2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 6 - (75 - 85) SPECIAL PROVISIONS RELATING TO WINE
76-A - Farm winery license.

 
    § 76-a. Farm  winery  license.  1.  Any person may apply to the liquor
  authority for a farm 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 farm winery license shall authorize the holder thereof to:
    (a)  operate a farm winery for the manufacture of wine or cider at the
  premises specifically designated in the license;
    (b) sell in bulk from the licensed premises the products  manufactured
  under  such  license  to  any  winery  licensee,  any  other farm winery
  licensee, any distiller licensee  or  to  a  permittee  engaged  in  the
  manufacture  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;
    * (c)  sell  from  the  licensed  premises  to a licensed winery, farm
  distiller, farm brewery, wholesaler or retailer,  or  to  a  corporation
  operating railroad cars or aircraft for consumption on such carriers, or
  at  retail  for consumption off the premises, wine or cider manufactured
  by the licensee as above set forth and to sell or deliver such  wine  or
  cider  to persons outside the state pursuant to the laws of the place of
  such sale or delivery. 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;
    * NB Effective until January 15, 2014
    * (c)  sell  from  the  licensed  premises  to a licensed winery, farm
  distiller, farm brewery, farm cidery, wholesaler or retailer,  or  to  a
  corporation  operating railroad cars or aircraft for consumption on such
  carriers, or at retail for consumption off the premises, wine  or  cider
  manufactured  by  the licensee as above set forth and to sell or deliver
  such wine or cider to persons outside the state pursuant to the laws  of
  the  place  of  such  sale  or  delivery. 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;
    * NB Effective January 15, 2014
    (d)  operate,  or  use  the  services  of,  a custom crush facility as
  defined in subdivision nine-a of section three of this chapter;
    (e) sell cider and wine at  retail  for  consumption  on  or  off  the
  premises;
    (f)  sell  wine  at  retail  for  consumption  on  the  premises  of a
  restaurant, conference center, inn, bed and breakfast or hotel  business
  owned and operated by the licensee in or adjacent to the farm winery for
  which  the  licensee  is licensed. A licensee who operates a restaurant,
  conference center, inn, bed and breakfast  or  hotel  pursuant  to  such
  authority  shall  comply  with all applicable provisions of this chapter
  which relate to licenses to sell wine at retail for consumption  on  the
  premises.
    3.  (a) Any person having applied for and received a license as a farm
  winery under this section may conduct wine tastings of  New  York  state
  labelled  wines  in establishments licensed under section sixty-three of
  this chapter and section seventy-nine of this article to sell  wine  for
  off-premises  consumption.  Such  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.
    (b)  Any  person  having  applied for and received a license as a farm
  winery under this section 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 farm winery, by the bottle, during  such  tastings
  in establishments licensed under sections sixty-four and sixty-four-a of
  this  chapter  and  section  eighty-one  or section eighty-one-a of this
  article to sell wine for consumption on the premises. Such  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.
    (c) 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 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.
    (d) (i) Any person having applied for and received a license as a farm
  winery  under  this  section 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)  Upon  application,  the  liquor  authority shall issue an annual
  permit authorizing such farm winery to participate in  such  outdoor  or
  indoor  gatherings,  functions,  occasions  or  events  sponsored  by  a
  charitable organization. The farm winery must give the authority written
  or electronic notice of the date, time and  specific  location  of  each
  tasting  at  least fifteen days prior to the tasting. A farm winery that
  obtains a permit 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 at
  such tastings.
    (iii) Such farm winery may charge a fee for each wine  sample  tasted.
  Tastings  shall  be  conducted  by  an official agent, representative or
  solicitor of such farm winery. The  state  liquor  authority  may  adopt
  rules  and  regulations  regarding  such  tastings  as  provided in this
  subdivision.
    3-a. Notwithstanding any other provision  of  law,  any  farm  winery,
  licensed  pursuant  to  subdivision  two of this section to sell wine at
  retail for consumption on  the  premises  in  a  restaurant,  conference
  center,  inn,  bed and breakfast or hotel business owned and operated by
  the licensee in or adjacent to such farm winery, may apply to the liquor
  authority for a license  to  sell  beer  and/or  liquor  at  retail  for

  consumption  on  the premises of such facility. 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.  (a)  A  farm  winery license shall authorize the holder thereof to
  manufacture, bottle and  sell  fruit  juice,  fruit  jellies  and  fruit
  preserves, tonics, salad dressings and unpotable wine sauces on and from
  the licensed premises.
    (b)  Such license shall authorize the holder thereof to store and sell
  gift items in a tax-paid room upon the licensed premises  incidental  to
  the  sale  of  wine.  These gift items shall be limited to the following
  categories:
    (1) Non-alcoholic  beverages  for  consumption  on  or  off  premises,
  including but not limited to bottled water, juice and soda beverages.
    (2)  Food  items for the purpose of complimenting wine tastings, shall
  mean a diversified  selection  of  food  which  is  ordinarily  consumed
  without  the  use  of  tableware  and can conveniently be consumed while
  standing or walking. Such food items shall include but  not  be  limited
  to: cheeses, fruits, vegetables, chocolates, breads and crackers.
    (3) Food items, which shall include locally produced farm products and
  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.
    (4)  Wine  supplies  and  accessories,  which  shall  include any item
  utilized for  the  storage,  serving  or  consumption  of  wine  or  for
  decorative  purposes.  These supplies may be sold as single items or may
  be combined into a package containing wine or a wine product.
    (5) Souvenir items,  which  shall  include,  but  not  be  limited  to
  artwork,  crafts, clothing, agricultural products and any other articles
  which can be construed to propagate tourism within the region.
    (6) New York state labelled wine or liquors produced  or  manufactured
  by  any  other  New  York state winery or farm winery licensee or by the
  holder of any distiller's license. Such wine or liquors may be purchased
  outright by the licensee from a New York winery or farm winery  licensee
  or  the  holder  of any distiller's license or obtained on a consignment
  basis pursuant to a written agreement between the selling and purchasing
  licensee.
    (7) Wine-making equipment and supplies including, but not limited  to,
  grapes,  grape juice, grape must, home wine-making kits, presses, pumps,
  bottling equipment, filters, yeasts, chemicals and other wine additives,
  wine storage or fermenting vessels, barrels, and books or other  written
  material  to  assist  wine-makers  and  home  wine-makers to produce and
  bottle wine.
    (c) The  authority  is  hereby  authorized  to  promulgate  rules  and
  regulations to effectuate the purposes of this subdivision.
    (d)  A  licensed  farm  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 farm winery licensee.
    (e) Notwithstanding any provision of this chapter to the contrary, any
  farm winery licensee may charge:
    (i) For tours of its premises; and

    (ii) For any wine tastings.
    5.  (a)  Except  as  provided in paragraph (b) of this subdivision, no
  licensed farm winery shall manufacture or sell  any  wine  not  produced
  exclusively  from  grapes or other fruits or agricultural products grown
  or produced in New York state.
    (b) In the event that the commissioner  of  agriculture  and  markets,
  after  investigating  and  compiling information pursuant to subdivision
  forty-two of  section  sixteen  of  the  agriculture  and  markets  law,
  determines  that  a  natural  disaster, act of God, or continued adverse
  weather condition has destroyed no less than forty percent of a specific
  grape varietal grown  or  produced  in  New  York  state  and  used  for
  winemaking,  the  commissioner, in consultation with the chairman of the
  state liquor authority, may give authorization to a duly  licensed  farm
  winery  to  manufacture  or sell wine produced from grapes grown outside
  this state. No such authorization shall be  granted  to  a  farm  winery
  licensee unless such licensee certifies to the commissioner the quantity
  of  New  York  grown  grapes  unavailable  to  such licensee due to such
  natural disaster, act of God or continuing adverse weather condition and
  satisfies the commissioner that reasonable efforts were made  to  obtain
  grapes  from  a  New  York state source for such wine making purpose. No
  farm winery shall utilize an amount  of  out-of-state  grown  grapes  or
  juice  exceeding the amount of New York grown grapes that such winery is
  unable to obtain due to the destruction of New York grown  grapes  by  a
  natural  disaster, act of God or continuing adverse weather condition as
  determined by the commissioner of agriculture and  markets  pursuant  to
  this  subdivision.  For  purposes of this subdivision, the department of
  agriculture and markets and the state liquor authority are authorized to
  adopt rules and regulations as they may deem necessary to carry out  the
  provisions  of  this  subdivision  which  shall include ensuring that in
  manufacturing wine farm wineries utilize grapes grown or produced in New
  York state to  the  extent  they  are  reasonably  available,  prior  to
  utilizing grapes or juice from an out-of-state source for such purpose.
    (c)  The  commissioner of agriculture and markets shall make available
  to farm wineries and to the public each  specific  grape  varietal  loss
  determination issued pursuant to paragraph (b) of this subdivision on or
  before August twentieth of each year.
    (d)  In  the  event that the continuing effects of a natural disaster,
  act of God, or adverse weather condition which occurred prior to  August
  twentieth of each year or the effects of a natural disaster, act of God,
  or adverse weather condition which occurs subsequent to August twentieth
  each  year  results in any grape varietal loss which meets the standards
  provided in paragraph (b)  of  this  subdivision,  the  commissioner  of
  agriculture  and markets, in consultation shall with the chairman of the
  state  liquor  authority,  may  issue  additional  grape  varietal  loss
  determinations  and  shall expeditiously make available to farm wineries
  and to the public each specific grape varietal loss determination issued
  pursuant to this paragraph prior to October tenth of each year.
    6. Notwithstanding any other provision of this chapter, a farm  winery
  license shall authorize the holder thereof to:
    (a)  Offer  for sale or solicit any order in the state for the sale of
  any New York state labelled wine manufactured by  the  licensee  or  any
  other winery or farm winery licensed pursuant to this article.
    (b)  Engage  as  a  broker  in the purchase and sale of New York state
  labelled wines for a fee or commission for or on behalf of any winery or
  farm winery licensed pursuant to this article.
    (c)  Maintain  a  warehouse  on  the  premises  pursuant  to   section
  ninety-six  of  this  chapter  for the warehousing of any New York state
  labelled wines manufactured  by  any  winery  or  farm  winery  licensed

  pursuant  to this article. Any winery or farm winery that maintains such
  a warehouse must comply with the provisions  of  section  ninety-six  of
  this chapter.
    (d) Deliver or transport any New York state labelled wine manufactured
  or  produced by the licensee or any other winery or farm winery licensed
  pursuant to this article in any vehicle owned, leased or  hired  by  the
  licensee. The New York state labelled wine can be delivered, transported
  or  sold  by  the licensee to any holder of: (i) a winery or farm winery
  license, (ii) a license to sell alcoholic beverages for  consumption  on
  the   premises,   (iii)  a  license  to  sell  alcoholic  beverages  for
  consumption off the premises, (iv) or any person  that  can  receive  or
  purchase wine from a farm winery. The 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.
    (e) Sell for consumption off the  premises  New  York  state  labelled
  liquors manufactured by the holder of a class A-1, B-1, or C distiller's
  license.
    (f)  Conduct  tastings of New York state labelled liquors manufactured
  by the holder of a class A-1, B-1, or C distiller's license. All  liquor
  tastings  conducted pursuant to this paragraph shall be conducted in the
  same manner as tastings of brandy pursuant to section  seventy-six-e  of
  this article.
    (g)  Conduct  tastings  of  and sell at retail for consumption off the
  premises New York state labelled beer manufactured by a licensed  brewer
  or farm brewery.
    * (h)  Conduct  tastings of and sell at retail for consumption off the
  premises New York  state  labelled  cider  manufactured  by  a  licensed
  brewer,  licensed  farm  brewery, licensed farm winery or licensed cider
  producer.
    * NB Effective until January 15, 2014
    * (h) Conduct tastings of and sell at retail for consumption  off  the
  premises  New  York  state  labelled  cider  manufactured  by a licensed
  brewer, licensed farm brewery,  licensed  farm  winery,  licensed  cider
  producer or licensed farm cidery.
    * NB Effective January 15, 2014
    7. The holder of a license issued under this section may operate up to
  five  branch  offices  located  away from the licensed farm winery. Such
  locations, although not required to be on a farm,  shall  be  considered
  part  of the licensed premises and all activities allowed at and limited
  to the farm winery may be conducted at the branch offices.  Such  branch
  offices  shall  not  be located within, share a common entrance and exit
  with, or have any interior  access  to  any  other  business,  including
  premises  licensed  to  sell  alcoholic  beverages  at  retail. Prior to
  commencing operation of any  such  branch  office,  the  licensee  shall
  notify  the  authority  of  the  location  of such branch office and the
  authority may issue a permit for the  operation  of  same.  Such  branch
  offices shall not be subject to the provisions of subdivision two, three
  or  four  of  section  seventy-nine of this article or the provisions of
  subdivisions two and three, and paragraphs (b) and  (c)  of  subdivision
  ten of section one hundred five of this chapter.
    8.  No licensed farm winery shall manufacture in excess of one hundred
  fifty thousand finished gallons of wine annually.
    9. Notwithstanding any other provision of law to the contrary, a  farm
  winery  licensed  pursuant  to  this  section  may engage in custom wine
  production allowing individuals to assist in the production of wine  for
  sale  for  personal  or family use, provided, however, that (a) the wine
  must be purchased by the individual assisting in the production of  such

  wine;  and  (b)  the  owner,  employee  or agent of such winery shall be
  present at all times during such production.
    * 10.  Notwithstanding  any  other  provision  of this chapter, a farm
  winery  license  shall  authorize  the  holder  thereof  to  sell  wines
  manufactured  or  produced  by  such  licensee to a roadside farm market
  pursuant to section seventy-six-f of this article.
    * NB Effective March 26, 2014