A. 927 2
225-A. AUTHORIZATION TO SELL WINE PRODUCTS BY CERTAIN LICENSEES
FOR CONSUMPTION ON THE PREMISES.
226. WINE TASTING.
226-A. LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE
PREMISES.
226-B. SPECIAL LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION ON
THE PREMISES.
226-C. PROHIBITED SALES.
227. LICENSE FEES.
227-A. LICENSE FEES; WHEN DUE AND PAYABLE; FEE FOR PART OF YEAR.
228. PURCHASE FROM PRIVATE COLLECTION.
229. RULES AND REGULATIONS.
229-A. SEVERABILITY.
S 223. GENERAL POWERS. THE DEPARTMENT, THROUGH THE COMMISSIONER, IS
HEREBY VESTED WITH THE POWER TO ADMINISTER AND ENFORCE THE PROVISIONS OF
THIS ARTICLE.
S 224. KINDS OF LICENSES. THE FOLLOWING LICENSES MAY BE ISSUED FOR THE
MANUFACTURE AND SALE OF WINE, TO WIT:
1. WINERY LICENSE;
2. FARM WINERY LICENSE;
3. TEMPORARY WINERY OR FARM WINERY PERMIT;
4. SPECIAL WINERY LICENSE;
5. SPECIAL FARM WINERY LICENSE;
6. WHOLESALER'S LICENSE;
7. SEVEN DAY LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
PREMISES SUBJECT TO PARAGRAPH (A) OF SUBDIVISION FOURTEEN OF SECTION ONE
HUNDRED FIVE OF THE ALCOHOLIC BEVERAGE CONTROL LAW; AND
8. LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES.
S 224-A. WINERY LICENSE. 1. ANY PERSON MAY APPLY TO THE COMMISSIONER
FOR A WINERY LICENSE AS PROVIDED FOR IN THIS ARTICLE. SUCH APPLICATIONS
SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS
THE COMMISSIONER SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY
A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH
LICENSE. IF THE COMMISSIONER SHALL GRANT THE APPLICATION THE COMMISSION-
ER SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY THE
COMMISSIONER'S RULES.
2.(A) ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE AS A WINERY
OR FARM WINERY UNDER THIS SECTION OR SECTION TWO HUNDRED TWENTY-FOUR-B
OF THIS ARTICLE MAY CONDUCT WINE TASTINGS OF NEW YORK STATE LABELLED
WINES IN ESTABLISHMENTS LICENSED UNDER SECTION SIXTY-THREE OF THE ALCO-
HOLIC BEVERAGE CONTROL LAW TO SELL ALCOHOLIC BEVERAGES FOR OFF-PREMISES
CONSUMPTION. SUCH WINERY OR FARM WINERY MAY CHARGE A FEE FOR EACH WINE
SAMPLE TASTED. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
REGARDING SUCH TASTINGS AS PROVIDED FOR IN THIS SUBDIVISION.
(B) ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE AS A WINERY
OR FARM WINERY UNDER THIS SECTION OR SECTION TWO HUNDRED TWENTY-FOUR-B
OF THIS ARTICLE MAY CONDUCT WINE TASTINGS OF NEW YORK STATE LABELLED
WINES AND APPLY TO THE COMMISSIONER FOR A PERMIT TO SELL WINE PRODUCED
BY SUCH WINERY OR FARM WINERY, BY THE BOTTLE, DURING SUCH TASTINGS IN
ESTABLISHMENTS LICENSED UNDER SECTION SIXTY-FOUR OF THE ALCOHOLIC
BEVERAGE CONTROL LAW TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
PREMISES. SUCH WINERY OR FARM WINERY MAY CHARGE A FEE OF NO MORE THAN
TWENTY-FIVE CENTS FOR EACH WINE SAMPLE TASTED. THE COMMISSIONER SHALL
PROMULGATE RULES AND REGULATIONS REGARDING SUCH TASTINGS AS PROVIDED FOR
IN THIS SUBDIVISION.
A. 927 3
(C) TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING LIMITATIONS:
(I) WINE TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT, REPRESEN-
TATIVE OR SOLICITOR OF ONE OR MORE WINERIES OR FARM WINERIES. SUCH
AGENT, REPRESENTATIVE OR SOLICITOR SHALL BE PHYSICALLY PRESENT AT ALL
TIMES DURING THE CONDUCT OF THE TASTINGS; AND
(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
WINE TASTING AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS
OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL
ACCRUE TO THE FARM WINERY OR WINERY LICENSEE.
(D)(I) ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE AS A
WINERY OR FARM WINERY UNDER THIS SECTION OR SECTION TWO HUNDRED TWENTY-
FOUR-B OF THIS ARTICLE MAY CONDUCT WINE TASTINGS OF NEW YORK STATE
LABELLED WINES AND SELL SUCH WINE BY THE BOTTLE, DURING SUCH TASTING,
FOR OFF-PREMISES CONSUMPTION AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS,
OCCASIONS OR EVENTS, WITHIN THE HOURS FIXED BY OR PURSUANT TO SUBDIVI-
SION FOURTEEN OF SECTION ONE HUNDRED FIVE OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, SPONSORED BY A BONA FIDE CHARITABLE ORGANIZATION. FOR THE
PURPOSES OF THIS PARAGRAPH, A BONA FIDE CHARITABLE ORGANIZATION SHALL
MEAN AND INCLUDE ANY BONA FIDE RELIGIOUS OR CHARITABLE ORGANIZATION OR
BONA FIDE EDUCATIONAL, FRATERNAL OR SERVICE ORGANIZATION OR BONA FIDE
ORGANIZATION OF VETERANS OR VOLUNTEER FIREFIGHTERS, WHICH BY ITS CHAR-
TER, CERTIFICATE OF INCORPORATION, CONSTITUTION, OR ACT OF THE LEGISLA-
TURE, SHALL HAVE AMONG ITS DOMINANT PURPOSES ONE OR MORE OF THE LAWFUL
PURPOSES AS DEFINED IN SUBDIVISION FIVE OF SECTION ONE HUNDRED
EIGHTY-SIX OF THE GENERAL MUNICIPAL LAW.
(II) THE COMMISSIONER SHALL ISSUE A LICENSE TO AUTHORIZE SUCH WINERY
OR FARM WINERY TO PARTICIPATE IN NO MORE THAN FIVE OUTDOOR OR INDOOR
GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS SPONSORED BY A CHARITABLE
ORGANIZATION IN ONE YEAR FOR A SINGLE FEE. THE WINERY OR FARM WINERY
MUST GIVE WRITTEN NOTICE OF THE DATE, TIME AND SPECIFIC LOCATION OF EACH
TASTING TO THE COMMISSIONER AT LEAST FIFTEEN DAYS PRIOR TO SUCH TASTING.
A WINERY OR FARM WINERY THAT OBTAINS A LICENSE TO CONDUCT SUCH WINE
TASTINGS DOES NOT NEED TO APPLY FOR OR OBTAIN A TEMPORARY BEER OR WINE
PERMIT PURSUANT TO SECTION NINETY-SEVEN OF THE ALCOHOLIC BEVERAGE
CONTROL LAW OR ANY OTHER PERMIT TO CONDUCT SUCH A TASTING OR TO SELL
WINE BY THE BOTTLE FOR OFF-PREMISES CONSUMPTION.
(III) SUCH WINERY OR FARM WINERY MAY CHARGE A FEE FOR EACH WINE SAMPLE
TASTED. TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT, REPRESENTATIVE
OR SOLICITOR OF SUCH WINERY OR FARM WINERY. THE COMMISSIONER MAY PROMUL-
GATE RULES AND REGULATIONS REGARDING SUCH TASTINGS AS PROVIDED FOR IN
THIS SUBDIVISION.
3. A LICENSED WINERY MAY APPLY TO THE COMMISSIONER FOR A LICENSE TO
SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES. ALL THE PROVISIONS
OF THIS CHAPTER RELATIVE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMP-
TION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICA-
TION.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY WINERY, LICENSED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION TO SELL WINE AT RETAIL FOR
CONSUMPTION ON THE PREMISES IN A RESTAURANT IN OR ADJACENT TO THE
WINERY, MAY APPLY TO THE LIQUOR AUTHORITY FOR A LICENSE TO SELL BEER,
WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES OF SUCH RESTAU-
RANT. ALL OF THE PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL LAW RELA-
TIVE TO LICENSES TO SELL BEER, WINE OR LIQUOR AT RETAIL FOR CONSUMPTION
ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA-
RY, ANY ONE OR MORE WINERY LICENSEES OR FARM WINERY LICENSEES, SINGLY OR
A. 927 4
JOINTLY, MAY APPLY TO THE COMMISSIONER FOR A LICENSE OR LICENSES TO SELL
WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES. THE DURATION OF SUCH
LICENSE SHALL BE COEXTENSIVE WITH THE DURATION OF SUCH LICENSEE'S WINERY
LICENSE OR FARM WINERY LICENSE, AND THE FEE THEREFOR SHALL BE FIVE
HUNDRED DOLLARS IF SUCH RETAIL PREMISES IS LOCATED IN CITIES HAVING A
POPULATION OF ONE MILLION OR MORE; IN CITIES HAVING LESS THAN ONE
MILLION POPULATION AND MORE THAN ONE HUNDRED THOUSAND, TWO HUNDRED FIFTY
DOLLARS; AND ELSEWHERE, THE SUM OF ONE HUNDRED TWENTY-FIVE DOLLARS. SUCH
LICENSE SHALL ENTITLE THE HOLDER THEREOF TO SELL AT RETAIL FOR CONSUMP-
TION OFF THE PREMISES ANY NEW YORK STATE LABELLED WINE. SUCH LICENSE
SHALL ALSO ENTITLE THE HOLDER THEREOF TO CONDUCT WINE TASTINGS AND
ENGAGE IN ANY OF THE ACTIVITIES AUTHORIZED BY PARAGRAPHS (A), (B) AND
(C) OF SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-FOUR-F OF THIS
ARTICLE ON SUCH LICENSED PREMISES. SUCH LICENSE SHALL ALSO AUTHORIZE THE
SALE BY THE HOLDER THEREOF OF NEW YORK STATE LABELLED WINE, IN SEALED
CONTAINERS FOR OFF-PREMISES CONSUMPTION, FROM THE SPECIALLY LICENSED
PREMISES OF ANY PERSON LICENSED PURSUANT TO SECTION TWO HUNDRED TWENTY-
SIX-B OF THIS ARTICLE TO SELL WINE AT RETAIL FOR CONSUMPTION ON PREMISE
IN WHICH THE PRINCIPAL BUSINESS IS THE OPERATION OF A LEGITIMATE THEATER
OR SUCH OTHER LAWFUL ADULT ENTERTAINMENT OR RECREATIONAL FACILITY AS THE
LIQUOR AUTHORITY MAY CLASSIFY FOR ELIGIBILITY PURSUANT TO SUBDIVISION
SIX OF SECTION SIXTY-FOUR-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW. NOT
MORE THAN FIVE SUCH LICENSES SHALL BE ISSUED TO ANY LICENSED WINERY OR
FARM WINERY. ALL OTHER PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES
TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES AT THE WINERY
SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION. THE COMMISSIONER
IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO
CARRY OUT THE PURPOSE OF THIS SUBDIVISION, PROVIDED THAT ALL LICENSES
ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE SAME RULES
AND REGULATIONS AS ARE APPLICABLE TO THE SALE OF WINE AT RETAIL FOR
CONSUMPTION OFF THE PREMISES OF THE WINERY LICENSEE OR FARM WINERY
LICENSEE.
6. ANY WINERY LICENSED PURSUANT TO THIS SECTION IS AUTHORIZED TO
ENGAGE IN WHAT IS COMMONLY KNOWN AS WINE BY WIRE SERVICES WHEREBY A
WINERY WITHIN THE STATE MAY MAKE DELIVERIES ON BEHALF OF OTHER WINERIES
WITHIN THE STATE.
7. NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, A
LICENSED WINERY OR A LICENSED FARM WINERY MAY APPLY TO THE COMMISSIONER
FOR A PERMIT TO SELL NEW YORK STATE LABELLED WINE, BY THE BOTTLE, AT THE
STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS' MARKETS OPERATED
ON A NOT-FOR-PROFIT BASIS. AS A CONDITION OF THE PERMIT, AN AGENT,
REPRESENTATIVE, OR SOLICITOR FROM THE WINERY MUST BE PRESENT AT THE TIME
OF SALE.
8. ANY WINERY MAY SELL OR DELIVER SUCH WINE PRODUCED BY THE WINERY TO
PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH SALE
OR DELIVERY.
S 224-B. FARM WINERY LICENSE. 1. ANY PERSON MAY APPLY TO THE COMMIS-
SIONER FOR A FARM WINERY LICENSE AS PROVIDED FOR IN THIS ARTICLE. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH
INFORMATION AS THE COMMISSIONER SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE
FOR SUCH LICENSE. IF THE COMMISSIONER SHALL GRANT THE APPLICATION THE
COMMISSIONER SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED
BY THE COMMISSIONER'S RULES.
2. A FARM WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO OPERATE
A FARM WINERY FOR THE MANUFACTURE OF WINE AT THE PREMISES SPECIFICALLY
A. 927 5
DESIGNATED IN THE LICENSE. SUCH A LICENSE SHALL ALSO AUTHORIZE THE SALE
IN BULK BY SUCH LICENSEE FROM THE LICENSED PREMISES OF THE PRODUCTS
MANUFACTURED UNDER SUCH LICENSE TO ANY WINERY LICENSEE, ANY OTHER FARM
WINERY LICENSEE, ANY DISTILLER LICENSEE OR TO A PERMITTEE ENGAGED IN THE
MANUFACTURE OF PRODUCTS WHICH ARE UNFIT FOR BEVERAGE USE AND TO SELL OR
DELIVER SUCH WINE TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF
THE PLACE OF SUCH SALE OR DELIVERY. IT SHALL ALSO AUTHORIZE THE HOLDER
THEREOF TO SELL FROM THE LICENSED PREMISES TO A LICENSED WHOLESALER OR
RETAILER, OR TO A CORPORATION OPERATING RAILROAD CARS OR AIRCRAFT FOR
CONSUMPTION ON SUCH CARRIERS, OR AT RETAIL FOR CONSUMPTION OFF THE PREM-
ISES, WINE MANUFACTURED BY THE LICENSEE AS ABOVE SET FORTH AND TO SELL
OR DELIVER SUCH WINE TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS
OF THE PLACE OF SUCH SALE OR DELIVERY. ALL WINE SOLD BY SUCH LICENSEE
FOR CONSUMPTION OFF THE PREMISES SHALL BE SECURELY SEALED AND HAVE
ATTACHED THERETO A LABEL SETTING FORTH SUCH INFORMATION AS SHALL BE
REQUIRED BY THIS ARTICLE. SUCH LICENSE SHALL ALSO BE DEEMED TO INCLUDE
AUTHORIZATION TO SELL CIDER AND WINE AT RETAIL FOR CONSUMPTION ON OR OFF
THE PREMISES; AND TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES
OF A RESTAURANT, CONFERENCE CENTER, INN, BED AND BREAKFAST OR HOTEL
BUSINESS OWNED AND OPERATED BY THE LICENSEE IN OR ADJACENT TO THE FARM
WINERY FOR WHICH THE LICENSEE IS LICENSED. A LICENSEE WHO OPERATES A
RESTAURANT, CONFERENCE CENTER, INN, BED AND BREAKFAST OR HOTEL PURSUANT
TO SUCH AUTHORITY SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THIS
CHAPTER WHICH RELATE TO LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION
ON THE PREMISES.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FARM WINERY,
LICENSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO SELL WINE AT
RETAIL FOR CONSUMPTION ON THE PREMISES IN A RESTAURANT, CONFERENCE
CENTER, INN, BED AND BREAKFAST OR HOTEL BUSINESS OWNED AND OPERATED BY
THE LICENSEE IN OR ADJACENT TO SUCH FARM WINERY, MAY APPLY TO THE LIQUOR
AUTHORITY FOR A LICENSE TO SELL BEER AND/OR LIQUOR AT RETAIL FOR
CONSUMPTION ON THE PREMISES OF SUCH FACILITY. ALL OF THE PROVISIONS OF
THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER, WINE OR LIQUOR AT RETAIL
FOR CONSUMPTION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH
APPLICATION.
4. (A) A FARM WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO
MANUFACTURE, BOTTLE AND SELL FRUIT JUICE, FRUIT JELLIES AND FRUIT
PRESERVES, TONICS, SALAD DRESSINGS AND UNPOTABLE WINE SAUCES ON AND FROM
THE LICENSED PREMISES.
(B) SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL
GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO
THE SALE OF WINE. THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING
CATEGORIES:
(I) NON-ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES,
INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES.
(II) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING WINE TASTINGS, SHALL
MEAN A DIVERSIFIED SELECTION OF FOOD WHICH IS ORDINARILY CONSUMED WITH-
OUT THE USE OF TABLEWARE AND CAN CONVENIENTLY BE CONSUMED WHILE STANDING
OR WALKING. SUCH FOOD ITEMS SHALL INCLUDE BUT NOT BE LIMITED TO: CHEES-
ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS AND CRACKERS.
(III) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS
AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR IMMEDIATE
CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED INTO A
PACKAGE CONTAINING WINE OR A WINE PRODUCT.
(IV) WINE SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM
UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF WINE OR FOR DECORA-
A. 927 6
TIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE
COMBINED INTO A PACKAGE CONTAINING WINE OR A WINE PRODUCT.
(V) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.
(VI) NEW YORK STATE LABELLED WINE PRODUCED OR MANUFACTURED BY ANY
OTHER NEW YORK STATE WINERY OR FARM WINERY LICENSEE. SUCH WINE MAY BE
PURCHASED OUTRIGHT BY THE LICENSEE FROM A NEW YORK WINERY OR FARM WINERY
LICENSEE OR OBTAINED ON A CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREE-
MENT BETWEEN THE SELLING AND PURCHASING LICENSEE.
(C) THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
(D) A LICENSED FARM WINERY MAY ENGAGE IN ANY OTHER BUSINESS ON THE
LICENSED PREMISES SUBJECT TO SUCH RULES AND REGULATIONS AS THE COMMIS-
SIONER MAY PRESCRIBE. IN PRESCRIBING SUCH RULES AND REGULATIONS, THE
COMMISSIONER SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF WINE
PRODUCTION AND OF TOURISM IN NEW YORK STATE, THEREBY PROMOTING THE
CONSERVATION, PRODUCTION AND ENHANCEMENT OF NEW YORK STATE AGRICULTURAL
LANDS. FURTHER, SUCH RULES AND REGULATIONS SHALL DETERMINE WHICH BUSI-
NESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS ARTICLE
AND SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY
AND AREA IN THE VICINITY OF THE FARM WINERY LICENSEE.
5. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, NO
LICENSED FARM WINERY SHALL MANUFACTURE OR SELL ANY WINE NOT PRODUCED
EXCLUSIVELY FROM GRAPES OR OTHER FRUITS OR AGRICULTURAL PRODUCTS GROWN
OR PRODUCED IN NEW YORK STATE.
(B) IN THE EVENT THAT THE COMMISSIONER, AFTER INVESTIGATING AND
COMPILING INFORMATION PURSUANT TO SUBDIVISION FORTY-TWO OF SECTION
SIXTEEN OF THIS CHAPTER, DETERMINES THAT A NATURAL DISASTER, ACT OF GOD,
OR CONTINUED ADVERSE WEATHER CONDITION HAS DESTROYED NO LESS THAN FORTY
PERCENT OF A SPECIFIC GRAPE VARIETAL GROWN OR PRODUCED IN NEW YORK STATE
AND USED FOR WINEMAKING, THE COMMISSIONER MAY GIVE AUTHORIZATION TO A
DULY LICENSED FARM WINERY TO MANUFACTURE OR SELL WINE PRODUCED FROM
GRAPES GROWN OUTSIDE THIS STATE. NO SUCH AUTHORIZATION SHALL BE GRANTED
TO A FARM WINERY LICENSEE UNLESS SUCH LICENSEE CERTIFIES TO THE COMMIS-
SIONER THE QUANTITY OF NEW YORK GROWN GRAPES UNAVAILABLE TO SUCH LICEN-
SEE DUE TO SUCH NATURAL DISASTER, ACT OF GOD OR CONTINUING ADVERSE
WEATHER CONDITION AND SATISFIES THE COMMISSIONER THAT REASONABLE EFFORTS
WERE MADE TO OBTAIN GRAPES FROM A NEW YORK STATE SOURCE FOR SUCH WINE-
MAKING PURPOSE. NO FARM WINERY SHALL UTILIZE AN AMOUNT OF OUT-OF-STATE
GROWN GRAPES OR JUICE EXCEEDING THE AMOUNT OF NEW YORK GROWN GRAPES THAT
SUCH WINERY IS UNABLE TO OBTAIN DUE TO THE DESTRUCTION OF NEW YORK GROWN
GRAPES BY A NATURAL DISASTER, ACT OF GOD OR CONTINUING ADVERSE WEATHER
CONDITION AS DETERMINED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVI-
SION. FOR PURPOSES OF THIS SUBDIVISION, THE COMMISSIONER IS AUTHORIZED
TO ADOPT RULES AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS SUBDIVISION WHICH SHALL INCLUDE ENSURING THAT
IN MANUFACTURING WINE FARM WINERIES UTILIZE GRAPES GROWN OR PRODUCED IN
NEW YORK STATE TO THE EXTENT THEY ARE REASONABLY AVAILABLE, PRIOR TO
UTILIZING GRAPES OR JUICE FROM AN OUT-OF-STATE SOURCE FOR SUCH PURPOSE.
(C) THE COMMISSIONER SHALL MAKE AVAILABLE TO FARM WINERIES AND TO THE
PUBLIC EACH SPECIFIC GRAPE VARIETAL LOSS DETERMINATION ISSUED PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION ON OR BEFORE AUGUST TWENTIETH OF
EACH YEAR.
(D) IN THE EVENT THAT THE CONTINUING EFFECTS OF A NATURAL DISASTER,
ACT OF GOD, OR ADVERSE WEATHER CONDITION WHICH OCCURRED PRIOR TO AUGUST
A. 927 7
TWENTIETH OF EACH YEAR OR THE EFFECTS OF A NATURAL DISASTER, ACT OF GOD,
OR ADVERSE WEATHER CONDITION WHICH OCCURS SUBSEQUENT TO AUGUST TWENTIETH
OF EACH YEAR RESULTS IN ANY GRAPE VARIETAL LOSS WHICH MEETS THE STAND-
ARDS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER MAY
ISSUE ADDITIONAL GRAPE VARIETAL LOSS DETERMINATIONS AND SHALL EXPE-
DITIOUSLY MAKE AVAILABLE TO FARM WINERIES AND TO THE PUBLIC EACH SPECIF-
IC GRAPE VARIETAL LOSS DETERMINATION ISSUED PURSUANT TO THIS PARAGRAPH
PRIOR TO OCTOBER TENTH OF EACH YEAR.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FARM WINERY LICENSE
SHALL AUTHORIZE THE HOLDER THEREOF TO:
(A) OFFER FOR SALE OR SOLICIT ANY ORDER IN THE STATE FOR THE SALE OF
ANY NEW YORK STATE LABELLED WINE MANUFACTURED BY THE LICENSEE OR ANY
OTHER WINERY OR FARM WINERY LICENSED PURSUANT TO THIS ARTICLE.
(B) ENGAGE AS A BROKER IN THE PURCHASE AND SALE OF NEW YORK STATE
LABELLED WINES FOR A FEE OR COMMISSION FOR OR ON BEHALF OF ANY WINERY OR
FARM WINERY LICENSED PURSUANT TO THIS ARTICLE.
(C) MAINTAIN A WAREHOUSE ON THE PREMISES PURSUANT TO SECTION
NINETY-SIX OF THE ALCOHOLIC BEVERAGE CONTROL LAW FOR THE WAREHOUSING OF
ANY NEW YORK STATE LABELLED WINES MANUFACTURED BY ANY WINERY OR FARM
WINERY LICENSED PURSUANT TO THIS ARTICLE. ANY WINERY OR FARM WINERY THAT
MAINTAINS SUCH A WAREHOUSE MUST COMPLY WITH THE PROVISIONS OF SECTION
NINETY-SIX OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
(D) DELIVER OR TRANSPORT ANY NEW YORK STATE LABELLED WINE MANUFACTURED
OR PRODUCED BY THE LICENSEE OR ANY OTHER WINERY OR FARM WINERY LICENSED
PURSUANT TO THIS ARTICLE IN ANY VEHICLE OWNED, LEASED OR HIRED BY THE
LICENSEE. THE NEW YORK STATE LABELLED WINE CAN BE DELIVERED, TRANSPORTED
OR SOLD BY THE LICENSEE TO ANY HOLDER OF: (I) A WINERY OR FARM WINERY
LICENSE, (II) A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON
THE PREMISES, (III) A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR CONSUMP-
TION OFF THE PREMISES, OR (IV) ANY PERSON THAT CAN RECEIVE OR PURCHASE
WINE FROM A FARM WINERY. THE LICENSEE IS NOT REQUIRED TO OBTAIN FROM THE
LIQUOR AUTHORITY A TRUCKING PERMIT OR PAY ANY FEES PURSUANT TO SECTION
NINETY-FOUR OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
7. NO LICENSED FARM WINERY SHALL MANUFACTURE IN EXCESS OF ONE HUNDRED
FIFTY THOUSAND FINISHED GALLONS OF WINE ANNUALLY.
S 224-C. TEMPORARY WINERY OR FARM WINERY PERMIT. 1. ANY PERSON MAY
APPLY TO THE COMMISSIONER FOR A TEMPORARY WINERY OR FARM WINERY PERMIT.
SUCH APPLICATIONS SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN
INFORMATION AS THE COMMISSIONER SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE
FOR SUCH PERMIT. SUCH APPLICATION FEE SHALL OFFSET ANY SUBSEQUENTLY
ASSESSED FEES REQUIRED BY THIS ARTICLE FOR THE ISSUANCE OF A WINERY OR
FARM WINERY LICENSE TO SUCH APPLICANT.
2. UPON APPLICATION, THE COMMISSIONER SHALL ISSUE A TEMPORARY WINERY
OR FARM WINERY PERMIT WHEN THE APPLICANT:
(A) EITHER REQUIRES A LICENSE TO ESTABLISH A WINERY TO PRODUCE OR
MANUFACTURE WINE OR HAS A WINERY OR FARM WINERY LICENSE APPLICATION
PENDING BEFORE THE COMMISSIONER, AND THE BEGINNING OF THE HARVEST SEASON
FOR GRAPES OR ANY OTHER FRUIT OR PRODUCT NECESSARY FOR THE PRODUCTION OR
MANUFACTURE OF WINE AT THAT FACILITY WILL OCCUR WITHIN THIRTY DAYS; OR
(B) IS IN GOOD FAITH NEGOTIATING WITH OR HAS ENTERED INTO AN AGREEMENT
WITH A WINERY OR FARM WINERY LICENSEE TO PURCHASE, OBTAIN OR ACQUIRE
PART OR FULL OWNERSHIP RIGHTS IN THE ASSETS OR STOCK OF AN EXISTING AND
OPERATING WINERY FACILITY; OR
A. 927 8
(C) DUE TO UNFORESEEN CIRCUMSTANCES OR AN EMERGENCY SITUATION IS IN
NEED OF A PERMIT TO ENSURE THE CONTINUED OR FUTURE OPERATION OF AN
EXISTING WINERY FACILITY.
3. THE COMMISSIONER IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS ARTICLE.
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
A PERMANENT WINERY OR FARM WINERY LICENSE.
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN A WINERY OR FARM WINERY LICENSE.
(D) UPON ISSUANCE OF THE TEMPORARY PERMIT, THE WINERY OR FARM WINERY
LICENSE FOR SAID PREMISES SHALL HAVE BEEN SURRENDERED INTO SAFEKEEPING
PURSUANT TO RULES OF THE COMMISSIONER.
(E) THE APPLICANT FOR THE TEMPORARY PERMIT SHALL HAVE FILED CONCUR-
RENTLY WITH THE COMMISSIONER AN APPLICATION FOR A PERMANENT WINERY OR
FARM WINERY LICENSE AT SUCH PREMISES.
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
COMMISSIONER WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLICA-
TION.
5. A TEMPORARY WINERY OR FARM WINERY PERMIT SHALL AUTHORIZE THE HOLDER
THEREOF TO OPERATE A WINERY OR FARM WINERY, AS THE CASE MAY BE, FOR THE
MANUFACTURE AND SALE OF WINE AT THE PREMISES SPECIFICALLY DESIGNATED IN
THE PERMIT. FURTHER, IT SHALL AUTHORIZE THE HOLDER OF A TEMPORARY WINERY
PERMIT OR A TEMPORARY FARM WINERY PERMIT TO CONDUCT ANY OF THE ACTIV-
ITIES PERMITTED, RESPECTIVELY, BY SECTION TWO HUNDRED TWENTY-FOUR-A, TWO
HUNDRED TWENTY-FOUR-B OR TWO HUNDRED TWENTY-FOUR-F OF THIS ARTICLE.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT FOR SIX MONTHS OR
UNTIL THE PERMITTEE IS ISSUED A PERMANENT WINERY OR FARM WINERY LICENSE,
WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT THE DISCRETION OF
THE COMMISSIONER FOR AN ADDITIONAL THREE MONTH PERIOD OF TIME UPON
PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A TEMPORARY PERMIT MAY BE SUMMARILY CANCELLED OR
SUSPENDED AT ANY TIME IF THE COMMISSIONER DETERMINES THAT GOOD CAUSE FOR
SUCH CANCELLATION OR SUSPENSION EXISTS. THE COMMISSIONER SHALL PROMPTLY
NOTIFY THE HOLDER OF SUCH PERMIT IN WRITING OF SUCH CANCELLATION OR
SUSPENSION AND SHALL SET FORTH THE REASONS FOR SUCH ACTION.
7. THE COMMISSIONER IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT IT UNLESS GOOD CAUSE IS OTHERWISE SHOWN. A DECI-
SION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL EVIDENCE IN THE
RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE IN FAVOR OF THE
APPLICANT.
S 224-D. SPECIAL WINERY LICENSE. 1. ANY PERSON MAY APPLY TO THE
COMMISSIONER FOR A LICENSE TO OPERATE A WINERY ON THE PREMISES OF A
WINERY LICENSEE. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND
SHALL CONTAIN SUCH INFORMATION AS THE COMMISSIONER SHALL REQUIRE. SUCH
APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT
REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE COMMISSIONER SHALL
GRANT THE APPLICATION THE DEPARTMENT SHALL ISSUE A LICENSE IN SUCH FORM
AS SHALL BE DETERMINED BY ITS RULES.
2. (A) ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE UNDER THIS
SECTION OR SECTION TWO HUNDRED TWENTY-FOUR-E OF THIS ARTICLE MAY CONDUCT
WINE TASTINGS OF NEW YORK STATE LABELLED WINES IN ESTABLISHMENTS
LICENSED UNDER SECTION SIXTY-THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW
TO SELL ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. THE COMMIS-
SIONER SHALL PROMULGATE RULES AND REGULATIONS REGARDING SUCH TASTINGS AS
PROVIDED FOR IN THIS SUBDIVISION.
A. 927 9
(B) TASTINGS SHALL BE CONDUCTED SUBJECT TO THE FOLLOWING LIMITATIONS:
(I) WINE TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT OF ONE OR MORE
WINERIES OR FARM WINERIES. SUCH AGENT SHALL BE PHYSICALLY PRESENT AT ALL
TIMES DURING THE CONDUCT OF THE TASTINGS; AND
(II) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A
WINE TASTING AS AUTHORIZED HEREIN AND IN ACCORDANCE WITH THE PROVISIONS
OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL
ACCRUE TO THE FARM WINERY OPERATOR OR WINERY LICENSEE OPERATOR.
3. SPECIAL WINERY LICENSEES LICENSED UNDER THE PROVISIONS OF THIS
SECTION MAY APPLY TO THE COMMISSIONER FOR A LICENSE TO SELL WINE AT
RETAIL FOR CONSUMPTION ON THE PREMISES IN A RESTAURANT OWNED BY THE
LICENSEE AND CONDUCTED AND OPERATED BY THE LICENSEE IN OR ADJACENT TO
THE WINERY FOR WHICH THE LICENSEE IS LICENSED. ALL THE PROVISIONS OF
THIS ARTICLE RELATIVE TO LICENSURE TO SELL WINE AT RETAIL FOR CONSUMP-
TION ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICA-
TION.
4. NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, ANY ONE
OR MORE SPECIAL WINERY LICENSEES LICENSED UNDER THE PROVISIONS OF THIS
SECTION OR A SPECIAL FARM WINERY LICENSEE LICENSED PURSUANT TO SECTION
TWO HUNDRED TWENTY-FOUR-E OF THIS ARTICLE, SINGLY OR JOINTLY, MAY APPLY
TO THE COMMISSIONER FOR A LICENSE OR LICENSES TO SELL WINE AT RETAIL FOR
CONSUMPTION OFF THE PREMISES. THE DURATION OF SUCH LICENSE SHALL BE
COEXTENSIVE WITH THE DURATION OF SUCH LICENSEE'S WINERY LICENSE OR FARM
WINERY LICENSE UNDER THE PROVISIONS OF THIS SECTION. SUCH LICENSE SHALL
ALSO ENTITLE THE HOLDER THEREOF TO CONDUCT WINE TASTINGS AND ENGAGE IN
ANY OF THE ACTIVITIES AUTHORIZED BY PARAGRAPHS (A), (B) AND (C) OF
SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-FOUR-F OF THIS ARTICLE
ON SUCH LICENSED PREMISES. SUCH LICENSE SHALL ALSO AUTHORIZE THE SALE BY
THE HOLDER THEREOF OF NEW YORK STATE LABELLED WINE, IN SEALED CONTAINERS
FOR OFF-PREMISES CONSUMPTION, FROM THE SPECIALLY LICENSED PREMISES OF
ANY PERSON LICENSED PURSUANT TO SECTION TWO HUNDRED TWENTY-SIX-A OF THIS
ARTICLE TO SELL WINE AT RETAIL FOR CONSUMPTION ON PREMISES IN WHICH THE
PRINCIPAL BUSINESS IS THE OPERATION OF A LEGITIMATE THEATER OR SUCH
OTHER LAWFUL ADULT ENTERTAINMENT OR RECREATIONAL FACILITY AS THE COMMIS-
SIONER MAY CLASSIFY FOR ELIGIBILITY PURSUANT TO SUBDIVISION SIX OF
SECTION SIXTY-FOUR-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW. NOT MORE
THAN FIVE SUCH LICENSES SHALL BE ISSUED TO ANY SPECIAL WINERY LICENSEE
OR SPECIAL FARM WINERY LICENSEE LICENSED UNDER THE PROVISIONS OF THIS
SECTION. ALL OTHER PROVISIONS OF THIS ARTICLE RELATIVE TO LICENSES TO
SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES SHALL APPLY SO FAR
AS APPLICABLE TO SUCH APPLICATION. THE COMMISSIONER IS HEREBY AUTHORIZED
TO ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF
THIS SUBDIVISION, PROVIDED THAT ALL LICENSES ISSUED PURSUANT TO THIS
SUBDIVISION SHALL BE SUBJECT TO THE SAME RULES AND REGULATIONS AS ARE
APPLICABLE TO THE SALE OF WINE AT RETAIL FOR CONSUMPTION OFF THE PREM-
ISES OF A WINERY LICENSEE OR A FARM WINERY LICENSEE.
FOR PURPOSES OF THIS SUBDIVISION, NEW YORK STATE LABELLED WINE SHALL
MEAN WINE MADE FROM GRAPES, AT LEAST SEVENTY-FIVE PERCENT THE VOLUME OF
WHICH WERE GROWN IN NEW YORK STATE.
5. NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, A SPECIAL
WINERY LICENSEE OR A SPECIAL FARM WINERY LICENSEE MAY APPLY TO THE
LIQUOR AUTHORITY FOR A PERMIT TO SELL NEW YORK STATE LABELLED WINE, BY
THE BOTTLE, AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARM-
ERS' MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS. AS A CONDITION OF THE
PERMIT, A REPRESENTATIVE FROM THE WINERY MUST BE PRESENT AT THE TIME OF
SALE.
A. 927 10
6. ANY SPECIAL FARM WINERY LICENSEE LICENSED PURSUANT TO THIS SECTION
IS AUTHORIZED TO ENGAGE IN WHAT IS COMMONLY KNOWN AS WINE BY WIRE
SERVICES WHEREBY A SPECIAL FARM WINERY LICENSEE WITHIN THE STATE MAY
MAKE DELIVERIES ON BEHALF OF OTHER WINERIES WITHIN THE STATE.
7. THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-F OF THIS ARTICLE
RELATING TO THE MANUFACTURE AND SALE OF WINE IN BULK SHALL ALSO APPLY AS
FAR AS PRACTICABLE TO THE HOLDER OF A LICENSE UNDER THIS SECTION.
S 224-E. SPECIAL FARM WINERY LICENSE. 1. ANY PERSON MAY APPLY TO THE
COMMISSIONER FOR A SPECIAL FARM WINERY LICENSE TO OPERATE ON THE PREM-
ISES OF AN EXISTING LICENSEE AS PROVIDED FOR IN THIS ARTICLE. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH
INFORMATION AS THE COMMISSIONER SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE
FOR SUCH LICENSE. IF THE COMMISSIONER SHALL GRANT THE APPLICATION, THE
COMMISSIONER SHALL ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED
BY THE COMMISSIONER'S RULES.
2. A SPECIAL FARM WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO
OPERATE A FARM WINERY UPON THE PREEXISTING LICENSED PREMISES OF ANOTHER
FARM WINERY OR WINERY LICENSEE. SUCH LICENSE SHALL AUTHORIZE THE HOLDER
THEREOF TO ALL THE OPERATING PRIVILEGES PROVIDED IN SECTIONS TWO HUNDRED
TWENTY-FOUR-B AND TWO HUNDRED TWENTY-FOUR-D OF THIS ARTICLE SO FAR AS
APPLICABLE TO SUCH LICENSEE.
S 224-F. SALE OF WINE IN BULK. 1. A WINERY LICENSE SHALL AUTHORIZE THE
HOLDER THEREOF TO OPERATE A WINERY FOR THE MANUFACTURE OF WINE AT THE
PREMISES SPECIFICALLY DESIGNATED IN THE LICENSE AND TO RECEIVE AND
POSSESS WINE FROM OTHER STATES CONSIGNED TO A UNITED STATES GOVERNMENT
BONDED WINERY, WAREHOUSE OR STOREROOM LOCATED WITHIN THE STATE. SUCH A
LICENSE SHALL ALSO AUTHORIZE THE SALE IN BULK BY SUCH LICENSEE FROM THE
LICENSED PREMISES OF THE PRODUCTS MANUFACTURED UNDER SUCH LICENSE AND
WINE RECEIVED BY SUCH LICENSEE FROM ANY OTHER STATE TO ANY WINERY LICEN-
SEE OR TO A PERMITTEE ENGAGED IN THE MANUFACTURER OF PRODUCTS WHICH ARE
UNFIT FOR BEVERAGE USE AND TO SELL OR DELIVER SUCH WINE TO PERSONS
OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH SALE OR
DELIVERY. IT SHALL ALSO AUTHORIZE THE HOLDERS THEREOF TO SELL FROM THE
LICENSED PREMISES TO A LICENSED WHOLESALER OR RETAILER, OR TO A CORPO-
RATION OPERATING RAILROAD CARS OR AIRCRAFT FOR CONSUMPTION ON SUCH
CARRIERS, WINE MANUFACTURED OR RECEIVED BY THE LICENSEE AS ABOVE SET
FORTH IN THE ORIGINAL SEALED CONTAINERS OF NOT MORE THAN FIFTEEN GALLONS
EACH AND TO SELL OR DELIVER SUCH WINE TO PERSONS OUTSIDE THE STATE
PURSUANT TO THE LAWS OF THE PLACE OF SUCH SALE OR DELIVERY. ALL WINE
SOLD BY SUCH LICENSEE SHALL BE SECURELY SEALED AND HAVE ATTACHED THERETO
A LABEL SETTING FORTH SUCH INFORMATION AS SHALL BE REQUIRED BY THIS
ARTICLE.
2. NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, AND UPON
PAYMENT TO THE COMMISSIONER OF AN ADDITIONAL ANNUAL FEE OF ONE HUNDRED
TWENTY-FIVE DOLLARS, THE COMMISSIONER MAY IN HIS OR HER DISCRETION AND
UPON SUCH TERMS AND CONDITIONS AS HE OR SHE MAY PRESCRIBE, ISSUE TO A
LICENSED WINERY UPON APPLICATION THEREFOR A CERTIFICATE AUTHORIZING SUCH
WINERY TO SELL WINE AT RETAIL IN SEALED CONTAINERS TO A REGULARLY ORGAN-
IZED CHURCH, SYNAGOGUE OR RELIGIOUS ORGANIZATION FOR SACRAMENTAL
PURPOSES, AND TO A HOUSEHOLDER FOR CONSUMPTION IN HIS OR HER HOME.
3. (A) A LICENSED WINERY MAY MANUFACTURE, BOTTLE AND SELL FRUIT JUICE,
FRUIT JELLIES AND FRUIT PRESERVES, TONICS, SALAD DRESSINGS AND UNPOTABLE
WINE SAUCES ON AND FROM LICENSED PREMISES.
A. 927 11
(B) SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL
GIFT ITEMS IN A TAX-PAID ROOM UPON THE LICENSED PREMISES. THESE GIFT
ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
(I) NON-ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES,
INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES.
(II) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING WINE TASTINGS, SHALL
MEAN A DIVERSIFIED SELECTION OF FOOD WHICH IS ORDINARILY CONSUMED WITH-
OUT THE USE OF TABLEWARE AND CAN CONVENIENTLY BE CONSUMED WHILE STANDING
OR WALKING. SUCH FOOD ITEMS SHALL INCLUDE BUT NOT BE LIMITED TO: CHEES-
ES, FRUITS, VEGETABLES, CHOCOLATES, BREADS AND CRACKERS.
(III) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCT FARM PRODUCTS
AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR IMMEDIATE
CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED INTO A
PACKAGE CONTAINING WINE OR A WINE PRODUCT.
(IV) WINE SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM
UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF WINE OR FOR DECORA-
TIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE
COMBINED INTO A PACKAGE CONTAINING WINE OR A WINE PRODUCT.
(V) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.
(VI) NEW YORK STATE LABELED WINE PRODUCED OR MANUFACTURED BY ANY OTHER
NEW YORK WINERY OR FARM WINERY LICENSEE. SUCH WINE MAY BE PURCHASED
OUTRIGHT BY THE LICENSEE FROM A NEW YORK WINERY OR FARM WINERY LICENSEE
OR OBTAINED ON A CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREEMENT
BETWEEN THE SELLING AND PURCHASING LICENSEE.
(C) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY
WINERY LICENSEE OR FARM WINERY LICENSEE MAY CHARGE:
(I) FOR TOURS OF THEIR PREMISES; AND
(II) FOR ANY WINE TASTING.
(D) WINE GRAPE GROWERS OR WINE PRODUCER ORGANIZATIONS OR ASSOCIATIONS,
INCORPORATED WITHIN THE STATE FOR THE PURPOSE OF WINE OR WINE GRAPE
PROMOTION MAY HOLD WINE TASTINGS FOR PURPOSES OF EDUCATION IN THE
PRODUCTION AND PROPER USE OF WINE PRODUCTS UNDER THE SAME RULES APPLYING
TO WINERY LICENSEES.
(E) THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
(F) A LICENSED WINERY MAY ENGAGE IN ANY OTHER BUSINESS ON THE LICENSED
PREMISES SUBJECT TO SUCH RULES AND REGULATIONS AS THE COMMISSIONER MAY
PRESCRIBE. IN PRESCRIBING SUCH RULES AND REGULATIONS, THE COMMISSIONER
SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF WINE PRODUCTION AND OF
TOURISM IN NEW YORK, THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND
ENHANCEMENT OF NEW YORK STATE AGRICULTURAL LANDS. FURTHER, SUCH RULES
AND REGULATIONS SHALL DETERMINE WHICH BUSINESSES WILL BE COMPATIBLE WITH
THE POLICY AND PURPOSES OF THIS CHAPTER AND SHALL CONSIDER THE EFFECT OF
PARTICULAR BUSINESSES ON THE COMMUNITY AND AREAS IN THE VICINITY OF THE
WINERY LICENSEE.
4. A LICENSED WINERY SHALL BE PERMITTED TO REMAIN OPEN FOR THE
PURPOSES OF SELLING ITS PRODUCTS, IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISIONS TWO AND THREE OF THIS SECTION, AND/OR OF CONDUCTING PUBLIC
TOURS OF ITS WINERY AND/OR TO SELL NEW YORK STATE LABELLED WINE, BY THE
BOTTLE, AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS'
MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE ON
SUNDAY BETWEEN THE HOURS OF TEN O'CLOCK IN THE MORNING AND MIDNIGHT.
A. 927 12
THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
S 224-G. WHOLESALER'S WINE LICENSE. 1. THE PROCEDURE CONTAINED IN
SECTION SIXTY-TWO OF THE ALCOHOLIC BEVERAGE CONTROL LAW SHALL APPLY SO
FAR AS APPLICABLE TO APPLICATIONS FOR A WHOLESALER'S WINE LICENSE. SUCH
LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES AND IN FORM
AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON THEREIN SPECIFICALLY
DESIGNATED TO SELL WINE AT WHOLESALE IN THE PREMISES THEREIN SPECIF-
ICALLY LICENSED IN THE ORIGINAL SEALED CONTAINERS OF NOT MORE THAN
FIFTEEN GALLONS EACH TO DULY LICENSED MANUFACTURERS, WHOLESALERS,
RETAILERS AND PERMITTEES IN THIS STATE, AND TO SELL OR DELIVER SUCH WINE
TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF THE PLACE OF SUCH
SALE OR DELIVERY.
2. UPON PAYMENT TO THE COMMISSIONER OF AN ADDITIONAL ANNUAL FEE OF ONE
HUNDRED TWENTY-FIVE DOLLARS, THE COMMISSIONER MAY IN HIS OR HER
DISCRETION AND UPON SUCH TERMS AND CONDITIONS AS THE COMMISSIONER MAY
PRESCRIBE, ISSUE TO A WHOLESALE WINE LICENSEE UPON APPLICATION THEREFOR
A CERTIFICATE AUTHORIZING SUCH WHOLESALER TO SELL WINE AT RETAIL IN
SEALED CONTAINERS TO A REGULARLY ORGANIZED CHURCH, SYNAGOGUE OR RELI-
GIOUS ORGANIZATION FOR SACRAMENTAL PURPOSES.
S 224-H. SEVEN DAY LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION OFF
THE PREMISES. 1. THE PROCEDURE SET FORTH IN SECTION SIXTY-THREE OF THE
ALCOHOLIC BEVERAGE CONTROL LAW SHALL APPLY SO FAR AS APPLICABLE TO
APPLICATIONS FOR SEVEN DAY LICENSES TO SELL WINE AT RETAIL FOR OFF-PREM-
ISE CONSUMPTION. SUCH SEVEN DAY LICENSE SHALL IN FORM AND IN SUBSTANCE
BE A LICENSE TO THE PERSON SPECIFICALLY LICENSED TO SELL WINE AT RETAIL
FOR OFF-PREMISE CONSUMPTION.
2. THE LIQUOR AUTHORITY SHALL CONVERT ALL CURRENT LICENSES TO SELL
WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES TO SEVEN DAY LICENSE TO
SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SUBDI-
VISION THREE OF SECTION TWO HUNDRED TWENTY-FOUR OF THIS ARTICLE. HOWEV-
ER, THE CONVERSION OF THE LICENSE TO THE SEVEN DAY LICENSE SHALL NOT
AFFECT LICENSES OTHER THAN LICENSES ISSUED PURSUANT TO SUBDIVISION THREE
OF SECTION TWO HUNDRED TWENTY-FOUR OF THIS ARTICLE PRIOR TO THE EFFEC-
TIVE DATE OF PART W3 OF CHAPTER SIXTY-TWO OF THE LAWS OF TWO THOUSAND
THREE.
3. NOT MORE THAN ONE LICENSE SHALL BE GRANTED TO ANY PERSON UNDER THIS
SECTION.
4. NO LICENSEE UNDER THIS SECTION SHALL BE ENGAGED IN ANY OTHER BUSI-
NESS IN THE PREMISES LICENSED. THE SALE OF THOSE ITEMS SPECIFICALLY
ENUMERATED IN SUBDIVISION FOUR OF SECTION SIXTY-THREE OF THE ALCOHOLIC
BEVERAGE CONTROL LAW SHALL NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS
WITHIN THE MEANING OF THIS SUBDIVISION.
5. DETERMINATIONS UNDER THIS SECTION WITH RESPECT TO THE ISSUANCE OF A
NEW LICENSE OR UNDER SECTION ONE HUNDRED ELEVEN OF THE ALCOHOLIC BEVER-
AGE CONTROL LAW WITH RESPECT OF THE TRANSFER TO ANY OTHER PREMISES OF A
LICENSE ISSUED HEREUNDER SHALL BE MADE IN ACCORDANCE WITH PUBLIC CONVEN-
IENCE AND ADVANTAGE.
S 225. AUTHORIZATION TO SELL WINE PRODUCTS BY CERTAIN LICENSEES FOR
CONSUMPTION OFF THE PREMISES. 1. ANY PERSON LICENSED TO SELL BEER AT
RETAIL FOR CONSUMPTION OFF THE PREMISES, PURSUANT TO SECTION FIFTY-FOUR
OF THE ALCOHOLIC BEVERAGE CONTROL LAW, SHALL, BY VIRTUE OF SUCH LICENSE
AND UPON PAYMENT TO THE COMMISSIONER OF AN ADDITIONAL FEE IN THE SUM OF
ONE HUNDRED SIXTY-FIVE DOLLARS IN CITIES HAVING A POPULATION OF ONE
HUNDRED THOUSAND OR OVER AND EIGHTY-THREE DOLLARS ELSEWHERE, BE GRANTED
AUTHORIZATION TO SELL FROM THE LICENSED PREMISES WINE PRODUCTS IN SEALED
A. 927 13
CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES. UPON RECEIPT OF SUCH ADDI-
TIONAL FEE, THE COMMISSIONER SHALL PROMPTLY ISSUE A PERMIT AUTHORIZING
SUCH SALES BY THE LICENSEE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY PERSON RECEIVING A
PERMIT PURSUANT TO THIS SECTION SHALL BE SUBJECT TO SUCH PROVISIONS OF
THE ALCOHOLIC BEVERAGE CONTROL LAW AS ARE APPLICABLE TO PERSONS LICENSED
PURSUANT TO SECTION FIFTY-FOUR OF SUCH LAW, AND NOT TO THOSE PROVISIONS
WHICH ARE APPLICABLE ONLY TO PERSONS LICENSED PURSUANT TO SECTION
SIXTY-THREE OF SUCH LAW AND SECTION TWO HUNDRED TWENTY-FOUR-H OF THIS
ARTICLE.
S 225-A. AUTHORIZATION TO SELL WINE PRODUCTS BY CERTAIN LICENSEES FOR
CONSUMPTION ON THE PREMISES. 1. ANY PERSON LICENSED TO SELL BEER AT
RETAIL FOR CONSUMPTION ON THE PREMISES, PURSUANT TO SECTION FIFTY-FIVE
OF THE ALCOHOLIC BEVERAGE CONTROL LAW, SHALL, BUT VIRTUE OF SUCH LICENSE
AND UPON PAYMENT TO THE COMMISSIONER OF AN ADDITIONAL FEE IN THE SUM OF
ONE HUNDRED NINETY-TWO DOLLARS IN CITIES HAVING A POPULATION OF ONE
HUNDRED THOUSAND OR OVER AND NINETY-SIX DOLLARS ELSEWHERE, BE GRANTED
AUTHORIZATION TO SELL FROM THE LICENSED PREMISES WINE PRODUCTS IN SEALED
CONTAINERS AT RETAIL FOR CONSUMPTION ON OR OFF SUCH PREMISES. UPON
RECEIPT OF SUCH ADDITIONAL FEE, THE COMMISSIONER SHALL PROMPTLY ISSUE A
PERMIT AUTHORIZING SUCH SALES BY THE LICENSEE.
2. ANY PERSON LICENSED TO SELL BEER AT RETAIL FOR CONSUMPTION ON THE
PREMISES, PURSUANT TO SECTION FIFTY-FIVE-A OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, SHALL, BY VIRTUE OF SUCH LICENSE AND UPON PAYMENT TO THE
COMMISSIONER OF AN ADDITIONAL FEE IN THE SUM OF ONE HUNDRED NINETY-TWO
DOLLARS IN CITIES HAVING A POPULATION OF ONE HUNDRED THOUSAND OR OVER
AND NINETY-SIX DOLLARS ELSEWHERE, BE GRANTED AUTHORIZATION TO SELL FROM
THE LICENSED PREMISES WINE PRODUCTS IN SEALED CONTAINERS AT RETAIL FOR
CONSUMPTION ON SUCH PREMISES. UPON RECEIPT OF SUCH ADDITIONAL FEE, THE
COMMISSIONER SHALL PROMPTLY ISSUE A PERMIT AUTHORIZING SUCH SALES BY THE
LICENSEE.
3. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW, ANY PERSON RECEIV-
ING A PERMIT PURSUANT TO THIS SECTION SHALL BE SUBJECT TO SUCH
PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL LAW AS ARE APPLICABLE TO
PERSONS LICENSED PURSUANT TO SECTION FIFTY-FIVE OF SUCH LAW, AND NOT TO
THOSE PROVISIONS WHICH ARE APPLICABLE ONLY TO PERSONS LICENSED PURSUANT
TO SECTION SIXTY-FOUR OF SUCH LAW AND SECTION TWO HUNDRED TWENTY-SIX OF
THIS ARTICLE.
S 226. WINE TASTING. ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS
ARTICLE OR SECTION SIXTY-THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW
SHALL BE PERMITTED TO CONDUCT WINE TASTINGS. WINE TASTINGS WHICH ARE
CONDUCTED UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY,
WINERY, WHOLESALER, OR IMPORTER AND WHERE SUCH AGENT IS PHYSICALLY PRES-
ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTING, THEN, IN THAT EVENT,
ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A WINE
TASTING AS AUTHORIZED PURSUANT TO THIS SECTION, AND IN ACCORDANCE WITH
THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS
LAW, SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
S 226-A. LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES. 1. THE PROCEDURE SET FORTH IN SECTION SIXTY-FOUR OF THE ALCOHOLIC
BEVERAGE CONTROL LAW SHALL APPLY SO FAR AS APPLICABLE TO APPLICATIONS
FOR LICENSES TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES,
EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON RECEIPT IN THE
CITY OF NEW YORK OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION, AN
APPLICATION FOR RENEWAL UNDER SECTION ONE HUNDRED NINE OF THE ALCOHOLIC
A. 927 14
BEVERAGE CONTROL LAW, OR AN APPLICATION FOR AN ALTERATION TO THE PREM-
ISES LICENSED FOR CONSUMPTION ON THE PREMISES UNDER SECTION
NINETY-NINE-D OF THE ALCOHOLIC BEVERAGE CONTROL LAW, THE APPLICANT SHALL
NOTIFY THE COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED OF THE NEW YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN
WHICH SUCH LICENSED PREMISES IS TO BE LOCATED BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE LICENSED PREMISES IS TO BE
LOCATED OR, IN THE CASE OF AN APPLICATION FOR RENEWAL, OR ALTERATION
WHERE IT IS PRESENTLY LOCATED NOT LESS THAN THIRTY DAYS PRIOR TO THE
SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS SECTION OR FOR A
RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THE ALCOHOLIC
BEVERAGE CONTROL LAW. SUCH COMMUNITY BOARD MAY EXPRESS AN OPINION FOR OR
AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED
PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION
TO GRANT OR DENY SUCH LICENSE.
3. NO SUCH LICENSE SHALL BE ISSUED TO ANY PERSON FOR ANY PREMISES
OTHER THAN PREMISES FOR WHICH A LICENSE MAY BE ISSUED UNDER SECTION
SIXTY-FOUR OF THE ALCOHOLIC BEVERAGE CONTROL LAW OR A HOTEL OR PREMISES
WHICH ARE KEPT, USED, MAINTAINED, ADVERTISED OR HELD OUT TO THE PUBLIC
TO BE A PLACE WHERE FOOD IS PREPARED AND SERVED FOR CONSUMPTION ON THE
PREMISES IN SUCH QUANTITIES AS TO SATISFY THE LIQUOR AUTHORITY THAT THE
SALE OF WINE INTENDED IS INCIDENTAL TO AND NOT THE PRIME SOURCE OF
REVENUE FROM THE OPERATION OF SUCH PREMISES. SUCH LICENSE MAY ALSO
INCLUDE SUCH SUITABLE SPACE OUTSIDE THE LICENSED PREMISES AND ADJOINING
IT AS MAY BE APPROVED BY THE COMMISSIONER.
4. SUCH LICENSE SHALL IN FORM AND IN SUBSTANCE BE A LICENSE TO THE
PERSON SPECIFICALLY LICENSED TO SELL WINE AT RETAIL, TO BE CONSUMED UPON
THE PREMISES.
5. A RESTAURANT LICENSED TO SELL WINE UNDER THIS SECTION MAY PERMIT A
PATRON TO REMOVE ONE UNSEALED BOTTLE OF WINE FOR OFF-PREMISES CONSUMP-
TION PROVIDED THAT THE PATRON HAS PURCHASED A FULL COURSE MEAL AND
CONSUMED A PORTION OF THE BOTTLE OF WINE WITH SUCH MEAL ON THE RESTAU-
RANT PREMISES. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "FULL
COURSE MEAL" SHALL MEAN A DIVERSIFIED SELECTION OF FOOD WHICH IS ORDI-
NARILY CONSUMED WITH THE USE OF TABLEWARE AND CANNOT CONVENIENTLY BE
CONSUMED WHILE STANDING OR WALKING. A PARTIALLY CONSUMED BOTTLE OF WINE
THAT IS TO BE REMOVED FROM THE PREMISES PURSUANT TO THIS SUBDIVISION
SHALL BE SECURELY SEALED BY THE LICENSEE OR AN AGENT OF THE LICENSEE
PRIOR TO REMOVAL FROM THE PREMISES, IN A BAG SUCH THAT IT IS VISIBLY
APPARENT THAT SUCH RESEALED BOTTLE OF WINE HAS NOT BEEN TAMPERED WITH.
SUCH LICENSEE OR AGENT OF THE LICENSEE SHALL PROVIDE A DATED RECEIPT FOR
THE BOTTLE OF WINE TO THE PATRON.
S 226-B. SPECIAL LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE
PREMISES. 1. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON
MAY MAKE AN APPLICATION TO THE APPROPRIATE BOARD FOR A SPECIAL LICENSE
TO SELL WINE AT RETAIL TO BE CONSUMED ON THE PREMISES WHERE SOLD.
2. SUCH SPECIAL LICENSE SHALL IN FORM AND IN SUBSTANCE BE A LICENSE TO
THE PERSON SPECIFICALLY LICENSED TO SELL WINE AT RETAIL TO BE CONSUMED
ON THE PREMISES SPECIFICALLY LICENSED.
3. THE PROVISIONS CONTAINED IN SUBDIVISIONS THREE, FOUR, SIX, EIGHT
AND NINE OF SECTION SIXTY-FOUR-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW
SHALL APPLY TO APPLICANTS FOR LICENSES UNDER THIS SECTION.
4. (A) NO SUCH LICENSE SHALL BE ISSUED TO ANY PERSON FOR ANY PREMISES
OTHER THAN PREMISES FOR WHICH A LICENSE MAY BE ISSUED UNDER SECTION
SIXTY-FOUR OF THE ALCOHOLIC BEVERAGE CONTROL LAW OR A HOTEL OR PREMISES
WHICH ARE KEPT, USED, MAINTAINED, ADVERTISED OR HELD OUT TO THE PUBLIC
A. 927 15
TO BE A PLACE WHERE FOOD IS PREPARED AND SERVED FOR CONSUMPTION ON THE
PREMISES IN SUCH QUANTITIES AS TO SATISFY THE COMMISSIONER THAT THE SALE
OF WINE INTENDED IS INCIDENTAL TO AND NOT THE PRIME SOURCE OF REVENUE
FROM THE OPERATION OF SUCH PREMISES. SUCH LICENSE MAY ALSO INCLUDE SUCH
SUITABLE SPACE OUTSIDE THE LICENSED PREMISES AND ADJOINING IT AS MAY BE
APPROVED BY THE COMMISSIONER.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A SPECIAL
ON-PREMISES LICENSE FOR A PREMISES IN WHICH THE PRINCIPAL BUSINESS SHALL
BE THE OPERATION OF A LEGITIMATE THEATER BY A CORPORATION ORGANIZED
PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW MAY BE GRANTED NOTWITH-
STANDING THE PROXIMITY OF SUCH PREMISES TO ANY SCHOOL, PROVIDED THAT THE
AVAILABILITY OF ALCOHOLIC BEVERAGES ON SUCH PREMISES SHALL NOT BE ADVER-
TISED IN ANY WAY AT SUCH PREMISES IN ANY MANNER VISIBLE FROM SUCH STREET
OR AVENUE.
S 226-C. PROHIBITED SALES. THE RESTRICTIONS CONTAINED IN SECTION
SIXTY-FIVE OF THE ALCOHOLIC BEVERAGE CONTROL LAW SHALL APPLY TO PERSONS
LICENSED TO SELL WINE AT RETAIL.
S 227. LICENSE FEES. 1. THE ANNUAL FEE FOR A WINERY LICENSE SHALL BE
SIX HUNDRED TWENTY-FIVE DOLLARS.
2. THE ANNUAL FEE FOR A FARM WINERY LICENSE SHALL BE ONE HUNDRED TWEN-
TY-FIVE DOLLARS.
3. THE FEE FOR A TEMPORARY WINERY OR FARM WINERY PERMIT SHALL BE ONE
HUNDRED TWENTY-FIVE DOLLARS.
4. THE ANNUAL FEE FOR A WINERY OR FARM WINERY LICENSEE'S AUTHORITY TO
CONDUCT WINE TASTINGS AND THE SALE OF NEW YORK STATE LABELLED WINES FOR
OFF-PREMISES CONSUMPTION PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE SHALL BE FORTY
DOLLARS.
5. THE ANNUAL FEE FOR A LICENSE TO SELL WINE AT WHOLESALE SHALL BE
EIGHT HUNDRED DOLLARS.
6. THE ANNUAL FEE FOR A LICENSE TO SELL WINE AT RETAIL, NOT TO BE
CONSUMED ON THE PREMISES, SHALL BE SIX HUNDRED FORTY DOLLARS FOR EACH
SUCH PLACE WHERE SUCH BUSINESS IS CARRIED ON IN CITIES HAVING A POPU-
LATION OF ONE MILLION OR MORE; IN CITIES HAVING LESS THAN ONE MILLION
POPULATION AND MORE THAN ONE HUNDRED THOUSAND, THREE HUNDRED TWENTY
DOLLARS; AND ELSEWHERE, THE SUM OF ONE HUNDRED FORTY-FIVE DOLLARS.
7. THE ANNUAL FEE FOR SELLING WINE AT RETAIL, TO BE CONSUMED ON THE
PREMISES WHERE SOLD, SHALL BE AS FOLLOWS:
(A) IN CITIES HAVING A POPULATION OF ONE HUNDRED THOUSAND OR OVER THE
SUM OF FOUR HUNDRED EIGHTY DOLLARS PER YEAR; AND
(B) ELSEWHERE, THE SUM OF TWO HUNDRED FORTY DOLLARS PER YEAR.
8. THE ANNUAL FEE FOR A LICENSE TO SELL WINE AT RETAIL TO BE CONSUMED
ON THE PREMISES WHERE SOLD WHERE THE PREMISES TO BE LICENSED REMAIN OPEN
ONLY WITHIN THE PERIOD COMMENCING APRIL FIRST AND ENDING OCTOBER THIR-
TY-FIRST OF ANY ONE YEAR OR ONLY WITHIN THE PERIOD COMMENCING OCTOBER
FIRST AND ENDING THE FOLLOWING APRIL THIRTIETH, THE LIQUOR AUTHORITY, IN
ITS DISCRETION, MAY GRANT A SUMMER OR WINTER LICENSE EFFECTIVE ONLY FOR
SUCH APPROPRIATE PERIOD OF TIME, FOR WHICH AN ANNUAL FEE OF ONE HUNDRED
TWELVE DOLLARS SHALL BE PAID.
9. THE ANNUAL FEE FOR A SPECIAL LICENSE TO SELL WINE AT RETAIL, TO BE
CONSUMED ON THE PREMISES WHERE SOLD, SHALL BE AS FOLLOWS:
(A) IN CITIES HAVING A POPULATION OF ONE HUNDRED THOUSAND OR OVER, THE
SUM OF FIVE HUNDRED SEVENTY-SIX DOLLARS PER YEAR; AND
(B) ELSEWHERE, THE SUM OF TWO HUNDRED SEVENTY DOLLARS PER YEAR.
10. THE ANNUAL FEE FOR A SPECIAL WINERY LICENSE SHALL BE SIX HUNDRED
TWENTY-FIVE DOLLARS.
A. 927 16
11. THE ANNUAL FEE FOR A SPECIAL FARM WINERY LICENSE SHALL BE ONE
HUNDRED TWENTY-FIVE DOLLARS.
S 227-A. LICENSE FEES; WHEN DUE AND PAYABLE; FEE FOR PART OF YEAR. THE
PROVISIONS CONTAINED IN SECTION SIXTY-SEVEN OF THE ALCOHOLIC BEVERAGE
CONTROL LAW SHALL APPLY TO ALL LICENSES ISSUED PURSUANT TO THIS ARTICLE.
S 228. PURCHASE FROM PRIVATE COLLECTION. NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS CHAPTER ANY NONLICENSED PERSON OWNING BOTTLED WINE IS
AUTHORIZED TO SELL THAT WINE TO A WHOLESALE OR RETAIL LICENSEE AUTHOR-
IZED TO SELL WINE. THE LICENSEE INVOLVED IN SUCH SALE SHALL ENSURE THAT
EACH BOTTLE OF WINE SOLD FROM A PRIVATE COLLECTION HAS A PERMANENTLY
AFFIXED LABEL STATING THAT THE WINE WAS ACQUIRED FROM A PRIVATE
COLLECTION.
S 229. RULES AND REGULATIONS. THE COMMISSIONER IS HEREBY AUTHORIZED TO
ENACT, AMEND AND REPEAL RULES AND REGULATIONS NECESSARY TO CARRY OUT AND
GIVE FULL FORCE AND EFFECT TO THE PROVISIONS OF THIS ARTICLE. THE
COMMISSIONER IS HEREBY AUTHORIZED TO ESTABLISH A UNIT, PURSUANT TO
SECTION NINE OF THIS CHAPTER, AS NECESSARY.
THE COMMISSIONER IS HEREBY AUTHORIZED TO ADOPT, INSOFAR AS APPROPRI-
ATE, THE REGULATIONS, FROM TIME TO TIME PROMULGATED UNDER SUCH FEDERAL
ACT OR ACTS, AND TO CHANGE OR AMEND THE REGULATIONS PROMULGATED UNDER
THIS CHAPTER SO AS TO CONFORM, INSOFAR AS APPROPRIATE, TO THOSE PROMUL-
GATED UNDER FEDERAL ACT OR ACTS AND ALL ACTS AMENDATORY THEREOF AND
SUPPLEMENTARY THERETO.
THE COMMISSIONER SHALL HOLD A PUBLIC HEARING UPON A PROPOSAL TO
PROMULGATE ANY NEW OR AMENDED REGULATIONS UNDER THIS ARTICLE, EXCEPT IN
THE CASE OF A PROPOSAL TO ADOPT APPLICABLE REGULATIONS PROMULGATED UNDER
THE FEDERAL ACT OR ACTS.
S 229-A. SEVERABILITY. IF ANY PROVISIONS OF THIS ARTICLE OR THE APPLI-
CATION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISIONS OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE DECLARED
TO BE SEVERABLE.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.