2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 6 - (75 - 85) SPECIAL PROVISIONS RELATING TO WINE
76-B - Temporary winery or farm winery permit.

 
    § 76-b. Temporary  winery  or  farm  winery  permit. 1. Any person may
  apply to the liquor authority  for  a  temporary  permit  to  operate  a
  winery,  farm  winery,  special  winery,  or  special  farm winery. Such
  application  shall  be  in  writing  and  verified  and  shall   contain
  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  permit.  Such  application  fee  shall  offset   any
  subsequently  assessed fees required by this article for the issuance of
  a winery, farm winery, special winery, or special farm winery license to
  such applicant.
    2. Upon application, the liquor authority shall issue  such  temporary
  permit when the applicant:
    (a)  has a winery, farm winery, special winery, or special farm winery
  license  application  pending  before  the  liquor  authority,  and  the
  beginning of the harvest season for grapes or any other fruit or product
  necessary  for  the  production  or manufacture of wine at that facility
  will occur within thirty days; or
    (b) is in good faith negotiating with or has entered into an agreement
  with a winery, farm winery,  special  winery,  or  special  farm  winery
  licensee to purchase, obtain or acquire part or full ownership rights in
  the assets or stock of such existing licensee; or
    (c)  due  to  unforeseen circumstances or an emergency situation is in
  need of a permit to ensure the  continued  or  future  operation  of  an
  existing winery facility.
    3. The liquor authority in granting such permit shall ensure that:
    (a)  issuance of the permit will not inordinately hinder the operation
  or effective administration of this article.
    (b) the applicant would in all likelihood be able to ultimately obtain
  a permanent winery, farm winery, special winery, or special farm  winery
  license.
    (c)  the  applicant  has  substantially complied with the requirements
  necessary to obtain such license.
    (d) upon issuance of the temporary permit, the  existing  license  for
  said premises shall have been surrendered to, or placed into safekeeping
  with, the authority pursuant to rules of the liquor authority.
    4.  The  application  for  a permit shall be approved or denied by the
  liquor authority within  forty-five  days  after  the  receipt  of  such
  application.
    5.  A temporary permit shall authorize the holder thereof to operate a
  winery, farm winery, special winery, or special farm winery as the  case
  may   be,  for  the  manufacture  and  sale  of  wine  at  the  premises
  specifically designated in the permit. Further, it shall  authorize  the
  holder  of  the  permit  to  conduct  any  of  the activities permitted,
  respectively, by section seventy-six,  seventy-six-a,  seventy-six-c  or
  seventy-six-d of this article.
    6.  Such  temporary  permit  shall  remain in effect for six months or
  until the permittee is issued a permanent winery, farm  winery,  special
  winery,  or  special  farm  winery  license,  whichever is shorter. Such
  permit may be extended at the discretion of the authority for additional
  three month periods of time upon payment of an additional fee  of  fifty
  dollars  for each such extension. Notwithstanding any other provision of
  law, a temporary permit may be summarily cancelled or suspended  at  any
  time  if  the  liquor  authority  determines  that  good  cause for such
  cancellation or suspension exists. The liquor authority  shall  promptly
  notify  the  holder  of  such  permit in writing of such cancellation or
  suspension and shall set forth the reasons for such action.
    7. The liquor authority in reviewing such application shall review the
  entire record and grant it unless  good  cause  is  otherwise  shown.  A

  decision on an application shall be based on substantial evidence in the
  record  and supported by a preponderance of the evidence in favor of the
  applicant.