senate Bill S1980A

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

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
2009-2010: S3495

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S1980A

TITLE OF BILL: An act to amend the agriculture and markets law and
the alcoholic beverage control law, in relation to providing that food
processing 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
California, 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
federal 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(TT8). 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
authorize 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 similar 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


operate 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 wineries. 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. 8y 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
farmers 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
grower 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
successful 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. CARLUCCI, GALLIVAN, GIPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture -- recommitted to the Committee on Agriculture in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 6 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05308-02-4

S. 1980--A                          2

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
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.
  6. 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;

S. 1980--A                          3

  (H)  SHALL  USE  FRUIT  GROWN  OR PRODUCED IN THE STATE OF NEW YORK TO
PRODUCE THE WINE;
  (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

S. 1980--A                          4

LIQUOR AUTHORITY SHALL GRANT ITS WRITTEN CONSENT FOR THE OPERATION OF  A
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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