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New York Alcoholic Beverage Control - Article 6 - § 76-F Roadside Farm Market License

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Alcoholic Beverage Control 
 
    * §  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.
    * NB Effective March 26, 2014
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Last modified: February 14, 2014