2006 New York Code - Winery License.

 
    § 76. Winery  license. 1. Any person may apply to the liquor authority
  for a 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) Any person having applied for  and  received  a  license  as  a
  winery  or  farm  winery  under this section or section seventy-six-a 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.  Such  winery  or
  farm  winery  may  charge  a  fee for each wine sample tasted. The state
  liquor authority shall promulgate rules and regulations  regarding  such
  tastings as provided for in this subdivision.
    (a-1) Any person having applied for and received a license as a winery
  or  farm  winery  under  this  section  or section seventy-six-a of this
  article may conduct wine tastings of New York state labelled  wines  and
  apply to the liquor authority for a permit to sell wine produced by such
  winery   or  farm  winery,  by  the  bottle,  during  such  tastings  in
  establishments licensed under section sixty-four of this chapter to sell
  alcoholic beverages for consumption on the premises. Such winery or farm
  winery may charge a fee of no more than twenty-five cents for each  wine
  sample  tasted.  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,
  representative or solicitor of one or more wineries  or  farm  wineries.
  Such  agent,  representative or solicitor 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 or winery licensee.
    (c)(i)  Any  person  having  applied  for  and received a license as a
  winery or farm winery under this section  or  section  seventy-six-a  of
  this  article may conduct wine tastings of New York state labelled wines
  and sell such wine by the bottle, during such tasting, for  off-premises
  consumption  at  outdoor  or  indoor gatherings, functions, occasions or
  events, within the hours fixed by or pursuant to subdivision fourteen of
  section one hundred five of this  chapter,  sponsored  by  a  bona  fide
  charitable organization. For the purposes of this paragraph, a bona fide
  charitable  organization  shall mean and include any bona fide religious
  or charitable  organization  or  bona  fide  educational,  fraternal  or
  service  organization or bona fide organization of veterans or volunteer
  firefighters,  which  by  its  charter,  certificate  of  incorporation,
  constitution,  or  act of the legislature, shall have among its dominant
  purposes one or more of the lawful purposes as  defined  in  subdivision
  five of section one hundred eighty-six of the general municipal law.
    (ii)  The  liquor  authority  shall  issue a license to authorize such
  winery or farm winery to participate in no more  than  five  outdoor  or
  indoor  gatherings,  functions,  occasions  or  events  sponsored  by  a
  charitable organization in one year for a single fee. The winery or farm
  winery must give written notice of the date, time and specific  location
  of  each  tasting  to  the authority at least fifteen days prior to such
  tasting. A winery or farm winery that obtains a license to conduct  such
  wine  tastings  does not need to apply for or obtain a temporary beer or
  wine permit pursuant to section ninety-seven  of  this  chapter  or  any
  other permit to conduct such a tasting or to sell wine by the bottle for
  off-premises consumption.
    (iii) Such winery or farm winery may charge a fee for each wine sample
  tasted. Tastings shall be conducted by an official agent, representative
  or  solicitor  of such winery or farm winery. The state liquor authority
  may promulgate rules and regulations regarding such tastings as provided
  for in this subdivision.
    3. A licensed winery may apply to the liquor authority for  a  license
  to  sell  wine  at  retail  for  consumption  on  the  premises. All the
  provisions of this chapter relative to licenses to sell wine  at  retail
  for consumption on the premises shall apply so far as applicable to such
  application.
    3-a.  Notwithstanding any other provision of law, any winery, licensed
  pursuant to subdivision three of this section to sell wine at retail for
  consumption on the premises in  a  restaurant  in  or  adjacent  to  the
  winery,  may  apply  to the liquor authority for a license to sell beer,
  wine or liquor at  retail  for  consumption  on  the  premises  of  such
  restaurant.  All  of the provisions of this chapter relative to licenses
  to sell beer, wine or liquor 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 winery licensees or farm  winery  licensees,  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, and the  fee  therefor  shall  be
  five hundred dollars if such retail premises is located in cities having
  a  population  of  one  million  or more; in cities having less than one
  million population and more than one hundred thousand, two hundred fifty
  dollars; and elsewhere, the sum of one hundred twenty-five dollars. Such
  license  shall  entitle  the  holder  thereof  to  sell  at  retail  for
  consumption  off  the  premises  any  New York state labelled wine. 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 licensed winery or farm winery. All  other  provisions  of
  this chapter relative to licenses to sell wine at retail for consumption
  off  the premises at the winery 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 the winery licensee or farm winery licensee.
    * NB Effective until October 15, 2008
    * 4.  Notwithstanding  any  provision of this chapter to the contrary,
  any one or more winery licensees or farm  winery  licensees,  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, and the  fee  therefor  shall  be
  five hundred dollars if such retail premises is located in cities having
  a  population  of  one  million  or more; in cities having less than one
  million population and more than one hundred thousand, two hundred fifty
  dollars; and elsewhere, the sum of one hundred twenty-five dollars. Such
  license  shall  entitle  the  holder  thereof  to  sell  at  retail  for
  consumption  off  the  premises  any  New York state labelled wine. Such
  license shall also entitle the holder thereof  to  conduct  winetastings
  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 licensed winery or farm winery. 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  the  winery  licensee  or
  farm winery licensee.
    * NB Effective October 15, 2008
    * 5.  Any  winery  licensed  pursuant to this section is authorized to
  engage in what is commonly known as wine  by  wire  services  whereby  a
  winery  within the state may make deliveries on behalf of other wineries
  within the state.
    * NB There are 2 sb 5's
    * 5. Notwithstanding any provision of this chapter to the contrary,  a
  licensed  winery  or  a  licensed  farm  winery  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,  an  agent, representative, or solicitor from the winery must be
  present at the time of sale.
    * NB There are 2 sb 5's
    6. Any winery may sell or deliver such wine produced by the winery  to
  persons outside the state pursuant to the laws of the place of such sale
  or delivery.