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This entry was published on 2017-05-19
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Custom winemakers' center
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 6
§ 77. Custom winemakers' center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom winemakers' center license as provided for in this section to
operate a custom winemakers' center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
fruit for the production of wine by such individuals for personal
household use and not for resale in accordance with state and federal
laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of such license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
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 operate such center to manufacture wine for
personal household use in the premises therein specifically licensed.

2. For the purposes of this section, "fruit" shall mean grapes, other
fruits, fruit juices, and other agricultural products including, but not
limited to, honey and flowers, that are grown or produced in the state
of New York.

3. A custom winemakers' center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase fruit to
manufacture wine for personal household use provided that the
manufacture and production of wine for personal household consumption
and use is done in accordance with state and federal laws and
regulations. Such a license shall also authorize the licensee, provided
such activities are permitted by the federal Alcohol and Tobacco Tax and
Trade Bureau for the manufacture of tax exempt wine for personal
household use, to:

(a) conduct training classes on how to manufacture wine; and

(b) conduct wine tastings for those individuals taking such classes
and/or using such facilities for the production of wine at the licensed
facility provided that the tastings shall be subject to the following

(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or 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
tasting of wine as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to such center.

4. The custom winemakers' center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade

5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility's hours of

6. The annual aggregate production of wine at any such center for all
individuals making wine at such premises, pursuant to a custom
winemakers' center license, shall not exceed the production limits set
forth by the authority that are commensurate with a non-commercial
production facility. Provided that such aggregate production limit shall
not be offset by wine produced at such facility under a winery's license
or farm winery license.

7. Notwithstanding any other provision of this chapter, the authority
may issue a custom winemakers' center license to the holder of a farm
winery or winery license for use at such licensee's existing licensed

8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.

9. The licensee must maintain a record of the name, address, and
contact information of the individual or individuals that have used such
facility and the annual amount of wine produced by each individual at
the facility pursuant to the rules of the authority.