§ 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 and mead at the
premises specifically designated in the license;

(b) to receive and possess wine and mead 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 and mead received by such
licensee from any other state to any winery licensee, or meadery license
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 or mead 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 and mead 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 and mead
to persons outside the state pursuant to the laws of the place of such
sale or delivery. All wine and mead 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 at the licensed premises, conduct tastings
of, and sell at retail for consumption on or off the licensed premises,
any wine or wine product manufactured by the licensee or any New York
state labeled wine or New York state labeled wine product or any New
York state labeled cider. Provided, however, for tastings and sales for
on-premises consumption, the licensee shall regularly keep food
available for sale or service to its retail customers for consumption on
the premises. A licensee providing the following shall be deemed in
compliance with this provision: (i) sandwiches, soups or other such
foods, whether fresh, processed, pre-cooked or frozen; and/or (ii) food
items intended to complement the tasting of alcoholic beverages, which
shall mean a diversified selection of food that is ordinarily consumed
without the use of tableware and can be conveniently consumed while
standing or walking, including but not limited to: cheeses, fruits,
vegetables, chocolates, breads, mustards and crackers. All of the
provisions of this chapter relative to licenses to sell wine at retail
for consumption on or off the premises shall apply so far as applicable
to such licensee.

4-a. A licensed winery may operate a restaurant, hotel, catering
establishment, or other food and drinking establishment in or adjacent
to the licensed premises and sell at such place, at retail for
consumption on the premises, wine, mead and wine products manufactured
by the licensee and any New York state labeled wine, mead or New York
state labeled wine product. All of 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 licensee.
Notwithstanding any other provision of law, the licensed winery may
apply to the authority for a license under article four of this chapter
to sell other alcoholic beverages at retail for consumption on the
premises at such establishment.

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.

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.

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 or
mead for sale for personal or family use, provided, however, that (a)
the wine or mead must be purchased by the individual assisting in the
production of such wine or mead; and (b) the owner, employee or agent of
such winery shall be present at all times during such production.

14. Any person licensed under this section shall manufacture at least
fifty gallons of wine and/or mead per year.