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New York Alcoholic Beverage Control Law Section 76-a - Farm Winery License.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 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.
3. A farm winery license shall authorize the holder thereof to operate
a farm winery for the manufacture of wine at the premises specifically
designated in the license. Such a license shall also authorize the sale
in bulk by such licensee from the licensed premises of 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. It shall also authorize the holder
thereof to sell from the licensed premises to a licensed wholesaler or
retailer, or to a corporation operating railroad cars or aircraft for
consumption on such carriers, or at retail for consumption off the
premises, wine manufactured by the licensee as above set forth 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 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. Such license shall also be deemed to include
authorization to sell cider and wine at retail for consumption on or off
the premises; and to 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. Notwithstanding any other provision of law, any farm winery,
licensed pursuant to subdivision three 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 and unpotable wine cooking 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. These gift
items shall be limited to the following categories:
(1) Wine supplies, which shall include any item utilized for the
storage, serving or consumption of wine. These supplies may be sold as
single items or may be combined into a package sold as a unit item or
may be combined into a package containing wine or a wine product;
(2) Food items, which shall include any food or food product not
specifically prepared for immediate consumption upon the premises. Such
food items may be combined into a package containing wine or a wine
product;
(3) Souvenirs, which shall include any item which can be construed to
represent or serve as a memento of the licensed premises or of the state
of New York.
(4) New York state labelled wine produced or manufactured by any other
New York state winery or farm winery licensee. Such wine may be
purchased outright by the licensee from a New York winery or farm winery
licensee or obtained on a consignment basis pursuant to a written
agreement between the selling and purchasing licensee.
(c) 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.
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
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 from an out-of-state source for such purpose.
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.
7. No licensed farm winery shall manufacture in excess of one hundred
fifty thousand finished gallons of wine annually.
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Last modified: August 26, 2006 |