basis in accordance with the provisions of this section\non Sunday between the hours of ten o'clock in the morning and midnight.\nThe authority is hereby authorized to promulgate rules and regulations\nto effectuate the purposes of this subdivision.\n 13. Notwithstanding any other provision of law to the contrary, a\nwinery licensed pursuant to this section may engage in custom wine\nproduction allowing individuals to assist in the production of wine or\nmead for sale for personal or family use, provided, however, that (a)\nthe wine or mead must be purchased by the individual assisting in the\nproduction of such wine or mead; and (b) the owner, employee or agent of\nsuch winery shall be present at all times during such production.\n 14. Any person licensed under this section shall manufacture at least\nfifty gallons of wine and/or mead per year.\n