2006 New York Code - Special Winery License.

 
    § 76-c. Special  winery license. 1. Any person may apply to the liquor
  authority for a license to operate a winery on the premises of a  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 application it shall issue a license in such form as shall  be
  determined by its rules.
    2. (a) Any person having applied for and received a license under this
  section  or  section  seventy-six-d  of  this  article  may conduct wine
  tastings of New York state labelled  wines  in  establishments  licensed
  under  section  sixty-three  of this chapter to sell alcoholic beverages
  for  off-premises  consumption.  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 of one or more
  wineries or farm wineries. Such 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
  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 operator or winery licensee operator.
    3.  Special  winery  licensees  licensed  under the provisions of this
  section may apply to the liquor authority for a license to sell wine  at
  retail  for  consumption  on  the  premises in a restaurant owned by the
  licensee and conducted and operated by the licensee in  or  adjacent  to
  the  winery  for  which  the licensee is licensed. All the provisions of
  this  chapter  relative  to  licensure  to  sell  wine  at  retail   for
  consumption  on  the  premises  shall apply so far as applicable to such
  application.
    4. Notwithstanding any provision of this chapter to the contrary,  any
  one  or  more  special winery licensees licensed under the provisions of
  this section or a special farm  winery  licensee  licensed  pursuant  to
  section  seventy-six-d  of this article, 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 duration of such license shall be
  coextensive with the duration of such licensee's winery license or  farm
  winery  license under the provisions of this section. Such license shall
  also entitle the holder thereof to conduct wine tastings 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  consumption  on  premises  in which the principal
  business is the operation of a legitimate theater or such  other  lawful
  adult entertainment or recreational 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  to  any  special winery licensee or special farm winery licensee
  licensed under the provisions of this section. 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 a  winery  licensee  or  a
  farm winery licensee.
    For  purposes  of this subdivision, New York state labelled wine shall
  mean wine made from grapes, at least seventy-five percent the volume  of
  which were grown in New York state.
    5.  Notwithstanding  any  provision of this chapter to the contrary, a
  special winery licensee or a special farm winery licensee 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, a representative from the winery must be present at the time
  of sale.
    6. Any special farm winery licensee licensed pursuant to this  section
  is  authorized  to  engage  in  what  is  commonly known as wine by wire
  services whereby a special farm winery licensee  within  the  state  may
  make deliveries on behalf of other wineries within the state.
    7. The provisions of section seventy-seven of this article relating to
  the  manufacture  and  sale  of  wine in bulk shall also apply as far as
  practicable to the holder of a license under this section.