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Alcoholic Beverage Control Law
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Article 6 - NY 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.
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