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SECTION 76-A
Farm winery license
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 6
§ 76-a. Farm winery license. 1. Any person may apply to the liquor
authority 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 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
application it shall issue a license in such form as shall be determined
by its rules.

2. A farm winery license shall authorize the holder thereof to:

(a) operate a farm winery for the manufacture of wine, New York state
labeled mead or New York state labeled 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
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;

(c) sell from the licensed premises to a licensed winery, farm
distiller, farm brewery, farm cidery, farm meadery, wholesaler or
retailer, or to a corporation operating railroad cars or aircraft for
consumption on such carriers, or at retail for consumption off the
premises, wine, cider, or mead 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, cider, or mead 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) conduct tastings of and sell at the licensed premises, at retail
for consumption on or off the licensed premises alcoholic beverages
manufactured by the licensee or any other licensed farm winery; New York
state labeled wine manufactured by any licensed winery; New York state
labeled beer manufactured by any licensed brewer or farm brewery; New
York state labeled cider manufactured by any licensed cider producer,
farm cidery or farm brewery; New York state labeled mead manufactured by
any licensed farm meadery, winery or farm winery; New York state labeled
braggot manufactured by any licensed meadery, brewery or farm brewery
and New York state labeled liquor manufactured by any licensed distiller
or farm distillery;

(f) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, wine,
cider, and mead manufactured by the licensee and any New York state
labeled wine, New York state labeled cider, New York state labeled mead
or New York state labeled wine product. All of 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 licensee.
Notwithstanding any other provision of law, the licensed farm winery may
apply to the authority for a license under this chapter to sell other
alcoholic beverages at retail for consumption on the premises at such
establishment.

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
subdivision.

(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
regulations 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,
representative or solicitor of one or more 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.

(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
subdivision 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 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 an annual
permit authorizing such farm winery to participate in such outdoor or
indoor gatherings, functions, occasions or events sponsored by a
charitable organization. The farm winery must give the authority written
or electronic notice of the date, time and specific location of each
tasting 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
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 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 adopt
rules and regulations regarding such tastings as provided in this
subdivision.

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:

(1) Non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages.

(2) Food items for the purpose of complimenting wine tastings, shall
mean a diversified selection of food which is ordinarily consumed
without the use of tableware and can conveniently be consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.

(3) 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.

(4) Wine supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of wine or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing wine or a wine product.

(5) 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.

(6) New York state labelled wine or liquors produced or manufactured
by any other New York state winery or farm winery licensee or by the
holder of any distiller's license. Such wine or liquors may be purchased
outright by the licensee from a New York winery or farm winery licensee
or the holder of any distiller's license or obtained on a consignment
basis pursuant to a written agreement between the selling and purchasing
licensee.

(7) Wine-making equipment and supplies including, but not limited to,
grapes, grape juice, grape must, home wine-making kits, presses, pumps,
bottling equipment, filters, yeasts, chemicals and other wine additives,
wine storage or fermenting vessels, barrels, and books or other written
material to assist wine-makers and home wine-makers to produce and
bottle wine.

(c) The authority 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 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
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 area in the vicinity of the farm winery licensee.

(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.

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 of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
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, in consultation with the chairman of the
state liquor authority, 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 commissioner the quantity
of New York grown grapes unavailable to such licensee 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 of agriculture and markets pursuant to
this subdivision. For purposes of this subdivision, the department of
agriculture and markets and the state liquor authority are authorized to
adopt rules and regulations as they 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 of agriculture and markets 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
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
each year results in any grape varietal loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation shall with the chairman of the
state liquor authority, may issue additional grape varietal loss
determinations and shall expeditiously make available to farm wineries
and to the public each specific grape varietal loss determination issued
pursuant to this paragraph prior to October tenth of each year.

6. Notwithstanding any other provision of this chapter, 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 this chapter 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
this chapter.

(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
consumption off the premises, (iv) or 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 this chapter.

(e) Sell for consumption off the premises New York state labelled
liquors manufactured by the holder of a class A-1, B-1, or C distiller's
license.

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 and limited
to the farm winery may be conducted at the branch offices. Such branch
offices shall not be located within, share a common entrance and exit
with, or have any interior access to any other business, including
premises licensed to sell alcoholic beverages at retail. Prior to
commencing operation of any such branch office, the licensee shall
notify the authority of the location of such branch office and the
authority may 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.

8. (a) No licensed farm winery shall manufacture in excess of two
hundred fifty thousand finished gallons of wine, cider, and mead
annually.

(b) Any person licensed under this section shall manufacture at least
fifty gallons of wine, cider, and mead per year.

9. Notwithstanding any other provision of law to the contrary, a farm
winery licensed pursuant to this section may engage in custom production
allowing individuals to assist in the production of New York state
labeled wine, cider and mead for sale for personal or family use,
provided, however, that (a) the wine, cider and mead must be purchased
by the individual assisting in the production of such wine, cider or
mead; and (b) the owner, employee or agent of such winery shall be
present at all times during such production.

10. Notwithstanding any other provision of this chapter, a farm winery
license shall authorize the holder thereof to sell wines manufactured or
produced by such licensee to a roadside farm market pursuant to section
seventy-six-f of this article.