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This entry was published on 2014-09-22
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Roadside farm market license
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 6
§ 76-f. Roadside farm market license. 1. Any person owning or
operating a roadside farm market may apply to the liquor authority for a
roadside farm market license to sell wine pursuant to this section. Such
application shall be in writing and verified, and shall contain such
information as the liquor authority shall require and 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, and the license shall remain in effect for one year.

2. For the purposes of this section, the term "roadside farm market"
means a building or structure located on a farm operation, as defined in
subdivision eleven of section three hundred one of the agriculture and
markets law, except for a commercial horse boarding operation, in which
New York agricultural products are primarily sold by producers, growers
or farmers of such agricultural products to the general public, and the
term "New York agricultural product" means any agricultural or
aquacultural product of the soil or water that has been grown, harvested
or produced within the state, including but not limited to fruits,
vegetables, eggs, dairy products, meat and meat products, poultry and
poultry products, fish and fish products, grain and grain products,
honey, nuts, preserves, maple sap products, apple cider, fruit juice,
and Christmas trees.

3. A roadside farm market license shall authorize the holder thereof
to sell wine manufactured or produced by up to two duly licensed farm or
special wineries or micro-wineries that are located within twenty miles
of the roadside farm market by the bottle for off-premises consumption;
provided that such market's owner, operator or representative shall be
present at all times during which wine is being offered for sale. Such
market shall be deemed to possess a warehouse permit and be permitted to
warehouse up to twenty cases of wine; provided that such market shall
abide by all rules and regulations promulgated pursuant to section
ninety-six of this chapter and any other rules and regulations
promulgated by the liquor authority to implement the provisions of this
section to ensure that wine stored or kept by such market is segregated
and kept in a safe and secure location when such market is closed for

4. The sale of wine pursuant to this section shall occur only within
the hours fixed by or pursuant to subdivision fourteen of section one
hundred five of this chapter. Notwithstanding the provisions of section
eighty of this article or any other provision of law, no wine tastings
shall be conducted at a roadside farm market that sells wine for
off-premises consumption pursuant to the provisions of this section.

5. The liquor authority, in consultation with the department of
agriculture and markets, shall promulgate any rules and regulations
necessary to implement the provisions of this section.