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New York Alcoholic Beverage Control Law Section 76-b - Temporary Winery Or Farm Winery Permit.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 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 winery or farm winery
permit. 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 or farm winery license to such applicant.
2. Upon application, the liquor authority shall issue a temporary
winery or farm winery permit when the applicant:
(a) either requires a license to establish a winery to produce or
manufacture wine or has a winery or 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 or farm winery licensee to purchase, obtain or acquire
part or full ownership rights in the assets or stock of an existing and
operating winery facility; 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 or farm winery license.
(c) the applicant has substantially complied with the requirements
necessary to obtain a winery or farm winery license.
(d) upon issuance of the temporary permit, the winery or farm winery
license for said premises shall have been surrendered into safekeeping
pursuant to rules of the liquor authority.
(e) the applicant for the temporary permit shall have filed
concurrently with the liquor authority an application for a permanent
winery or farm winery license at such premises.
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 winery or farm winery permit shall authorize the holder
thereof to operate a winery or 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 a temporary winery
permit or a temporary farm winery permit to conduct any of the
activities permitted, respectively, by section seventy-six, section
seventy-six-a or seventy-seven of this chapter.
6. Such temporary permit shall remain in effect for six months or
until the permittee is issued a permanent winery or farm winery license,
whichever is shorter. Such permit may be extended at the discretion of
the authority for an additional three month period of time upon payment
of an additional fee of fifty dollars. 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.
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Last modified: August 26, 2006 |