2006 New York Code - Micro-winery License.

 
    §  76-f.  Micro-winery  license. 1. Any person may apply to the liquor
  authority for a micro-winery license as provided for  in  this  article.
  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 micro-winery  license  shall  authorize  the  holder  thereof  to
  operate  a  micro-winery  for  the  manufacture  of wine or cider at the
  premises specifically designated in the license or on the premises of  a
  special  farm  winery  licensee  as  provided  for in subdivision two of
  section seventy-six-d  of  this  article.  Such  a  license  shall  also
  authorize  the  sale in bulk by such licensee from the licensed premises
  of the products manufactured under such license to any winery  licensee,
  any  farm  winery  licensee,  any  distiller licensee, or to a permittee
  engaged in the manufacture of products which are unfit for beverage use.
  It shall also authorize the holder thereof to  sell  from  the  licensed
  premises  to  a  licensed  wholesaler  or  retailer,  or  at  retail for
  consumption off the premises, wine or cider manufactured by the licensee
  as above set forth.   All wine  or  cider  sold  by  such  licensee  for
  consumption  off the premises shall be securely sealed and have attached
  thereto a label setting forth such information as shall be  required  by
  this chapter.
    3.  A  micro-winery  license shall not authorize the holder thereof to
  obtain a license or licenses to sell wine at retail for consumption  off
  the premises pursuant to subdivision four of section seventy-six of this
  article.
    4.  (a)  A  micro-winery license shall authorize the holder thereof to
  manufacture, bottle, and sell  fruit  juice,  fruit  jellies  and  fruit
  preserves,  tonics,  and  unpotable  wine cooking sauces on and from the
  licensed premises,  or  any  other  farm  or  food  product  defined  in
  subdivision two of section two hundred eighty-two of the agriculture and
  markets law.
    (b)  Such license shall authorize the holder thereof to store and sell
  gift items in a tax-paid room upon the  licensed  premises.  These  gift
  items shall be limited to the following categories:
    (i)  Wine  supplies,  which  shall  include  any item utilized for the
  storage, serving, or consumption of wine. These supplies may be sold  as
  single  items  or  may be combined into a package sold as a unit item or
  may be combined into  a  package  containing  wine  or  a  wine  product
  produced or manufactured on the premises; and
    (ii)  Food  items,  which  shall  include any food or food product not
  specifically prepared for immediate consumption upon the premises.  Such
  food  items  may  be  combined  into a package containing wine or a wine
  product produced or manufactured on the premises.
    (c) A licensed micro-winery may engage in any other  business  on  the
  licensed  premises  subject  to such rules and regulations as the liquor
  authority may prescribe. In prescribing such rules and regulations,  the
  liquor  authority  shall  promote  the  expansion  and  profitability of
  tourism and agriculture in New York, thereby promoting the  conservation
  of  open  space  and  the  protection  and enhancement of New York state
  agricultural lands.
    5. No licensed micro-winery shall manufacture  or  sell  any  wine  or
  cider   not   produced  exclusively  from  grapes  or  other  fruits  or
  agricultural products grown or produced in New York state.
    6. Notwithstanding any other provision of this chapter, a micro-winery
  license shall authorize the holder thereof to deliver or transport  wine
  or  cider  manufactured  or produced by such licensee from such licensed
  premises to any other  winery  or  farm  winery  licensee,  a  distiller
  licensee,  a  permittee engaged in the manufacture of products which are
  unfit  for  beverage  use, a licensed wholesaler or retailer, a licensee
  that sells alcoholic beverages for consumption on or off  the  premises,
  or a licensee's farm stand in any vehicle owned, leased, or hired by the
  licensee.  A  micro-winery  licensee  is not required to obtain from the
  liquor authority a trucking permit or pay any fees pursuant  to  section
  ninety-four of this chapter.
    7.  A  licensed micro-winery shall be permitted to remain open for any
  or all of the  following  purposes:  selling  its  products,  conducting
  public  tours  of  its  winery,  or  selling by the bottle wine or cider
  produced by such licensee on Sunday between the hours of ten o'clock  in
  the morning to six o'clock in the evening.
    8.  No licensed micro-winery shall produce or manufacture in excess of
  fifteen hundred finished gallons of wine annually.