2006 New York Code - Sale Of Wine In Bulk.

 
    § 77. Sale  of  wine  in bulk. 1. A winery license shall authorize the
  holder thereof to operate a winery for the manufacture of  wine  at  the
  premises  specifically  designated  in  the  license  and to receive and
  possess wine from other states consigned to a United  States  government
  bonded  winery,  warehouse or storeroom located within the state. Such a
  license shall also authorize the sale in bulk by such licensee from  the
  licensed  premises  of  the products manufactured under such license and
  wine received by such licensee  from  any  other  state  to  any  winery
  licensee,  any  distiller  licensee  or  to  a  permittee engaged in the
  manufacturer of products which are unfit for beverage use and to sell or
  deliver such wine to persons outside the state pursuant to the  laws  of
  the  place of such sale or delivery. It shall also authorize the holders
  thereof to sell from the licensed premises to a licensed  wholesaler  or
  retailer,  or  to  a corporation operating railroad cars or aircraft for
  consumption on such carriers,  wine  manufactured  or  received  by  the
  licensee  as  above  set  forth in the original sealed containers of not
  more than fifteen gallons each and to  sell  or  deliver  such  wine  to
  persons outside the state pursuant to the laws of the place of such sale
  or delivery. All wine sold by such licensee shall be securely sealed and
  have attached thereto a label setting forth such information as shall be
  required by this chapter.
    2.  Notwithstanding any provision of this chapter to the contrary, and
  upon payment to the liquor authority of an additional annual fee of  one
  hundred  twenty-five dollars, the liquor authority may in its discretion
  and upon such terms and conditions as  it  may  prescribe,  issue  to  a
  licensed winery upon application therefor a certificate authorizing such
  winery  to  sell  wine  at  retail  in  sealed containers to a regularly
  organized church, synagogue or religious  organization  for  sacramental
  purposes, and to a householder for consumption in his home.
    4. (a) A licensed winery may manufacture, bottle and sell fruit juice,
  fruit  jellies  and  fruit  preserves, tonics and unpotable wine cooking
  sauces on and from licensed premises, provided that the  winery  license
  number  does  not  appear  on the labels of such products, and operate a
  restaurant on the premises.
    (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:
    (1) 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;
    (2)  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;
    (3) Souvenirs, which shall include any item which can be construed  to
  represent or serve as a memento of the licensed premises or of the state
  of New York.
    (4) New York state labelled wine produced or manufactured by any other
  New  York  state  winery  or  farm  winery  licensee.  Such  wine may be
  purchased outright by the licensee from a New York winery or farm winery
  licensee or obtained on  a  consignment  basis  pursuant  to  a  written
  agreement between the selling and purchasing licensee.
    (c) Notwithstanding any provision of this chapter to the contrary, any
  winery licensee or farm winery licensee may charge:
    (1) For tours of their premises; and
    (2) For any wine tastings.
    (d) Wine grape growers or wine producer organizations or associations,
  incorporated  within  the  state  for  the purpose of wine or wine grape
  promotion may hold wine  tastings  for  purposes  of  education  in  the
  production and proper use of wine products under the same rules applying
  to winery licensees.
    (e)  The  authority  is  hereby  authorized  to  promulgate  rules and
  regulations to effectuate the purposes of this subdivision.
    (f) A licensed 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   wine
  production   and   of   tourism  in  New  York,  thereby  promoting  the
  conservation, production and enhancement of New York state  agricultural
  lands.  Further,  such  rules  and  regulations  shall  determine  which
  businesses will be compatible with  the  policy  and  purposes  of  this
  chapter  and  shall  consider the effect of particular businesses on the
  community and area in the vicinity of the winery licensee.
    5. A licensed winery  shall  be  permitted  to  remain  open  for  the
  purposes  of  selling its products, in accordance with the provisions of
  subdivisions two and three of this section, and/or of conducting  public
  tours  of its winery and/or 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  in  accordance with the
  provisions of section seventy-six of this article on Sunday between  the
  hours of ten o'clock in the morning and midnight.
    The authority is hereby authorized to promulgate rules and regulations
  to effectuate the purposes of this subdivision.