§ 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) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article may conduct wine tastings of New York state labelled wines in establishments licensed under section sixty-three of this chapter to sell alcoholic beverages for off-premises consumption. Such winery or 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. (a-1) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article 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 or farm winery, by the bottle, during such tastings in establishments licensed under section sixty-four of this chapter to sell alcoholic beverages for consumption on the premises. Such winery or 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. (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 or 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 or winery licensee. (c)(i) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article 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 one or more licenses authorizing such winery or farm winery to participate in no more than five outdoor or indoor gatherings, functions, occasions or events sponsored by a charitable organization for each such license. The winery or farm winery must give written notice of the date, time and specific location of each of the five tastings authorized by a license to the authority at least fifteen days prior to such tastings authorized by such license. A winery or farm winery that obtains a license to conduct such wine tastings does not need to apply for or obtain atemporary 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. (iii) Such winery or farm winery may charge a fee for each wine sample tasted. Tastings shall be conducted by an official agent, representative or solicitor of such winery or farm winery. The state liquor authority may promulgate rules and regulations regarding such tastings as provided for in this subdivision. 3. 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. 3-a. Notwithstanding any other provision of law, any winery, licensed pursuant to subdivision three 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. 4. Notwithstanding any provision of this chapter to the contrary, any one or more winery licensees or farm 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. The duration of such license shall be coextensive with the duration of such licensee's winery license or farm 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 winetastings and engage in any of the activities authorized by paragraphs (a), (b) and (c) of subdivision four of section seventy-seven of this article on such licensed premises. 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 to any licensed winery or farm 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 or farm winery licensee. * 5. 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.* NB There are 2 sb 5's * 5. Notwithstanding any provision of this chapter to the contrary, a licensed winery or a licensed farm 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. * NB There are 2 sb 5's 6. 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. 7. Notwithstanding any other provision of law to the contrary, a licensed winery or farm 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.
§ 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) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article may conduct wine tastings of New York state labelled wines in establishments licensed under section sixty-three of this chapter to sell alcoholic beverages for off-premises consumption. Such winery or 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. (a-1) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article 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 or farm winery, by the bottle, during such tastings in establishments licensed under section sixty-four of this chapter to sell alcoholic beverages for consumption on the premises. Such winery or 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. (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 or 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 or winery licensee. (c)(i) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article 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 one or more licenses authorizing such winery or farm winery to participate in no more than five outdoor or indoor gatherings, functions, occasions or events sponsored by a charitable organization for each such license. The winery or farm winery must give written notice of the date, time and specific location of each of the five tastings authorized by a license to the authority at least fifteen days prior to such tastings authorized by such license. A winery or farm winery that obtains a license to conduct such wine tastings does not need to apply for or obtain atemporary 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. (iii) Such winery or farm winery may charge a fee for each wine sample tasted. Tastings shall be conducted by an official agent, representative or solicitor of such winery or farm winery. The state liquor authority may promulgate rules and regulations regarding such tastings as provided for in this subdivision. 3. 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. 3-a. Notwithstanding any other provision of law, any winery, licensed pursuant to subdivision three 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. 4. Notwithstanding any provision of this chapter to the contrary, any one or more winery licensees or farm 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. The duration of such license shall be coextensive with the duration of such licensee's winery license or farm 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 winetastings and engage in any of the activities authorized by paragraphs (a), (b) and (c) of subdivision four of section seventy-seven of this article on such licensed premises. 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 to any licensed winery or farm 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 or farm winery licensee. * 5. 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.* NB There are 2 sb 5's * 5. Notwithstanding any provision of this chapter to the contrary, a licensed winery or a licensed farm 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. * NB There are 2 sb 5's 6. 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. 7. Notwithstanding any other provision of law to the contrary, a licensed winery or farm 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.
§ 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) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article may conduct wine tastings of New York state labelled wines in establishments licensed under section sixty-three of this chapter to sell alcoholic beverages for off-premises consumption. Such winery or 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. (a-1) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article 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 or farm winery, by the bottle, during such tastings in establishments licensed under section sixty-four of this chapter to sell alcoholic beverages for consumption on the premises. Such winery or 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. (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 or 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 or winery licensee. (c)(i) Any person having applied for and received a license as a winery or farm winery under this section or section seventy-six-a of this article 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 one or more licenses authorizing such winery or farm winery to participate in no more than five outdoor or indoor gatherings, functions, occasions or events sponsored by a charitable organization for each such license. The winery or farm winery must give written notice of the date, time and specific location of each of the five tastings authorized by a license to the authority at least fifteen days prior to such tastings authorized by such license. A winery or farm winery that obtains a license to conduct such wine tastings does not need to apply for or obtain atemporary 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. (iii) Such winery or farm winery may charge a fee for each wine sample tasted. Tastings shall be conducted by an official agent, representative or solicitor of such winery or farm winery. The state liquor authority may promulgate rules and regulations regarding such tastings as provided for in this subdivision. 3. 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. 3-a. Notwithstanding any other provision of law, any winery, licensed pursuant to subdivision three 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. 4. Notwithstanding any provision of this chapter to the contrary, any one or more winery licensees or farm 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. The duration of such license shall be coextensive with the duration of such licensee's winery license or farm 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 winetastings and engage in any of the activities authorized by paragraphs (a), (b) and (c) of subdivision four of section seventy-seven of this article on such licensed premises. 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 to any licensed winery or farm 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 or farm winery licensee. * 5. 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.* NB There are 2 sb 5's * 5. Notwithstanding any provision of this chapter to the contrary, a licensed winery or a licensed farm 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. * NB There are 2 sb 5's 6. 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. 7. Notwithstanding any other provision of law to the contrary, a licensed winery or farm 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.
