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This entry was published on 2014-09-22
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SECTION 76-E
Special provisions relating to wineries and farm wineries holding a distiller's license
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 6
§ 76-e. Special provisions relating to wineries and farm wineries
holding a distiller's license. 1. Any person who holds a winery license
pursuant to section seventy-six of this article or a farm winery license
pursuant to section seventy-six-a of this article and, in addition to
such license, holds a distiller's license pursuant to section sixty-one
of this chapter, and who conducts wine tastings pursuant to the
provisions of such sections seventy-six and seventy-six-a of this
article, shall be authorized to conduct tastings of brandy manufactured
by such licensed winery or licensed farm winery, at such wine tastings.

2. All consumer tastings of brandy shall be conducted subject to the
following limitations:

(a) Tastings of brandy shall be conducted by an official agent of one
or more persons licensed pursuant to section sixty-one of this chapter.
Such agent shall be physically present upon the premises at all times
during the conducting of the consumer tasting of brandy.

(b) No such person or persons licensed pursuant to section sixty-one
of this chapter, and no official agent thereof, may provide, directly or
indirectly: (i) more than a total of three samples of brandy for tasting
to a person in one calendar day; or (ii) a sample of brandy for tasting
equal to more than one-quarter fluid ounce.

(c) Any liability stemming from a right of action resulting from a
consumer tasting of brandy authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the persons licensed pursuant to
section sixty-one of this chapter, who conducted such tasting.

3. The state liquor authority shall promulgate rules and regulations
regarding brandy tastings as provided for in this section.

4. Any person who holds a winery license pursuant to section
seventy-six of this article or a farm winery license pursuant to section
seventy-six-a of this article, and who is authorized to sell wine for
consumption off the premises pursuant to the provisions of such sections
seventy-six and seventy-six-a of this article, shall be authorized to
sell brandy manufactured by such licensed winery or licensed farm winery
for consumption off the premises. Such sale of brandy for consumption
off the premises shall only occur at the licensed winery or farm winery
and not at any other off-premises locations licensed to the winery or
farm winery, pursuant to subdivision four of section seventy-six of this
article. The sale of brandy at a winery or farm winery shall also be
subjected to the same hours of operation as set forth for the sale of
wine at a winery or farm winery. The authority shall promulgate rules
and regulations for the sale of brandy at wineries or farm wineries for
off-premises consumption.