senate Bill S1980

Amended

Provides for the operation of home wine makers centers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 12 / Feb / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1423
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 14 / Jan / 2014
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 14 / Jan / 2014
    • PRINT NUMBER 1980A
  • 28 / Jan / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / May / 2014
    • 1ST REPORT CAL.716
  • 14 / May / 2014
    • AMENDED (T) 1980B
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • REFERRED TO AGRICULTURE

Summary

Authorizes the operation of home wine makers centers under the jurisdiction of the state liquor authority; defines such centers as places where individuals pay a fee to use space and equipment for the purpose of making wine for personal household use and not for resale; authorizes wineries and farm wineries to operate such a business.

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Bill Details

See Assembly Version of this Bill:
A1959
Versions:
S1980
S1980A
S1980B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §251-z-2, ren §251-z-13 to be §251-z-14, add §251-z-13, Ag & Mkts L; amd §§76, 76-a & 83, ABC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4533A, A7971A
2009-2010: S3495, A2303, S3495
2007-2008: A10415B

Sponsor Memo

BILL NUMBER:S1980

TITLE OF BILL: An act to amend the agriculture and markets law and the
alcoholic beverage control law, in relation to providing that food proc-
essing establishments shall include the operation of home wine makers
centers

PURPOSE: The purpose of this bill is to create a regulatory mechanism
so that home wine maker centers can be established in this State as they
have been established in many other wine producing states such as Cali-
fornia, Washington, and Oregon. This bill will facilitate the ability of
home wine makers to pool their resources and share equipment and storage
facilities to produce quality wine for home consumption as is currently
allowed for under federal regulations. The amendments to this "B" print
are suggested language changes provided by the Federal Alcohol and
Tobacco Tax and Trade Bureau (TTB) to ensure that this state bill
complies with Federal Law.

SUMMARY OF PROVISIONS:

Section 1: Amends Agriculture and Markets Law section 251-z-2 to add to
the definition of "food processing establishment" all licensed "home
wine making centers" (centers). These licensed Centers will allow home
wine makers to work independently from other home wine makers in the
same facility so that they can make their own wines for home consumption
as is permitted under federal law. (see 27 CFR 24.75 and
www.ttb,gov/wine/faa.shtml (at W-A)).

Section 2: Adds a new Agriculture and Markets Law section 251-z-13 to
establish the conditions that a licensed home wine makers center
(Center) must satisfy to be licensed in this State and to satisfy feder-
al law with regards to the production of wines for home consumption and
not for resale.

As per federal law and its rules and regulations, this section outlines
what participating home wine makers must do to produce home made wines
at these Centers and continue to satisfy federal law to remain exempt
from the regulation of the Alcohol and Tobacco Tax and Trade
Bureau(TTB). The TTB issues federal licenses for the production of
commercial wine that may be sold to the general public, but does not
license home wine making centers because the production of such wines is
exempt by federal law and its rules and regulations. (see 27 CFR 24,75
and www.ttb.gov/wine/faq. (at W-4)).

This section also specifies what Centers and their employees may do and
may not do to assist participating home wine makers who are making tax
exempt wines at licensed Centers for home consumption and not for sale.
These are the same standards articulated by the TTB to satisfy federal
requirement to establish such Centers. (see www/ttb.gov/wine/fag (at
w-4)).

This section authorizes such Centers to be established as free standing
tax exempt (non-bonded) wine production facility for home wine makers.
Further, this law permits wineries and farm wineries to obtain a license
to operate a Center on the same premises or a premises adjacent to a
winery as long as the state Liquor Authority consents to the issuance of
such a license, The SLA must consent to a winery application if all TTB
criteria have been satisfied.

The law is very clear that the Center and winery may share equipment and
be in the same building, but that wine produced at a commercial winery
must always remain segregated from wine made for home consumption and
stored in separate storage rooms. The law conforms to the standards
established by federal law to establish a Center on the same or adjacent
premises to a commercial winery as long as the wine is not commingled
nor made and stored in the same storage room or part of the bonded
winery. Home made wines, at no time, may enter the bonded portion of a
winery building.

Section 3: Amends Alcoholic Beverage Control Law section 76 to authorize
a winery to also operate on the same or adjacent premises a licensed
Center as long as the criteria established in this law and federal law &
rules and regulations are adhered to so that commercial and home made
wines always remain segregated.

Section 4: Amends Alcoholic Beverage control Law section 76-a to author-
ize a farm winery to also operate on the same or adjacent premises a
licensed Center as long as the criteria established in this law and
federal law & rules and regulations are adhered to so that commercial
and home made wines always remain segregated.

Section 5: Amends section 83 of the Alcoholic Beverage Control Law to
requires the fee for a written consent letter authorizing a winery or
farm winery to operate a home wine makers center to be $125.

EXISTING LAW: Federal law permits Centers to be established without the
issuance of a federal TTB winery license because such activities are
deemed to be home wine making activities which are exempt for federal
wine licensing and registration requirements and taxation. Many states
have adopted laws to allow for such Centers to be established. Under
federal regulations, New York must adopt a law to authorize these
Centers for them to be allowed to exist in this state. Many wine-making
states, including California, Washington, and Oregon have adopted simi-
lar laws to permit the establishment of Centers in their own states.

JUSTIFICATION: One way to encourage expansion of the grape growing and
other fruit growing industries in this State is to increase the demand
for locally grown grapes. Establishing Home Wine Makers Centers
(Centers) is one way to increase the demand for locally grown fruits.
This idea came from apple and grape farmers who wanted to establish such
a Center on their farm so that they could increase the sales of their
apple and grape crops. In addition, income could be derived from the

sale of wine making supplies and leasing storage space for the making of
home made wines.

This bill facilitates the production of home made wines. It encourages
production of home made wines by allowing many home wine makers to oper-
ate in a licensed facility where they can share wine making equipment,
such as wine Presses, pumps, filters, storage and bottling facilities,
and laboratory facilities. This lowers the overhead costs for home wine
making production.

In addition, Center employees can give advice on the proper techniques
to make wine so that wine quality increases.

Lowering the overhead costs to produce wine, supplying a place in which
it is easy to make, store, and bottle, and making such wine in a place
that has experts to obtain advice from to produce superior wines should
all help to make it easier for home wine makers to make quality wines
for home consumption. This, in turn, should increase the amount of home
made wines produced by this State's residents and increase the demand
for locally grown grapes.

Further, by encouraging home wine makers to use local grapes, this may
increase the demand for and sales of New York's commercially produced
wines because they use the same grape varieties as these home wine
makers will use. New York produces many quality wines from un-California
like grape varieties that are not commonly consumed by the wine drinking
public (i.e. French-hybrid and lubrusca grape varieties). Encouraging
local home wine makers to use French-hybrid and lubrusca grapes can get
such vintners (who generally consume on average more commercial wine
than the general public) to become accustomed to these grape varieties
and thereby increase the sale of commercially produced wines from
French-hybrid and lubrusca grape varieties.

It is hoped that by increasing the number of home wine makers, this will
increase the "talent pool" of wine makers available for employment in
commercial wineries. Many home wine makers have "graduated" to working
either full-time or part-time in already established commercial winer-
ies. Further, some have even gone on to establish their own commercial
wineries to produce wines for commercial sale. It is important for the
New York wine industry to increase the overall skill and depth of the
number of wine makers available for use in this growing industry.
Encouraging the growth of New York's wine industry will, in turn,
increase the demand for New York state produced grapes and other fruits.

Another benefit of this bill is to authorize farms, wineries, farm
wineries and micro-wineries to establish ancillary businesses on the
same premises or premises adjacent to a farm or a winery to increase
their overall profit margin. By enacting this bill into law, wineries
could increase the utilization of their otherwise idle wine making
equipment, increase sales of grapes that they grow or are grown by farm-
ers associated with the winery, but are not being utilized by their

commercial winery operation, and renting out underutilized space within
their wineries to home wine makers.

For farmers without a winery, a Center could be established on such a
farm. The benefit of such a Center to a farm operation is that the grow-
er could more effectively market the sale of their agricultural produce
to home wine makers at higher retail prices instead of lower wholesale
or bulk prices.

The trend in New York's agricultural industry is that the more success-
ful farms and agri-businesses are not concentrating in growing just one
crop or operating one business, but diversifying their operations to
increase overall revenue generation and to sell their produce at retail
as opposed to wholesale prices.

LEGISLATIVE HISTORY: S.7246B/A.10415B of 2008- Passed Senate
S.3495/A.2303 of 2009- Referred to Agriculture S.4533-A/A.7971-A -
Passed Senate

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 1, in the year succeeding the year this law
shall become effective.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1980

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the alcoholic bever-
  age control law, in relation to providing that food processing  estab-
  lishments shall include the operation of home wine makers centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 4 of section 251-z-2 of the  agriculture
and  markets law, subdivision 3 as amended by chapter 507 of the laws of
1973 and subdivision 4 as added by chapter 863 of the laws of 1972,  are
amended and a new subdivision 5 is added to read as follows:
  3.  The  term  "food  processing  establishment" means any place which
receives food or food products for the purpose of processing  or  other-
wise  adding  to the value of the product for commercial sale, AND THOSE
PLACES LICENSED AS HOME WINE MAKERS CENTERS THAT PRODUCE WINE  FOR  HOME
CONSUMPTION AND NOT FOR COMMERCIAL SALE.  It includes, but is not limit-
ed to, bakeries, processing plants, beverage plants [and], food manufac-
tories,  AND  HOME  WINE  MAKERS  CENTERS.    However, the term does not
include: those establishments that process and manufacture food or  food
products  that  are  sold  exclusively  at retail for consumption on the
premises; those operations which cut meat and sell such meat  at  retail
on  the premises; bottled and bulk water facilities; those food process-
ing establishments which are covered by articles four, [four-a,  five-a,
five-b,  five-c,  five-d,  seventeen-b,] FOUR-A, FIVE-A, FIVE-B, FIVE-C,
FIVE-D, SEVENTEEN-B, nineteen[, twenty-b,] and twenty-one of this  chap-
ter;  service  food establishments, including vending machine commissar-
ies, under permit and inspection by the [state] department of health  or
by  a  local  health  agency  which  maintains  a  program certified and
approved by the [state] commissioner  of  health;  establishments  under
federal  meat,  poultry  or  egg  product  inspection; or establishments

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05308-01-3

S. 1980                             2

engaged solely in the harvesting, storage, or  distribution  of  one  or
more   raw   agricultural  commodities  which  are  ordinarily  cleaned,
prepared, treated or otherwise processed before being  marketed  to  the
consuming public.
  4. The term "processing" means processing foods in any manner, such as
by  manufacturing,  canning,  preserving, freezing, drying, dehydrating,
juicing, pickling, baking, brining, bottling, packing, repacking, press-
ing, waxing, heating or cooking, or otherwise treating food  in  such  a
way  as  to  create  a risk that it may become adulterated if improperly
handled, OR THE FERMENTATION OF FRUIT, AS DEFINED IN SUBDIVISION NINE OF
SECTION TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF THIS ARTICLE INTO WINE,  FOR
HOME CONSUMPTION, UPON THE PREMISES OF A HOME WINE MAKERS CENTER.
  5.  THE  TERM "WINE MAKERS CENTER" MEANS ANY PLACE WHERE AN INDIVIDUAL
PAYS A FEE TO USE SPACE AND EQUIPMENT FOR THE PURPOSE OF MAKING WINE FOR
PERSONAL HOUSEHOLD USE AND NOT FOR RESALE.
  S 2. Section 251-z-13 of the agriculture and markets  law,  as  renum-
bered by chapter 665 of the laws of 2005, is renumbered section 251-z-14
and a new section 251-z-13 is added to read as follows:
  S  251-Z-13.  HOME  WINE  MAKERS  CENTERS.  1.  THE PROVISIONS OF THIS
SECTION SHALL APPLY TO HOME WINE MAKERS CENTERS IN ADDITION TO ANY OTHER
PROVISION OF THIS ARTICLE.  THE OPERATION OF HOME  WINE  MAKERS  CENTERS
SHALL  BE  SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND THE SUPERVISION
OF THE DEPARTMENT.  PROVIDED, HOWEVER, THAT THE DEPARTMENT  MAY  CONSULT
WITH  THE  STATE  LIQUOR AUTHORITY BEFORE ISSUING SUCH LICENSE TO ENSURE
COMPLIANCE WITH THE ALCOHOLIC BEVERAGE CONTROL LAW.
  SUCH OPERATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE ALCOHOLIC
BEVERAGE CONTROL LAW OR THE JURISDICTION OF THE STATE LIQUOR  AUTHORITY,
UNLESS SPECIFICALLY PROVIDED IN THIS ARTICLE.
  2. EVERY HOME WINE MAKERS CENTER SHALL BE LICENSED BY THE COMMISSIONER
TO  PROVIDE,  FOR A FEE, FRUIT, AND EQUIPMENT AND STORAGE FACILITIES FOR
THE PRODUCTION OF WINE BY INDIVIDUALS FOR PERSONAL HOUSEHOLD USE AND NOT
FOR RESALE IN ACCORDANCE WITH FEDERAL LAW, RULES AND REGULATIONS AUTHOR-
IZING THE PRODUCTION OF WINE FOR HOUSEHOLD PERSONAL OR FAMILY USE.
  3. EVERY PERSON ENGAGING IN THE PRODUCTION OF  WINE  AT  A  HOME  WINE
MAKERS CENTER:
  (A) SHALL BE TWENTY-ONE YEARS OF AGE OR OLDER;
  (B)  SHALL BE LIMITED TO PRODUCING NOT MORE THAN FIFTY GALLONS OF WINE
DURING ANY CALENDAR YEAR; PROVIDED THAT IF THERE ARE ONE OR  MORE  OTHER
PERSONS  WHO  ARE TWENTY-ONE YEARS OF AGE RESIDING IN THE SAME HOUSEHOLD
AS SUCH PERSON, AND ALL OTHER SUCH PERSONS IN  THE  SAME  HOUSEHOLD  MAY
PRODUCE  AN  AGGREGATE  OF NOT MORE THAN ONE HUNDRED GALLONS OF WINE FOR
THE HOUSEHOLD DURING ANY CALENDAR YEAR;
  (C) MAY REMOVE THE WINE HE OR SHE PRODUCES AT  THE  HOME  WINE  MAKERS
CENTER  FOR  THE  PURPOSE  OF PERSONAL USE, INCLUDING USE IN CONTESTS OR
TASTINGS;
  (D) SHALL NOT PRODUCE WINE FOR SALE OR OFFER SUCH WINE FOR SALE;
  (E) SHALL PRODUCE NOT LESS THAN FIVE GALLONS OF WINE IN EACH  CALENDAR
YEAR;
  (F)  MAY  JOINTLY  PRODUCE  WINE  WITH PERSONS RESIDING IN A DIFFERENT
HOUSEHOLD OR HOUSEHOLDS AS LONG AS THE QUANTITY OF WINE MADE  IS  WITHIN
THE  QUANTITY  LIMITS SPECIFIED PURSUANT TO FEDERAL LAW, RULES AND REGU-
LATIONS;
  (G) SHALL ACTIVELY PARTICIPATE IN THE PRODUCTION OF THE WINE;
  (H) SHALL USE FRUIT GROWN OR PRODUCED IN THE  STATE  OF  NEW  YORK  TO
PRODUCE THE WINE;

S. 1980                             3

  (I)  SHALL  ADD  YEAST  AND/OR OTHER INGREDIENTS TO THE GRAPE OR OTHER
FRUIT JUICE OR WINE;
  (J) SHALL CAUSE THE FRUIT TO FERMENT;
  (K) SHALL RACK, FILTER AND BOTTLE THE WINE;
  (L)  SHALL  NOT  ACCEPT ANY UNAUTHORIZED ASSISTANCE FROM THE HOME WINE
MAKERS CENTER, OR FROM ANY EMPLOYEE OR AGENT THEREOF; AND
  (M) SHALL READ AND SIGN A STATEMENT THAT HE  OR  SHE  UNDERSTANDS  AND
AGREES TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  4.  NO  HOME  WINE  MAKERS  CENTER, NOR ANY EMPLOYEE OR AGENT THEREOF,
SHALL ASSIST ANY CUSTOMER IN THE PRODUCTION OF WINE, EXCEPT AS FOLLOWS:
  (A) THE FURNISHING, SELLING OR RENTING OF SPACE, SUPPLIES  AND  EQUIP-
MENT, INGREDIENTS, FRUIT, AND BOTTLING SUPPLIES;
  (B)  THE  PROVISION  OF  ADVICE AND TECHNICAL SERVICES TO CUSTOMERS AS
PROVIDED PURSUANT TO FEDERAL LAW, RULES AND REGULATIONS;
  (C) THE MOVING OF CONTAINERS OF WINE BETWEEN STORAGE AREAS;
  (D) THE PROVISION, MAINTENANCE, CLEANING AND  REPAIR  OF  WINE  MAKING
EQUIPMENT, SUCH AS PRESSES, PUMPS, FILTERS, BOTTLING EQUIPMENT AND OTHER
EQUIPMENT;
  (E)  THE  PROVISION, RENTAL OR SALE OF STORAGE VESSELS, INCLUDING, BUT
NOT LIMITED TO, GLASS CARBOYS, WOODEN BARRELS OR OTHER STORAGE  CONTAIN-
ERS FOR WINE FERMENTATION AND STORAGE;
  (F)  THE  PROVISION  OF A CLIMATE AND TEMPERATURE CONTROLLED SPACE FOR
WINE FERMENTATION AND STORAGE;
  (G) THE DISPOSAL OF GRAPE PRESSINGS AND OTHER WASTES; AND
  (H) THE PROVISION OF QUALITY  CONTROL  SERVICES,  SUCH  AS  LABORATORY
ANALYSIS  AND  TASTING OF WINE FOR QUALITY CONTROL PURPOSES IN THE PRES-
ENCE OF THE HOME WINE MAKER.
  5. NO HOME WINE MAKERS CENTER  SHALL  ALLOW,  MAINTAIN  OR  STORE  ANY
CONTAINER OF WINE IN EXCESS OF ONE HUNDRED GALLONS.
  6.    THE AGGREGATE PRODUCTION OF ALL INDIVIDUALS OR HOUSEHOLDS MAKING
WINE AT A HOME WINE MAKERS CENTER PURSUANT TO A HOME WINE MAKERS LICENSE
SHALL NOT EXCEED TEN THOUSAND GALLONS  PER  YEAR.  PROVIDED,  THAT  SUCH
AGGREGATE PRODUCTION LIMIT SHALL NOT BE OFFSET BY WINES PRODUCED AT SUCH
FACILITY UNDER A WINERY OR FARM WINERY LICENSE.
  7. THE LOCATION OF A FREE STANDING HOME WINE MAKERS CENTER MAY BE ON A
FARM  OR  OTHER  PREMISES  THAT  IS NOT ASSOCIATED WITH A WINERY OR FARM
WINERY.
  8. (A) A PERSON OR ENTITY LICENSED PURSUANT TO THE ALCOHOLIC  BEVERAGE
CONTROL  LAW  MAY  ALSO  BE LICENSED AS A HOME WINE MAKERS CENTER ON THE
SAME OR ADJACENT PREMISES OF A WINERY OR FARM WINERY, IF SUCH PERSON  OR
ENTITY IS THE HOLDER OF:
  (I) A WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX OF THE ALCOHOLIC
BEVERAGE CONTROL LAW; OR
  (II)  A  FARM WINERY LICENSE, PURSUANT TO SECTION SEVENTY-SIX-A OF THE
ALCOHOLIC BEVERAGE CONTROL LAW.
  (B) NO WINERY OR FARM WINERY AUTHORIZED TO OPERATE A HOME WINE  MAKERS
CENTER  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE ISSUED A
LICENSE PURSUANT TO THIS ARTICLE,  UNLESS  THE  STATE  LIQUOR  AUTHORITY
GRANTS A WRITTEN CONSENT LETTER THERETO.  THE STATE LIQUOR AUTHORITY, IN
GRANTING  ITS CONSENT, SHALL DETERMINE WHETHER THE APPLICANT COMPLIES OR
WILL COMPLY WITH THE PROVISIONS OF FEDERAL LAW AND THE RULES  AND  REGU-
LATIONS OF THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU RELATING
TO  HOME  WINE MAKERS CENTERS. IF THE WINERY OR FARM WINERY APPLYING FOR
CONSENT COMPLIES WITH SUCH FEDERAL LAW, RULES AND REGULATIONS THE  STATE
LIQUOR  AUTHORITY SHALL GRANT ITS WRITTEN CONSENT FOR THE OPERATION OF A

S. 1980                             4

HOME WINE MAKERS CENTER. SUCH AUTHORITY SHALL NOT  ESTABLISH  ANY  ADDI-
TIONAL REQUIREMENT FOR THE GRANTING OF ITS WRITTEN CONSENT.
  (C) THE OPERATIONS OF A HOME WINE MAKERS CENTER OPERATED BY ANY WINERY
OR  FARM  WINERY  SHALL BE SEGREGATED FROM THE PORTION OF SUCH WINERY OR
FARM WINERY IN WHICH WINE SUBJECT TO THE  PROVISIONS  OF  THE  ALCOHOLIC
BEVERAGE  CONTROL  LAW IS FERMENTED, PROCESSED, BOTTLED, STORED, SHIPPED
AND SOLD.  PROVIDED, HOWEVER, THAT A WINERY OR FARM WINERY MAY SHARE ITS
WINE MAKING EQUIPMENT WITH A LICENSED HOME WINE MAKERS CENTER AS LONG AS
ALL HOME MADE WINES PRODUCED BY SUCH EQUIPMENT IS SEGREGATED  FROM  SUCH
PORTION OF THE PREMISES IN WHICH A WINERY OR FARM WINERY IS LOCATED.
  9.  FOR THE PURPOSES OF THIS SECTION, "FRUIT" SHALL MEAN GRAPES, OTHER
FRUITS, FRUIT JUICES AND OTHER AGRICULTURAL PRODUCTS INCLUDING, BUT  NOT
LIMITED TO, HONEY, FLOWERS AND VEGETABLES.
  S  3.  Section  76 of the alcoholic beverage control law is amended by
adding a new subdivision 14 to read as follows:
  14. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A  LICENSED  WINERY
SHALL  BE  AUTHORIZED  TO  OPERATE A HOME WINE MAKERS CENTER PURSUANT TO
ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW. PROVIDED,  FURTHER,
THAT  A WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR ADJACENT PREM-
ISES AS THE WINERY IS OPERATED SUBJECT TO THE  PROVISIONS  OF  PARAGRAPH
(C)  OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED FIFTY-ONE-Z-THIRTEEN OF
THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 4. Section 76-a of the alcoholic beverage control law is amended  by
adding a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A LICENSED FARM
WINERY SHALL BE AUTHORIZED TO OPERATE A HOME WINE MAKERS CENTER PURSUANT
TO ARTICLE TWENTY-C OF THE  AGRICULTURE  AND  MARKETS  LAW.    PROVIDED,
FURTHER,  THAT  A FARM WINERY MAY OPERATE SUCH A CENTER UPON THE SAME OR
ADJACENT PREMISES  AS  THE  FARM  WINERY  IS  OPERATED  SUBJECT  TO  THE
PROVISIONS  OF PARAGRAPH (C) OF SUBDIVISION EIGHT OF SECTION TWO HUNDRED
FIFTY-ONE-Z-THIRTEEN OF THE AGRICULTURE AND MARKETS LAW AND FEDERAL LAW.
  S 5. Section 83 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 8 to read as follows:
  8.  THE  FEE FOR A WRITTEN CONSENT LETTER AUTHORIZING A WINERY OR FARM
WINERY TO OPERATE A HOME WINE MAKERS CENTER PURSUANT TO ARTICLE TWENTY-C
OF THE AGRICULTURE AND MARKETS LAW  SHALL  BE  ONE  HUNDRED  TWENTY-FIVE
DOLLARS.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive immediately any rules, regulations or other  actions  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.

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