New York State Law

Alcoholic Beverage Control Law

Consolidated Laws of New York's ABC code

  Search ABC Laws

Article 6 - Alcoholic Beverage Control Law

SPECIAL PROVISIONS RELATING TO WINE

Section Description
75 Kinds of licenses.
76 Winery license.
76-A Farm winery license.
76-B Temporary winery or farm winery permit.
76-C Special winery license.
76-D Special farm winery license.
76-E Special provisions relating to wineries and farm wineries holding a distiller's license.
76-F Roadside farm market license.
78 Wholesaler's wine license.
79 Seven day license to sell wine at retail for consumption off the premises.
79-A Authorization to sell wine products by certain licensees for consumption off the premises.
79-B Authorization to sell wine products by certain licensees for consumption on the premises.
79-C Direct interstate wine shipments.
79-D Direct intrastate wine shipments.
80 Wine tasting.
81 License to sell wine at retail for consumption on the premises.
81-A Special license to sell wine at retail for consumption on the premises.
82 Prohibited sales.
83 License fees.
84 License fees; when due and payable; fee for part of year.
85 Purchase from private collection.
 S 75.Kinds  of licenses. The following licenses may be issued for the
  manufacture and sale of wine, to wit:
1. Winery license;
    1-a. Farm winery license;
    1-b. Temporary winery or farm winery permit;
    1-c. Micro-winery license;
    2.   Wholesaler's license;
    3.   Seven day license to sell wine at retail for  consumption  off  the
         premises subject to paragraph (a) of subdivision fourteen of section
         one hundred five of this chapter.
    4.   License to sell wine at retail for consumption on the premises;
    5.   Roadside farm market license.

 S 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 winery license shall authorize the holder thereof:
    (a) to operate a winery for the manufacture of wine  at  the  premises
  specifically designated in the license;
    (b)  to  receive  and  possess  wine  from other states consigned to a
  United States government bonded winery, warehouse or  storeroom  located
  within the state;
    (c)   to  sell  in  bulk  from  the  licensed  premises  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 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;
    (d) 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;
    (e) to sell from the licensed premises to licensed farm wineries, farm
  cideries,  farm  distilleries and farm breweries New York state labelled
  wine manufactured by the licensee in the original sealed  containers  of
  not more than fifteen gallons each; and
    (f)  to  operate,  or  use the services of, a custom crush facility as
  defined in subdivision nine-a of section three of this chapter.
    3. (a) Any person having applied for  and  received  a  license  as  a
  winery  under  this  section may conduct wine tastings of New York state
  labelled wines in establishments licensed under sections sixty-three and
  seventy-nine of this chapter to sell wine for off-premises  consumption.
  Such  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
  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  winery  by  the  bottle,  during  such  tastings  in
  establishments licensed under section sixty-four, section  sixty-four-a,
  section  eighty-one or section eighty-one-a of this chapter to sell wine
  for consumption on the premises. Such 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.  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 winery licensee.
    (c)(i)  Any  person  having  applied  for  and received a license as a
  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  winery  to  participate  in outdoor or indoor
  gatherings, functions, occasions or events  sponsored  by  a  charitable
  organization.   The 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 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 winery may charge  a  fee  for  each  wine  sample  tasted.
  Tastings  shall  be  conducted  by  an official agent, representative or
  solicitor of such winery. The  state  liquor  authority  may  promulgate
  rules  and  regulations  regarding such tastings as provided for in this
  subdivision.
    4. 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.
    4-a.  Notwithstanding any other provision of law, any winery, licensed
  pursuant to subdivision four 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.
    5. Notwithstanding any provision of this chapter to the contrary,  any
  one or more 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.  For  licensees  applying  singly,  the
  duration  of such license shall be coextensive with the duration of such
  licensee's 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.
  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,  either  singly  or  jointly,  to any licensed 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.
    6.  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.
    7. Notwithstanding any provision of this chapter to  the  contrary,  a
  licensed  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.
    8.  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.
    9. Notwithstanding any other provision  of  law  to  the  contrary,  a
  licensed winery may sell wine for consumption upon the premises known as
  the  New  York  state  fairgrounds during the annual New York state fair
  without obtaining any additional permission or payment of any additional
  fee, provided that such winery applies for, is granted and  maintains  a
  concessionaire's license from the division of the New York state fair in
  the  department  of  agriculture  and  markets and such wine is sold and
  dispensed in amounts of ten ounces or less  and  further  provided  that
  consumption  of  such wine shall be limited to and shall occur upon such
  premises.
    10. 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.
    11.  (a)  A  licensed  winery  may  manufacture, bottle and sell fruit
  juice, fruit jellies and fruit preserves, tonics,  salad  dressings  and
  unpotable wine sauces on and from 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.  These  gift
  items shall be limited to the following categories:
    (i)  Non-alcoholic  beverages  for  consumption  on  or  off premises,
  including but not limited to bottled water, juice and soda beverages.
    (ii) Food items for the purpose of complementing  wine  tasting  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.
    (iii)  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 wine product.
    (iv) 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.
    (v)  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.
    (vi)  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 may charge:
    (i) For tours of its premises; and
    (ii) 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.
    12.  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  four  of  this  section,  and/or conducting wine
  tasting at the winery, and/or 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  this  section
  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.
    13.  Notwithstanding  any  other  provision  of law to the contrary, a
  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.

  S 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, 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;
    (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,  licensed  cider
  producer or licensed farm cidery.
    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.

  S 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.

   S 76-c.Special  winery license. 1. Any person may apply to the liquor
  authority for a license to operate a special winery on the  premises  of
  an  existing  winery  licensee. 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.  The  provisions of section seventy-six of this article relating to
  the operation of a winery shall also apply to the holder  of  a  license
  under this section.
    3.  Notwithstanding  any  other  provision  of this chapter, a special
  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.

   S 76-d.Special  farm  winery  license. 1. Any person may apply to the
  liquor authority to operate a special farm winery on the premises of  an
  existing  farm  winery  licensee  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. The provisions of section seventy-six-a of this article relating to
  the  operation  of  a  farm  winery  shall also apply to the holder of a
  license under this section.

   S  76-e. Special  provisions  relating  to wineries and farm wineries
  holding a distiller's license. 1. Any person who holds a winery  license
  pursuant to section seventy-six of this article or a farm winery license
  pursuant  to  section  seventy-six-a of this article and, in addition to
  such license, holds a distiller's license pursuant to section  sixty-one
  of  this  chapter,  and  who  conducts  wine  tastings  pursuant  to the
  provisions of  such  sections  seventy-six  and  seventy-six-a  of  this
  article,  shall be authorized to conduct tastings of brandy manufactured
  by such licensed winery or licensed farm winery, at such wine tastings.
    2. All consumer tastings of brandy shall be conducted subject  to  the
  following limitations:
    (a)  Tastings of brandy shall be conducted by an official agent of one
  or more persons licensed pursuant to section sixty-one of this  chapter.
  Such  agent  shall  be physically present upon the premises at all times
  during the conducting of the consumer tasting of brandy.
    (b) No such person or persons licensed pursuant to  section  sixty-one
  of this chapter, and no official agent thereof, may provide, directly or
  indirectly: (i) more than a total of three samples of brandy for tasting
  to  a person in one calendar day; or (ii) a sample of brandy for tasting
  equal to more than one-quarter fluid ounce.
    (c) Any liability stemming from a right of  action  resulting  from  a
  consumer  tasting of brandy authorized by this section and in accordance
  with the provisions  of  sections  11-100  and  11-101  of  the  general
  obligations  law,  shall  accrue  to  the  persons  licensed pursuant to
  section sixty-one of this chapter, who conducted such tasting.
    3. The state liquor authority shall promulgate rules  and  regulations
  regarding brandy tastings as provided for in this section.
    4.  Any  person  who  holds  a  winery  license  pursuant  to  section
  seventy-six of this article or a farm winery license pursuant to section
  seventy-six-a of this article, and who is authorized to  sell  wine  for
  consumption off the premises pursuant to the provisions of such sections
  seventy-six  and  seventy-six-a  of this article, shall be authorized to
  sell brandy manufactured by such licensed winery or licensed farm winery
  for consumption off the premises. Such sale of  brandy  for  consumption
  off  the premises shall only occur at the licensed winery or farm winery
  and not at any other off-premises locations licensed to  the  winery  or
  farm winery, pursuant to subdivision four of section seventy-six of this
  article.  The  sale  of  brandy at a winery or farm winery shall also be
  subjected to the same hours of operation as set forth for  the  sale  of
  wine  at  a  winery or farm winery. The authority shall promulgate rules
  and regulations for the sale of brandy at wineries or farm wineries  for
  off-premises consumption.

   S 76-f. Roadside  farm  market  license.  1.  Any person owning or
  operating a roadside farm market may apply to the liquor authority for a
  roadside farm market license to sell wine pursuant to this section. Such
  application shall be in writing and verified,  and  shall  contain  such
  information   as  the  liquor  authority  shall  require  and  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, and the license shall remain in effect for one year.
    2.  For  the purposes of this section, the term "roadside farm market"
  means a building or structure located on a farm operation, as defined in
  subdivision eleven of section three hundred one of the  agriculture  and
  markets  law, except for a commercial horse boarding operation, in which
  New York agricultural products are primarily sold by producers,  growers
  or  farmers of such agricultural products to the general public, and the
  term  "New  York  agricultural  product"  means  any   agricultural   or
  aquacultural product of the soil or water that has been grown, harvested
  or  produced  within  the  state,  including  but not limited to fruits,
  vegetables, eggs, dairy products, meat and meat  products,  poultry  and
  poultry  products,  fish  and  fish  products, grain and grain products,
  honey, nuts, preserves, maple sap products, apple  cider,  fruit  juice,
  and Christmas trees.
    3.  A  roadside farm market license shall authorize the holder thereof
  to sell wine manufactured or produced by up to two duly licensed farm or
  special wineries or micro-wineries that are located within twenty  miles
  of  the roadside farm market by the bottle for off-premises consumption;
  provided that such market's owner, operator or representative  shall  be
  present  at  all times during which wine is being offered for sale. Such
  market shall be deemed to possess a warehouse permit and be permitted to
  warehouse up to twenty cases of wine; provided that  such  market  shall
  abide  by  all  rules  and  regulations  promulgated pursuant to section
  ninety-six  of  this  chapter  and  any  other  rules  and   regulations
  promulgated  by the liquor authority to implement the provisions of this
  section to ensure that wine stored or kept by such market is  segregated
  and  kept  in  a safe and secure location when such market is closed for
  business.
    4. The sale of wine pursuant to this section shall occur  only  within
  the  hours  fixed  by or pursuant to subdivision fourteen of section one
  hundred five of this chapter. Notwithstanding the provisions of  section
  eighty  of  this article or any other provision of law, no wine tastings
  shall be conducted at  a  roadside  farm  market  that  sells  wine  for
  off-premises consumption pursuant to the provisions of this section.
    5.  The  liquor  authority,  in  consultation  with  the department of
  agriculture and markets, shall  promulgate  any  rules  and  regulations
  necessary to implement the provisions of this section.

  S 78.Wholesaler's  wine  license.    1.  The  procedure  contained in
  section  sixty-two  hereof  shall  apply  so  far   as   applicable   to
  applications  for  a  wholesaler's  wine  license.    Such license shall
  contain a description of the  licensed  premises  and  in  form  and  in
  substance  shall  be  a  license  to  the  person  therein  specifically
  designated  to  sell  wine  at  wholesale  in   the   premises   therein
  specifically licensed in the original sealed containers of not more than
  fifteen  gallons  each  to  duly  licensed  manufacturers,  wholesalers,
  retailers and permittees in this state, and to sell or deliver such wine
  to persons outside the state pursuant to the laws of the place  of  such
  sale or delivery.
    2. 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 wholesale wine licensee upon  application  therefor  a  certificate
  authorizing  such wholesaler to sell wine at retail in sealed containers
  to a regularly organized church, synagogue or religious organization for
  sacramental purposes.

  S 79.Seven day license to sell wine at retail for consumption off the
  premises.  1.  The  procedure  set  forth in section sixty-three of this
  chapter shall apply so far as applicable to applications for  seven  day
  licenses  to sell wine at retail for off-premise consumption. Such seven
  day license shall in form and in substance be a license  to  the  person
  specifically   licensed   to   sell   wine  at  retail  for  off-premise
  consumption.
    1-a. The liquor authority shall convert all current licenses  to  sell
  wine at retail for consumption off the premises to seven day licenses to
  sell  wine  at  retail  for  consumption  off  the  premises pursuant to
  subdivision three of section seventy-five of this article. However,  the
  conversion  of  the  license  to  the seven day license shall not affect
  licenses other than licenses issued pursuant  to  subdivision  three  of
  section seventy-five of this article prior to the effective date of part
  W3 of chapter 62 of the laws of 2003.
    2. Not more than one license shall be granted to any person under this
  section.
    3.  No  licensee  under  this  section  shall  be engaged in any other
  business in the premises licensed. The sale of those items  specifically
  enumerated  in  subdivision  four of section sixty-three of this chapter
  shall not constitute engaging in another business within the meaning  of
  this subdivision.
    4. Determinations under this section with respect to the issuance of a
  new  license  or  under  section  one hundred eleven with respect to the
  transfer to any other premises of a license issued  hereunder  shall  be
  made in accordance with public convenience and advantage.

  S 79-a.Authorization  to  sell wine products by certain licensees for
  consumption off the premises. 1. Any person licensed  to  sell  beer  at
  retail  for consumption off the premises, pursuant to section fifty-four
  of this chapter, shall, by virtue of such license and  upon  payment  to
  the  liquor  authority  of  an  additional fee in the sum of one hundred
  sixty-five dollars in cities having a population of one hundred thousand
  or over and eighty-three dollars elsewhere, be granted authorization  to
  sell  from  the licensed premises wine products in sealed containers for
  consumption off such premises. Upon receipt of such additional fee,  the
  liquor authority shall promptly issue a permit authorizing such sales by
  the licensee.
    2.  Notwithstanding  any  other provisions of this chapter, any person
  receiving a permit pursuant to this section shall  be  subject  to  such
  provisions  of  this  chapter  as  are  applicable  to  persons licensed
  pursuant to section  fifty-four  of  this  chapter,  and  not  to  those
  provisions  which  are  applicable  only to persons licensed pursuant to
  sections sixty-three and seventy-nine of this chapter.

 S 79-b.Authorization  to  sell wine products by certain licensees for
  consumption on the premises.  1. Any person licensed  to  sell  beer  at
  retail  for  consumption on the premises, pursuant to section fifty-five
  of this chapter, shall, by virtue of such license and  upon  payment  to
  the  liquor  authority  of  an  additional fee in the sum of one hundred
  ninety-two dollars in cities having a population of one hundred thousand
  or over and ninety-six dollars elsewhere, be  granted  authorization  to
  sell  from  the  licensed premises wine products in sealed containers at
  retail for consumption on or off such premises.  Upon  receipt  of  such
  additional  fee,  the  liquor  authority  shall  promptly issue a permit
  authorizing such sales by the licensee.
    1-a. Any person licensed to sell beer at retail for consumption on the
  premises, pursuant to section fifty-five-a of this  chapter,  shall,  by
  virtue  of  such  license and upon payment to the liquor authority of an
  additional fee in the sum of one hundred ninety-two  dollars  in  cities
  having  a  population  of  one  hundred  thousand or over and ninety-six
  dollars elsewhere, be granted authorization to sell  from  the  licensed
  premises wine products in sealed containers at retail for consumption on
  such premises. Upon receipt of such additional fee, the liquor authority
  shall promptly issue a permit authorizing such sales by the licensee.
    2.  Notwithstanding  any  other provisions of this chapter, any person
  receiving a permit pursuant to this section shall  be  subject  to  such
  provisions  of  this  chapter  as  are  applicable  to  persons licensed
  pursuant to section  fifty-five  of  this  chapter,  and  not  to  those
  provisions  which  are  applicable  only to persons licensed pursuant to
  sections sixty-four and eighty of this chapter.

  S  79-c.  Direct   interstate   wine  shipments.  1.  Authorization.
  Notwithstanding  any  provision  of  law,  rule  or  regulation  to  the
  contrary, any holder of a license to manufacture wine in any other state
  who  obtains  an  out-of-state  direct shipper's license, as provided in
  this section, may ship no more than thirty-six cases (no more than  nine
  liters  each  case)  of  wine  produced  by such license holder per year
  directly to a resident of New York who is at least twenty-one  years  of
  age,  for  such resident's personal use and not for resale, provided the
  state in which such person is  so  licensed  affords  lawful  means  for
  shipments  of  wine to be received by a resident thereof who is at least
  twenty-one years of age, for such resident's personal use  and  not  for
  resale,  from  a  person  licensed  in this state as a manufacturer and,
  provided further, that the state in which such  out-of-state  winery  is
  located  affords  to  New  York  state  winery and farm winery licensees
  reciprocal shipping privileges, meaning  shipping  privileges  that  are
  substantially  similar  to  the  requirements in this section. No person
  shall place an order for shipment of wine  unless  they  are  twenty-one
  years  of age or older. Any common carrier with a permit issued pursuant
  to this chapter to whom such out-of-state shipper's license is presented
  is authorized to make delivery of shipments provided  for  hereunder  in
  this state in compliance with this section.
    2.  License.  Before  sending  any shipment hereunder to a resident in
  this state, the out-of-state shipper shall first obtain a  license  from
  the  authority  under  procedures prescribed by rules and regulations of
  the authority and after providing the authority with a true copy of  its
  current license to manufacture wine in the applicant's state of domicile
  along  with a copy of the applicant's federal basic permit after payment
  of an annual fee of one hundred twenty-five dollars. Notwithstanding the
  provisions of section one hundred ten of this chapter, the authority  in
  its discretion, may excuse an out-of-state winery from the submission of
  such information.
    3.  Licensee's  responsibilities. The holder of an out-of-state direct
  shipper's license shall:
    (a) ship no more than thirty-six cases (no more than nine liters  each
  case) per year of wine produced by such license holder directly to a New
  York  state  resident  who is at least twenty-one years of age, for such
  resident's personal use and not for resale;
    (b) ensure that the outside of each shipping container  used  to  ship
  wine  directly  to a New York resident is conspicuously labeled with the
  words:  "CONTAINS WINE - SIGNATURE OF PERSON AGE 21  OR  OLDER  REQUIRED
  FOR  DELIVERY  -  NOT  FOR  RESALE," or with other language specifically
  approved by the New York state liquor authority;
    (c) maintain records in such manner and  form  as  the  authority  may
  direct,  showing  the  total  amount of wine shipped into the state each
  calendar year; the names and addresses of the  purchasers  to  whom  the
  wine  was  shipped,  the  date purchased, the name of the common carrier
  used to deliver the wine, and the quantity and value of each shipment;
    (d) in connection with the acceptance of an order for  a  delivery  of
  wine  to  a  New  York  resident,  require  the  prospective customer to
  represent that he or she has attained the age  of  twenty-one  years  or
  more  and that the wine being purchased will not be resold or introduced
  into commerce;
    (e) require common carriers to:
    (i) require a recipient, at the delivery address,  upon  delivery,  to
  demonstrate  that  the  recipient is at least twenty-one years of age by
  providing a valid form  of  photographic  identification  authorized  by
  section sixty-five-b of this chapter;
    (ii)  require a recipient to sign an electronic or paper form or other
  acknowledgement of receipt as approved by the authority; and
    (iii)  refuse delivery when the proposed recipient appears to be under
  twenty-one years of age and refuses to present valid  identification  as
  required by subparagraph (i) of this paragraph;
    (f)  file  returns  with  and  pay to the New York state department of
  taxation and finance all state and local sales taxes  and  excise  taxes
  due  on  sales  into  this  state  in  accordance  with  the  applicable
  provisions of the tax law relating to such taxes,  the  amount  of  such
  taxes  to be determined on the basis that each sale in this state was at
  the location where delivery is made;
    (g) keep all records required by this  section  for  three  years  and
  provide  copies  of such records, upon written request, to the authority
  or the department of taxation and finance;
    (h) permit the authority or the department of taxation and finance  to
  perform an audit of such out-of-state shipper upon request;
    (i)  execute  a written consent to the jurisdiction of this state, its
  agencies and instrumentalities and the courts of this  state  concerning
  enforcement of this section and any related laws, rules, or regulations,
  including tax laws, rules or regulations; and
    (j)  prior  to  obtaining  an  out-of-state  direct shipper's license,
  obtain a certificate of authority pursuant  to  section  eleven  hundred
  thirty-four  of the tax law and a registration as a distributor pursuant
  to sections four hundred twenty-one and four hundred twenty-two  of  the
  tax law.
    4.  Situs.  Delivery  of  a shipment in this state by the holder of an
  out-of-state direct shipper's license shall be deemed  to  constitute  a
  sale  in this state at the place of delivery and shall be subject to all
  excise taxes levied pursuant to section four hundred twenty-four of  the
  tax law and all sales taxes levied pursuant to articles twenty-eight and
  twenty-nine of such law.
    5.  Renewal.  The  out-of-state shipper may annually renew its license
  with the authority by paying a one hundred  twenty-five  dollar  renewal
  fee,  providing the authority with a true copy of its current license in
  such other state as an alcoholic beverage manufacturer and by  complying
  with such other procedures as are prescribed by rule of the authority.
    6. Rules and regulations. The authority and the department of taxation
  and  finance  may  promulgate  rules  and  regulations to effectuate the
  purposes of this section.
    7. Enforcement. The authority may enforce  the  requirements  of  this
  section  including  the  requirements  imposed on the common carrier, by
  administrative  proceedings  to  suspend  or  revoke   an   out-of-state
  shipper's   license   and   the  authority  may  accept  payment  of  an
  administrative  fine  in  lieu  of  suspension,  such  payments  to   be
  determined  by  rules  or  regulations  promulgated by the authority. In
  addition, the authority or the attorney general of the state of New York
  shall report violations of  this  section,  where  appropriate,  to  the
  United  States  department  of  treasury,  tax  and  trade  bureau,  for
  administrative action to suspend or revoke the federal basic permit.
    8. Violations. In any action brought under this  section,  the  common
  carrier and the licensee shall only be held liable for their independent
  acts.

   S  79-d. Direct  intrastate wine shipments. Any person having applied
  for and received a license as a winery or  farm  winery  under  sections
  seventy-six,  seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d
  and seventy-six-f of this article may ship no more than thirty-six cases
  (no more than nine liters per case) of wine produced by such winery  for
  farm  winery  per  year  directly to a New York state resident who is at
  least twenty-one years of age, for such resident's personal use and  not
  for resale.
    1. Licensee's shipping responsibilities. Notwithstanding any provision
  to  the  contrary contained in this chapter, any above referred licensee
  shall:
    (a) in the case of a farm winery licensee or a winery  licensee,  ship
  no  more  than  thirty-six  cases (no more than nine liters) per year of
  wine produced by such license  holder  directly  to  a  New  York  state
  resident  who  is  at least twenty-one years of age, for such resident's
  personal use and not for resale;
    (b) ensure that the outside of each shipping container  used  to  ship
  wine directly to a New York state resident is conspicuously labeled with
  the words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
  FOR  DELIVERY,"  or with other language specifically approved by the New
  York state liquor authority;
    (c) maintain records in such manner and  form  as  the  authority  may
  direct  showing  the  total  amount  of  wine  shipped in the state each
  calendar year, the names and addresses of the  purchasers  to  whom  the
  wine  was  shipped,  the  date purchased, the name of the common carrier
  used to deliver the wine, and the quantity and value of  each  shipment.
  Such records shall be kept for three years and, upon written request, be
  provided to the authority or the department of taxation and finance;
    (d)  in  connection  with the acceptance of an order for a delivery of
  wine to a  New  York  resident,  require  the  prospective  customer  to
  represent  that  he  or  she has attained the age of twenty-one years or
  more and that the wine being purchased will not be resold or  introduced
  into commerce; and
    (e) require common carriers to:
    (i)  require  a  recipient, at the delivery address, upon delivery, to
  demonstrate that the recipient is at least twenty-one years  of  age  by
  providing  a  valid  form  of  photographic identification authorized by
  section sixty-five-b of this chapter;
    (ii) require a recipient to sign an electronic or paper form or  other
  acknowledgment of receipt as approved by the authority; and
    (iii)  refuse delivery when the proposed recipient appears to be under
  twenty-one years of age and refuses to present valid  identification  as
  required by paragraph (a) of this subdivision.
    2.  Violations.  In  any action brought under this section, the common
  carrier and the licensee shall only be held liable for their independent
  acts.

  S 80.Wine  tasting.  1.  Except  as  otherwise  provided  for in this
  chapter, any person licensed to sell wine pursuant to this  article,  or
  section  sixty-three  or  section seventy-nine of this chapter, shall be
  permitted to conduct wine tastings only upon the licensed premises. Wine
  tastings which are conducted under the auspices of an official agent  of
  a  farm  winery, winery, wholesaler, or importer and where such agent is
  physically present at all times during the conduct of the tasting, then,
  in that event, 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, winery, wholesaler, or importer.
    2. In addition to  such  other  wine  tastings  permitted  under  this
  chapter,  licensed  farm  wineries,  wineries,  and wine wholesalers may
  apply for a permit, pursuant  to  paragraph  k  of  subdivision  one  of
  section  ninety-nine-b  of  this chapter, to conduct wine tastings. Such
  permits shall be valid throughout the state and  may  be  issued  on  an
  annual basis or for individual events. Each such permit and the exercise
  of  the  privilege granted thereby shall be subject to such rules of the
  liquor authority as it deems necessary.

   S  81.License to sell wine at retail for consumption on the premises.
  1.  The procedure set forth in section sixty-four hereof shall apply  so
  far  as  applicable  to applications for licenses to sell wine at retail
  for consumption on the premises, except as provided in  subdivision  two
  of this section.
    2.  No  such  license  shall  be issued to any person for any premises
  other than premises for which a license  may  be  issued  under  section
  sixty-four  of this chapter or a hotel or premises which are kept, used,
  maintained, advertised or held out to the public to  be  a  place  where
  food  is  prepared  and  served  for consumption on the premises in such
  quantities as to satisfy the liquor authority  that  the  sale  of  wine
  intended  is  incidental to and not the prime source of revenue from the
  operation of such premises. Such license may also include such  suitable
  space  outside the licensed premises and adjoining it as may be approved
  by the liquor authority.
    3. Such license shall in form and in substance be  a  license  to  the
  person specifically licensed to sell wine at retail, to be consumed upon
  the  premises. Such license shall also be deemed to include a license to
  sell beer and soju at retail to be consumed under  the  same  terms  and
  conditions  without  the payment of any additional fee. For the purposes
  of this subdivision, "soju" shall  mean  an  imported  Korean  alcoholic
  beverage  that contains not more than twenty-four per centum alcohol, by
  volume, and is derived from agricultural products.
    4. A restaurant licensed to sell wine under this section may permit  a
  patron   to   remove  one  unsealed  bottle  of  wine  for  off-premises
  consumption provided that the patron has purchased a  full  course  meal
  and  consumed  a  portion  of  the  bottle of wine with such meal on the
  restaurant premises. For the purposes of this subdivision the term "full
  course meal" shall  mean  a  diversified  selection  of  food  which  is
  ordinarily consumed with the use of tableware and cannot conveniently be
  consumed  while standing or walking. A partially consumed bottle of wine
  that is to be removed from the premises  pursuant  to  this  subdivision
  shall  be  securely  sealed  by the licensee or an agent of the licensee
  prior to removal from the premises, in a bag such  that  it  is  visibly
  apparent  that  such resealed bottle of wine has not been tampered with.
  Such licensee or agent of the licensee shall provide a dated receipt for
  the bottle of wine to the patron.

  S 81-a.Special  license to sell wine at retail for consumption on the
  premises.  1. On or after the effective date hereof, any person may make
  an application to the appropriate board for a special  license  to  sell
  wine at retail to be consumed on the premises where sold.
    2. Such special license shall in form and in substance be a license to
  the  person  specifically licensed to sell wine at retail to be consumed
  on the premises specifically licensed. Such license shall also be deemed
  to include a license to sell beer at retail to  be  consumed  under  the
  same terms and conditions, without the payment of any additional fee.
    3.  The  provisions  contained in subdivisions three, four, six, eight
  and nine of section sixty-four-a shall apply to applicants for  licenses
  under this section.
    4.  a.  No such license shall be issued to any person for any premises
  other than premises for which a license  may  be  issued  under  section
  sixty-four  of this chapter or a hotel or premises which are kept, used,
  maintained, advertised or held out to the public to  be  a  place  where
  food  is  prepared  and  served  for consumption on the premises in such
  quantities as to satisfy the liquor authority  that  the  sale  of  wine
  intended  is  incidental to and not the prime source of revenue from the
  operation of such premises. Such license may also include such  suitable
  space  outside the licensed premises and adjoining it as may be approved
  by the liquor authority.
    b.  Notwithstanding  paragraph  a  of  this  subdivision,  a   special
  on-premises license for a premises in which the principal business shall
  be  the  operation  of  a  legitimate theater by a corporation organized
  pursuant  to  the  not-for-profit  corporation  law   may   be   granted
  notwithstanding  the  proximity of such premises to any school, provided
  that the availability of alcoholic beverages on such premises shall  not
  be  advertised  in  any  way at such premises in any manner visible from
  such street or avenue.

  S 82.Prohibited sales.  The restrictions contained in section
  sixty-five hereof shall apply to persons licensed to sell wine at retail.

  S 83.License  fees.  1.  The annual fee for a winery license shall be
  six hundred twenty-five dollars.
    1-a. The annual fee for a farm winery license  shall  be  one  hundred
  twenty-five  dollars,  provided  that  the  annual fee for a farm winery
  manufacturing no more than fifteen  hundred  finished  gallons  of  wine
  annually shall be fifty dollars.
    1-b. The fee for a temporary winery or farm winery permit shall be one
  hundred twenty-five dollars.
    1-d.  The  fee  for  each  license  issued for a winery or farm winery
  licensee's authority to conduct wine tastings and the sale of  New  York
  state  labelled wines for off-premises consumption pursuant to paragraph
  (c) of subdivision two of section seventy-six of this article  shall  be
  forty dollars.
    2.  The  annual  fee  for a license to sell wine at wholesale shall be
  eight hundred dollars.
    3. The annual fee for a license to sell wine  at  retail,  not  to  be
  consumed  on  the  premises, shall be six hundred forty dollars for each
  such place where  such  business  is  carried  on  in  cities  having  a
  population  of  one  million  or  more;  in  cities having less than one
  million population and more than one  hundred  thousand,  three  hundred
  twenty  dollars;  and  elsewhere,  the  sum  of  one  hundred forty-five
  dollars.
    4. The annual fee for selling wine at retail, to be  consumed  on  the
  premises where sold, shall be as follows:
    (a)  In cities having a population of one hundred thousand or over the
  sum of four hundred eighty dollars per year; and
    (b) Elsewhere, the sum of two hundred forty dollars per year.
    4-a. The annual fee for a  license  to  sell  wine  at  retail  to  be
  consumed  on  the  premises where sold where the premises to be licensed
  remain open only within the period commencing  April  first  and  ending
  October  thirty-first  of  any  one  year  or  only  within  the  period
  commencing October first and ending the following April  thirtieth,  the
  liquor  authority,  in  its  discretion,  may  grant  a summer or winter
  license effective only for such appropriate period of time, for which an
  annual fee of one hundred twelve dollars shall be paid.
    5. The annual fee for a special license to sell wine at retail, to  be
  consumed on the premises where sold, shall be as follows:
    (a) In cities having a population of one hundred thousand or over, the
  sum of five hundred seventy-six dollars per year; and
    (b) Elsewhere, the sum of two hundred seventy dollars per year.
    6.  The  annual  fee for a special winery license shall be six hundred
  twenty-five dollars.
    7. The annual fee for a special  farm  winery  license  shall  be  one
  hundred twenty-five dollars.
    8.  The  annual  fee  for  a roadside farm market license shall be one
  hundred dollars.

  S 84.License fees; when due and payable; fee for part of year.  The
provisions contained in section sixty-seven shall apply to all licenses
issued pursuant to this article.

  S 85.Purchase from private collection. Notwithstanding any other
provisions of this chapter any nonlicensed person owning bottled wine is
authorized to sell that wine to a wholesale or retail licensee
authorized to sell wine. The licensee involved in such sale shall ensure
that each bottle of wine sold from a private collection has a
permanently affixed label stating that the wine was acquired from a
private collection.

Top of Page
Alcoholic Beverage Control Law | Law Terms Defined | F.A.Q.'s | Law Spelling Guide
01 (1-3) | 02 (10-19) | 04 (50-57a) | 04-A (58-59) | 05 (60-67) | 06 (75-85) | 07 (90-99g) | 08 (100-131) | 09 (140-147) | 10 (150-155) | 11 (160-164)

Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by YPDcrime.com for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.