LBD12196-03-0
S. 8305 2
S 76. Winery license. 1. Any person may apply to the liquor authority
for a winery license as provided for in this article. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be accompa-
nied by a check or draft for the amount required by this article for
such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
2. A WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF:
(A) TO OPERATE A WINERY FOR THE MANUFACTURE OF WINE AT THE PREMISES
SPECIFICALLY DESIGNATED IN THE LICENSE;
(B) TO RECEIVE AND POSSESS WINE FROM OTHER STATES CONSIGNED TO A
UNITED STATES GOVERNMENT BONDED WINERY, WAREHOUSE OR STOREROOM LOCATED
WITHIN THE STATE;
(C) TO SELL IN BULK FROM THE LICENSED PREMISES THE PRODUCTS MANUFAC-
TURED UNDER SUCH LICENSE AND WINE RECEIVED BY SUCH LICENSEE FROM ANY
OTHER STATE TO ANY 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;
(D) 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, 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 CHAPTER; AND
(E) TO OPERATE, OR USE THE SERVICES OF, A CUSTOM CRUSH FACILITY AS
DEFINED IN SUBDIVISION NINE-A OF SECTION THREE OF THIS CHAPTER.
3. (a) Any person having applied for and received a license as a
winery [or farm winery] under this section [or section seventy-six-a of
this article] may conduct wine tastings of New York state labelled wines
in establishments licensed under [section] SECTIONS sixty-three AND
SECTION SEVENTY-NINE of this chapter to sell [alcoholic beverages] WINE
for off-premises consumption. Such winery [or farm winery] may charge a
fee for each wine sample tasted. The state liquor authority shall
promulgate rules and regulations regarding such tastings as provided for
in this subdivision.
(a-1) Any person having applied for and received a license as a winery
[or farm winery] under this section [or section seventy-six-a of this
article] may conduct wine tastings of New York state labelled wines and
apply to the liquor authority for a permit to sell wine produced by such
winery [or farm winery,] by the bottle, during such tastings in estab-
lishments licensed under section sixty-four, SECTION SIXTY-FOUR-A,
SECTION EIGHTY-ONE OR SECTION EIGHTY-ONE-A of this chapter to sell
[alcoholic beverages] WINE 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 state liquor authority shall promulgate
rules and regulations regarding such tastings as provided for in this
subdivision.
(b) 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
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(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.
(c)(i) Any person having applied for and received a license as a
winery [or farm winery] under this section or [section seventy-six-a 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 subdivision fourteen of
section one hundred five of this chapter, sponsored by a bona fide char-
itable 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 charter, certificate of incorporation,
constitution, or act of the legislature, 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) Upon application, the liquor authority shall issue [one or more
licenses] AN ANNUAL PERMIT authorizing such winery [or farm winery] to
participate in [no more than five] outdoor or indoor gatherings, func-
tions, occasions or events sponsored by a charitable organization [for
each such license]. The winery [or farm winery] must give THE AUTHORITY
written OR ELECTRONIC notice of the date, time and specific location of
each [of the five tastings authorized by a license to the authority]
TASTING at least fifteen days prior to [such tastings authorized by such
license] THE TASTING. A winery [or farm winery] that obtains a [license]
PERMIT 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 this chapter or any other permit to conduct such a tasting or to sell
wine by the bottle for off-premises consumption AT SUCH TASTINGS.
(iii) Such winery [or farm winery] may charge a fee for each wine
sample tasted. Tastings shall be conducted by an official agent, repre-
sentative or solicitor of such winery [or farm winery]. The state liquor
authority may promulgate rules and regulations regarding such tastings
as provided for in this subdivision.
[3.] 4. A licensed winery may apply to the liquor authority 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 consumption on the premises shall apply so far as applicable to such
application.
[3-a.] 4-A. Notwithstanding any other provision of law, any winery,
licensed pursuant to subdivision [three] FOUR 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 restaurant. 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.] 5. Notwithstanding any provision of this chapter to the contrary,
any one or more winery licensees [or farm winery licensees], singly or
jointly, may apply to the liquor authority for a license or licenses to
sell wine at retail for consumption off the premises. [The] FOR LICEN-
SEES APPLYING SINGLY, THE duration of such license shall be coextensive
with the duration of such licensee's winery license [or farm winery
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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 hold-
er thereof to sell at retail for consumption off the premises any New
York state labelled wine. Such license shall also entitle the holder
thereof to conduct winetastings and engage in any of the activities
authorized by paragraphs (a), (b) and (c) of subdivision four of section
seventy-seven 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 eighty-one-a of this article to sell wine at retail for consump-
tion on premises in which the principal business is the operation of a
legitimate theater or such other lawful adult entertainment or recre-
ational facility as the liquor authority may classify for eligibility
pursuant to subdivision six of section sixty-four-a of this chapter. Not
more than five such licenses shall be issued, EITHER SINGLY OR JOINTLY,
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 shall apply so far as applicable to such application. The
liquor authority 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].
[5.] 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.
[5.] 7. Notwithstanding any provision of this chapter to the contrary,
a licensed winery [or a licensed farm winery] 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 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.
[6.] 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.
[7.] 9. Notwithstanding any other provision of law to the contrary, a
licensed winery [or farm winery] may sell wine for consumption upon the
premises known as the New York state fairgrounds during the annual New
York state fair without obtaining any additional permission or payment
of any additional fee, provided that such winery applies for, is granted
and maintains a concessionaire's license from the division of the New
York state fair in the department of agriculture and markets and such
wine is sold and dispensed in amounts of ten ounces or less and further
provided that consumption of such wine shall be limited to and shall
occur upon such premises.
10. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, AND
UPON PAYMENT TO THE LIQUOR AUTHORITY OF AN ADDITIONAL ANNUAL FEE OF ONE
HUNDRED TWENTY-FIVE DOLLARS, THE LIQUOR AUTHORITY MAY IN ITS DISCRETION
AND UPON SUCH TERMS AND CONDITIONS AS IT MAY PRESCRIBE, ISSUE TO A
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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 HOME.
11. (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.
(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 COMPLIMENTING WINE TASTING 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 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 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) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY
WINERY LICENSEE MAY CHARGE:
(I) FOR TOURS OF ITS PREMISES; AND
(II) FOR ANY WINE TASTINGS.
(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 AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS 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 LIQUOR AUTHORITY
MAY PRESCRIBE. IN PRESCRIBING SUCH RULES AND REGULATIONS, THE LIQUOR
AUTHORITY SHALL PROMOTE THE EXPANSION AND PROFITABILITY OF WINE
PRODUCTION AND OF TOURISM IN NEW YORK, THEREBY PROMOTING THE CONSERVA-
TION, 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
AREA IN THE VICINITY OF THE WINERY LICENSEE.
12. A LICENSED WINERY SHALL BE PERMITTED TO REMAIN OPEN FOR THE
PURPOSES OF SELLING ITS PRODUCTS, IN ACCORDANCE WITH THE PROVISIONS OF
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SUBDIVISIONS TWO AND FOUR OF THIS SECTION, AND/OR CONDUCTING WINE TAST-
ING AT THE WINERY, AND/OR 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 THIS SECTION
ON SUNDAY BETWEEN THE HOURS OF TEN O'CLOCK IN THE MORNING AND MIDNIGHT.
THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
WINERY LICENSED PURSUANT TO THIS SECTION MAY ENGAGE IN CUSTOM WINE
PRODUCTION ALLOWING INDIVIDUALS TO ASSIST IN THE PRODUCTION OF WINE FOR
SALE FOR PERSONAL OR FAMILY USE, PROVIDED, HOWEVER, THAT (A) THE WINE
MUST BE PURCHASED BY THE INDIVIDUAL ASSISTING IN THE PRODUCTION OF SUCH
WINE; AND (B) THE OWNER, EMPLOYEE OR AGENT OF SUCH WINERY SHALL BE PRES-
ENT AT ALL TIMES DURING SUCH PRODUCTION.
S 3. Section 76-a of the alcoholic beverage control law is amended by
adding a new subdivision 2 to read as follows:
2. A FARM WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO:
(A) OPERATE A FARM WINERY FOR THE MANUFACTURE OF WINE OR CIDER AT THE
PREMISES SPECIFICALLY DESIGNATED IN THE LICENSE;
(B) SELL IN BULK FROM THE LICENSED PREMISES THE PRODUCTS MANUFACTURED
UNDER SUCH LICENSE TO ANY WINERY LICENSEE, ANY OTHER FARM WINERY LICEN-
SEE, 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;
(C) 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 OR CIDER MANUFACTURED BY THE LICENSEE AS ABOVE SET FORTH AND
TO SELL OR DELIVER SUCH WINE OR CIDER TO PERSONS OUTSIDE THE STATE
PURSUANT TO THE LAWS OF THE PLACE OF SUCH SALE OR DELIVERY. ALL WINE OR
CIDER 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 CHAPTER;
(D) OPERATE, OR USE THE SERVICES OF, A CUSTOM CRUSH FACILITY AS
DEFINED IN SUBDIVISION NINE-A OF SECTION THREE OF THIS CHAPTER;
(E) SELL CIDER AND WINE AT RETAIL FOR CONSUMPTION ON OR OFF THE PREM-
ISES;
(F) SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES OF A RESTAU-
RANT, 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, CONFER-
ENCE 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.
S 4. Subdivision 3 of section 76-a of the alcoholic beverage control
law is REPEALED and a new subdivision 3 is added to read as follows:
3. (A) ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE AS A FARM
WINERY UNDER THIS SECTION MAY CONDUCT WINE TASTINGS OF NEW YORK STATE
LABELLED WINES IN ESTABLISHMENTS LICENSED UNDER SECTION SIXTY-THREE OF
THIS CHAPTER AND SECTION SEVENTY-NINE OF THIS ARTICLE TO SELL WINE FOR
OFF-PREMISES CONSUMPTION. SUCH FARM WINERY MAY CHARGE A FEE FOR EACH
WINE SAMPLE TASTED. THE STATE LIQUOR AUTHORITY SHALL PROMULGATE RULES
AND REGULATIONS REGARDING SUCH TASTINGS AS PROVIDED FOR IN THIS SUBDIVI-
SION.
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(B) ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE AS A FARM
WINERY UNDER THIS SECTION MAY CONDUCT WINE TASTINGS OF NEW YORK STATE
LABELLED WINES AND APPLY TO THE LIQUOR AUTHORITY FOR A PERMIT TO SELL
WINE PRODUCED BY SUCH FARM WINERY, BY THE BOTTLE, DURING SUCH TASTINGS
IN ESTABLISHMENTS LICENSED UNDER SECTIONS SIXTY-FOUR AND SIXTY-FOUR-A OF
THIS CHAPTER AND SECTION EIGHTY-ONE OR SECTION EIGHTY-ONE-A OF THIS
ARTICLE TO SELL WINE FOR CONSUMPTION ON THE PREMISES. SUCH FARM WINERY
MAY CHARGE A FEE OF NO MORE THAN TWENTY-FIVE CENTS FOR EACH WINE SAMPLE
TASTED. THE STATE LIQUOR AUTHORITY SHALL PROMULGATE RULES AND REGU-
LATIONS REGARDING SUCH TASTINGS AS PROVIDED FOR IN THIS SUBDIVISION.
(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 FARM WINERIES. SUCH AGENT, REPRESEN-
TATIVE 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.
(D) (I) ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE AS A FARM
WINERY UNDER THIS SECTION 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 THIS CHAPTER, SPONSORED BY
A BONA FIDE CHARITABLE ORGANIZATION. FOR THE PURPOSES OF THIS PARAGRAPH,
A BONA FIDE CHARITABLE ORGANIZATION SHALL MEAN AND INCLUDE ANY BOND FIDE
RELIGIOUS OR CHARITABLE ORGANIZATION OR BONA FIDE EDUCATIONAL, FRATERNAL
OR SERVICE ORGANIZATION OR BONA FIDE ORGANIZATION OF VETERANS OR VOLUN-
TEER FIREFIGHTERS, WHICH BY ITS CHARTER, CERTIFICATE OF INCORPORATION,
CONSTITUTION, OR ACT OF THE LEGISLATURE, 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) UPON APPLICATION, THE LIQUOR AUTHORITY SHALL ISSUE AN ANNUAL
PERMIT AUTHORIZING SUCH FARM WINERY TO PARTICIPATE IN SUCH OUTDOOR OR
INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS SPONSORED BY A CHARI-
TABLE ORGANIZATION. THE FARM WINERY MUST GIVE THE AUTHORITY WRITTEN OR
ELECTRONIC NOTICE OF THE DATE, TIME AND SPECIFIC LOCATION OF EACH TAST-
ING AT LEAST FIFTEEN DAYS PRIOR TO THE TASTING. A FARM WINERY THAT
OBTAINS A PERMIT TO CONDUCT SUCH WINE TASTINGS DOES NOT NEED TO APPLY
FOR OR OBTAIN A TEMPORARY BEER OR WINE PERMIT PURSUANT TO SECTION NINE-
TY-SEVEN OF THIS CHAPTER OR ANY OTHER PERMIT TO CONDUCT SUCH A TASTING
OR TO SELL WINE BY THE BOTTLE FOR OFF-PREMISES CONSUMPTION AT SUCH TAST-
INGS.
(III) SUCH FARM WINERY MAY CHARGE A FEE FOR EACH WINE SAMPLE TASTED.
TASTINGS SHALL BE CONDUCTED BY AN OFFICIAL AGENT, REPRESENTATIVE OR
SOLICITOR OF SUCH FARM WINERY. THE STATE LIQUOR AUTHORITY MAY PROMULGATE
RULE AND REGULATIONS REGARDING SUCH TASTINGS AS PROVIDED IN THIS SUBDI-
VISION.
S 5. Subdivision 3-a of section 76-a of the alcoholic beverage control
law, as added by chapter 304 of the laws of 2004, is amended to read as
follows:
3-a. Notwithstanding any other provision of law, any farm winery,
licensed pursuant to subdivision [three] TWO of this section to sell
wine at retail for consumption on the premises in a restaurant, confer-
ence center, inn, bed and breakfast or hotel business owned and operated
S. 8305 8
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.
S 6. Subdivision 4 of section 76-a of the alcoholic beverage control
law is amended by adding a new paragraph (e) to read as follows:
(E) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, ANY
FARM WINERY LICENSEE MAY CHARGE:
(I) FOR TOURS OF ITS PREMISES; AND
(II) FOR ANY WINE TASTINGS.
S 7. Subdivision 7 of section 76-a of the alcoholic beverage control
law is renumbered subdivision 8.
S 8. Section 76-a of the alcoholic beverage control law is amended by
adding two new subdivisions 7 and 9 to read as follows:
7. THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION MAY OPERATE UP TO
FIVE BRANCH OFFICES LOCATED AWAY FROM THE LICENSED FARM WINERY. SUCH
LOCATIONS, ALTHOUGH NOT REQUIRED TO BE ON A FARM, SHALL BE CONSIDERED
PART OF THE LICENSED PREMISES AND ALL ACTIVITIES ALLOWED AT THE FARM
WINERY MAY BE CONDUCTED AT THE BRANCH OFFICES. PRIOR TO COMMENCING OPER-
ATION OF ANY SUCH BRANCH OFFICE, THE LICENSEE SHALL NOTIFY THE AUTHORITY
OF THE LOCATION OF SUCH BRANCH OFFICE AND THE AUTHORITY SHALL ISSUE A
PERMIT FOR THE OPERATION OF SAME. SUCH BRANCH OFFICES SHALL NOT BE
SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF SECTION
SEVENTY-NINE OF THIS ARTICLE OR THE PROVISIONS OF SUBDIVISIONS TWO AND
THREE, AND PARAGRAPHS (B) AND (C) OF SUBDIVISION TEN OF SECTION ONE
HUNDRED FIVE OF THIS CHAPTER.
9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A FARM
WINERY LICENSED PURSUANT TO THIS SECTION MAY ENGAGE IN CUSTOM WINE
PRODUCTION ALLOWING INDIVIDUALS TO ASSIST IN THE PRODUCTION OF WINE FOR
SALE FOR PERSONAL OR FAMILY USE, PROVIDED, HOWEVER, THAT (A) THE WINE
MUST BE PURCHASED BY THE INDIVIDUAL ASSISTING IN THE PRODUCTION OF SUCH
WINE; AND (B) THE OWNER, EMPLOYEE OR AGENT OF SUCH WINERY SHALL BE PRES-
ENT AT ALL TIMES DURING SUCH PRODUCTION.
S 9. Section 76-b of the alcoholic beverage control law, as added by
chapter 332 of the laws of 1993 and subdivision 1 as amended by chapter
361 of the laws of 1994, is amended to read as follows:
S 76-b. Temporary winery or farm winery permit. 1. Any person may
apply to the liquor authority for a temporary [winery or farm winery
permit] PERMIT TO OPERATE A WINERY, FARM WINERY, SPECIAL WINERY, OR
SPECIAL FARM WINERY. Such application shall be in writing and verified
and shall contain information as the liquor authority 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], FARM WINERY, SPECIAL WINERY, OR
SPECIAL FARM WINERY license to such applicant.
2. Upon application, the liquor authority shall issue [a] SUCH tempo-
rary [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], FARM WINERY, SPECIAL
WINERY, OR SPECIAL FARM WINERY license application pending before the
liquor authority, 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
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(b) is in good faith negotiating with or has entered into an agreement
with a winery [or farm winery], FARM WINERY, SPECIAL WINERY, OR SPECIAL
FARM WINERY licensee to purchase, obtain or acquire part or full owner-
ship rights in the assets or stock of [an existing and operating winery
facility] SUCH EXISTING LICENSEE; or
(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 liquor authority 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], FARM WINERY, SPECIAL WINERY, OR
SPECIAL FARM WINERY license.
(c) the applicant has substantially complied with the requirements
necessary to obtain [a winery or farm winery] SUCH license.
(d) upon issuance of the temporary permit, the [winery or farm winery]
EXISTING license for said premises shall have been surrendered TO, OR
PLACED into safekeeping WITH, THE AUTHORITY pursuant to rules of the
liquor authority.
[(e) the applicant for the temporary permit shall have filed concur-
rently with the liquor authority 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
liquor authority within forty-five days after the receipt of such appli-
cation.
5. A temporary [winery or farm winery] permit shall authorize the
holder thereof to operate a winery [or], farm winery, SPECIAL WINERY, OR
SPECIAL 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] THE permit to conduct any of the activities permitted,
respectively, by [section] SECTIONS seventy-six, [section] seventy-six-a
[or seventy-seven], SEVENTY-SIX-C OR SEVENTY-SIX-D of this [chapter]
ARTICLE.
6. Such temporary permit shall remain in effect for six months or
until the permittee is issued a permanent winery [or], farm winery,
SPECIAL WINERY, OR SPECIAL FARM WINERY license, whichever is shorter.
Such permit may be extended at the discretion of the authority for [an]
additional three month [period] PERIODS of time upon payment of an addi-
tional fee of fifty dollars FOR EACH SUCH EXTENSION. Notwithstanding
any other provision of law, a temporary permit may be summarily
cancelled or suspended at any time if the liquor authority determines
that good cause for such cancellation or suspension exists. The liquor
authority 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 liquor authority 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 10. Subdivisions 2, 3, 4, 5, 6 and 7 of section 76-c of the alcohol-
ic beverage control law are REPEALED and subdivision 1, as amended by
chapter 361 of the laws of 1994 is amended and a new subdivision 2 is
added to read as follows:
S. 8305 10
1. Any person may apply to the liquor authority for a license to oper-
ate a SPECIAL winery on the premises of [a] AN EXISTING winery licensee.
Such application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the liquor authority shall grant the appli-
cation it shall issue a license in such form as shall be determined by
its rules.
2. THE PROVISIONS OF SECTION SEVENTY-SIX OF THIS ARTICLE RELATING TO
THE OPERATION OF A WINERY SHALL ALSO APPLY TO THE HOLDER OF A LICENSE
UNDER THIS SECTION.
S 11. Subdivision 1 of section 76-d of the alcoholic beverage control
law, as amended by chapter 361 of the laws of 1994, is amended and
subdivision 2 is REPEALED and a new subdivision 2 is added to read as
follows:
1. Any person may apply to the liquor authority [for] TO OPERATE a
special farm winery [license to operate] on the premises of an existing
FARM WINERY licensee as provided for in this article. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be accompa-
nied by a check or draft for the amount required by this article for
such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
2. THE PROVISIONS OF SECTION SEVENTY-SIX-A OF THIS ARTICLE RELATING TO
THE OPERATION OF A FARM WINERY SHALL ALSO APPLY TO THE HOLDER OF A
LICENSE UNDER THIS SECTION.
S 12. Section 76-f of the alcoholic beverage control law is REPEALED.
S 13. Section 77 of the alcoholic beverage control law is REPEALED.
S 14. Subdivisions 2 and 3 of section 79-c of the alcoholic beverage
control law, as amended by chapter 184 of the laws of 2005, are amended
to read as follows:
2. License. Before sending any shipment hereunder to a resident in
this state, the out-of-state shipper shall first obtain a license from
the [New York state liquor] authority under procedures prescribed by
rules and regulations of the authority and after providing the authority
with a true copy of its current license to manufacture wine in the
applicant's state of domicile along with a copy of the applicant's
federal basic permit after payment of an annual fee of one hundred twen-
ty-five dollars. Notwithstanding the provisions of section one hundred
ten of this chapter, the authority in its discretion, may excuse an
out-of-state winery from the submission of such information. [Such rules
or regulations shall provide for the collection and annual reporting of
information by such out-of-state shipper which at a minimum, shall
include:
(a) the name of the purchaser;
(b) the full mailing address of the purchaser including zip code;
(c) the name, total quantity, and total price of wine purchased;
(d) the date purchased;
(e) the name and address of the transporter; and
(f) the signature of the person filing the report.]
3. Licensee's responsibilities. The holder of an out-of-state direct
shipper's license shall:
(a) ship no more than thirty-six cases (no more than nine liters each
case) per year of wine produced by such license holder directly to a New
York state resident who is at least twenty-one years of age, for such
resident's personal use and not for resale;
S. 8305 11
(b) ensure that the outside of each shipping container used to ship
wine directly to a New York resident is conspicuously labeled with the
words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
FOR DELIVERY - NOT FOR RESALE," or with other language specifically
approved by the New York state liquor authority;
(c) [report to the authority semi-annually,] MAINTAIN RECORDS in such
manner and form as the authority may direct, SHOWING the total amount of
wine shipped into the state [the preceding] EACH calendar year; the
names and addresses of the purchasers to whom the wine was shipped, the
date purchased, the name of the common carrier used to deliver the wine,
and the quantity and value of each shipment;
(d) in connection with the acceptance of an order for a delivery of
wine to a New York resident, require the prospective customer to repre-
sent that he or she has attained the age of twenty-one years or more and
that the wine being purchased will not be resold or introduced into
commerce;
(e) require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgement of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by subparagraph (i) of this paragraph;
(f) file returns with and pay to the New York state department of
taxation and finance all state and local sales taxes and excise taxes
due on sales into this state in accordance with the applicable
provisions of the tax law relating to such taxes, the amount of such
taxes to be determined on the basis that each sale in this state was at
the location where delivery is made;
(g) keep ALL records REQUIRED BY THIS SECTION for three years and
PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHORITY
OR THE DEPARTMENT OF TAXATION AND FINANCE;
(H) permit the authority or the department of taxation and finance to
perform an audit of such out-of-state shipper upon request;
[(h)] (I) execute a written consent to the jurisdiction of this state,
its agencies and instrumentalities and the courts of this state concern-
ing enforcement of this section and any related laws, rules, or regu-
lations, including tax laws, rules or regulations; and
[(i)] (J) prior to obtaining an out-of-state direct shipper's license,
obtain a certificate of authority pursuant to section eleven hundred
thirty-four of the tax law and a registration as a distributor pursuant
to sections four hundred twenty-one and four hundred twenty-two of the
tax law.
S 15. Paragraph (c) of subdivision 1 of section 79-d of the alcoholic
beverage control law, as amended by chapter 184 of the laws of 2005, is
amended to read as follows:
(c) [report to the authority annually,] MAINTAIN RECORDS in such
manner and form as the authority may direct SHOWING the total amount of
wine shipped in the state [the preceding] EACH calendar year, the names
and addresses of the purchasers to whom the wine was shipped, the date
purchased, the name of the common carrier used to deliver the wine, and
the quantity and value of each shipment. SUCH RECORDS SHALL BE KEPT FOR
S. 8305 12
THREE YEARS AND, UPON WRITTEN REQUEST, BE PROVIDED TO THE AUTHORITY OR
THE DEPARTMENT OF TAXATION AND FINANCE;
S 16. Section 80 of the alcoholic beverage control law, as added by
chapter 458 of the laws of 1993, is amended to read as follows:
S 80. Wine tasting. [Any] 1. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS
CHAPTER, ANY person licensed to sell wine pursuant to this article, or
section sixty-three OR SECTION SEVENTY-NINE of this chapter, shall be
permitted to conduct wine tastings ONLY UPON THE LICENSED PREMISES.
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 present at all times during the conduct of the tast-
ing, then, in that event, 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 obli-
gations law, shall accrue to the farm winery, winery, wholesaler, or
importer.
2. IN ADDITION TO SUCH OTHER WINE TASTINGS PERMITTED UNDER THIS CHAP-
TER, LICENSED FARM WINERIES, WINERIES, AND WINE WHOLESALERS MAY APPLY
FOR A PERMIT, PURSUANT TO PARAGRAPH K OF SUBDIVISION ONE OF SECTION
NINETY-NINE-B OF THIS CHAPTER, TO CONDUCT WINE TASTINGS. SUCH PERMITS
SHALL BE VALID THROUGHOUT THE STATE AND MAY BE ISSUED ON AN ANNUAL BASIS
OR FOR INDIVIDUAL EVENTS. EACH SUCH PERMIT AND THE EXERCISE OF THE PRIV-
ILEGE GRANTED THEREBY SHALL BE SUBJECT TO SUCH RULES OF THE LIQUOR
AUTHORITY AS IT DEEMS NECESSARY.
S 17. Subdivision 1-a of section 83 of the alcoholic beverage control
law, as amended by section 7 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
1-a. The annual fee for a farm winery license shall be one hundred
twenty-five dollars, PROVIDED THAT THE ANNUAL FEE FOR A FARM WINERY
MANUFACTURING NO MORE THAN FIFTEEN HUNDRED FINISHED GALLONS OF WINE
ANNUALLY SHALL BE FIFTY DOLLARS.
S 18. Subdivision 1-c of section 83 of the alcoholic beverage control
law is REPEALED.
S 19. Subdivision 7 of section 103 of the alcoholic beverage control
law, as amended by chapter 162 of the laws of 1969, is amended to read
as follows:
7. Each manufacturer shall keep and maintain upon the licensed prem-
ises, adequate books and records of all transactions involving the manu-
facture and sale of his or its products, which shall show the ingredi-
ents but not the formula or recipe used in the manufacture of such
alcoholic beverages together with the quantity of alcoholic beverages
manufactured by such manufacturer; the names, addresses, and the license
numbers of the purchasers of such alcoholic beverages, together with the
quantities involved in such purchases, whether the same shall be sold
within or without the state. Each sale shall be recorded separately on
a numbered invoice, which shall have printed thereon the number, the
name of the licensee, the address of the licensed premises, and the
current license number. Such manufacturer shall deliver to the purchas-
er a true duplicate invoice stating the name and address of the purchas-
er, the quantity of alcoholic beverages, description by brands and the
price of such alcoholic beverages, and a true, accurate and complete
statement of the terms and conditions on which such sale is made. Any
terms and conditions of a sale not stated on said invoice shall consti-
tute a service within the meaning of PARAGRAPH (C) OF SUBDIVISION ONE OF
section one hundred [and] one[, subdivision one (c)] of this [chapter]
ARTICLE. Such books, records and invoices shall be kept for a period of
S. 8305 13
two years and shall be available for inspection by any authorized repre-
sentative of the liquor authority. PROVIDED, HOWEVER, THAT ANY BOOKS AND
RECORDS REQUIRED BY THIS CHAPTER TO BE MAINTAINED BY A WINERY, FARM
WINERY, SPECIAL WINERY, SPECIAL FARM WINERY OR MICROWINERY MUST BE KEPT
EITHER UPON THE LICENSED PREMISES OR SUCH OTHER LOCATION AS MAY BE
APPROVED BY THE AUTHORITY.
S 20. This act shall take effect on the ninetieth day after it shall
have become a law.
