2006 New York Code - Special Provisions Relating To Wineries And Farm Wineries Holding A Distiller\'s License.

 
    §  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.