State Codes and Statutes

Statutes > New-york > Abc > Article-6 > 76-a

§ 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.    3. A farm winery license shall authorize the holder thereof to operate  a  farm  winery for the manufacture of wine at the premises specifically  designated in the license. Such a license shall also authorize the  sale  in  bulk  by  such  licensee  from the licensed premises of 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. It shall also authorize the holder  thereof 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, or  at  retail  for  consumption  off  the  premises,  wine  manufactured  by the licensee as above set forth 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 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. Such license shall also be deemed to include  authorization to sell cider and wine at retail for consumption on or off  the premises; and to 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. Notwithstanding any other provision  of  law,  any  farm  winery,  licensed  pursuant  to subdivision three 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  whilestanding  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 a class A-1, B-1, or  C  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  a  class A-1, B-1, or C  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.    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  orjuice  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  thesame  manner  as tastings of brandy pursuant to section seventy-six-e of  this article.    7.  No licensed farm winery shall manufacture in excess of one hundred  fifty thousand finished gallons of wine annually.

State Codes and Statutes

Statutes > New-york > Abc > Article-6 > 76-a

§ 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.    3. A farm winery license shall authorize the holder thereof to operate  a  farm  winery for the manufacture of wine at the premises specifically  designated in the license. Such a license shall also authorize the  sale  in  bulk  by  such  licensee  from the licensed premises of 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. It shall also authorize the holder  thereof 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, or  at  retail  for  consumption  off  the  premises,  wine  manufactured  by the licensee as above set forth 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 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. Such license shall also be deemed to include  authorization to sell cider and wine at retail for consumption on or off  the premises; and to 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. Notwithstanding any other provision  of  law,  any  farm  winery,  licensed  pursuant  to subdivision three 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  whilestanding  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 a class A-1, B-1, or  C  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  a  class A-1, B-1, or C  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.    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  orjuice  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  thesame  manner  as tastings of brandy pursuant to section seventy-six-e of  this article.    7.  No licensed farm winery shall manufacture in excess of one hundred  fifty thousand finished gallons of wine annually.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-6 > 76-a

§ 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.    3. A farm winery license shall authorize the holder thereof to operate  a  farm  winery for the manufacture of wine at the premises specifically  designated in the license. Such a license shall also authorize the  sale  in  bulk  by  such  licensee  from the licensed premises of 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. It shall also authorize the holder  thereof 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, or  at  retail  for  consumption  off  the  premises,  wine  manufactured  by the licensee as above set forth 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 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. Such license shall also be deemed to include  authorization to sell cider and wine at retail for consumption on or off  the premises; and to 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. Notwithstanding any other provision  of  law,  any  farm  winery,  licensed  pursuant  to subdivision three 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  whilestanding  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 a class A-1, B-1, or  C  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  a  class A-1, B-1, or C  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.    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  orjuice  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  thesame  manner  as tastings of brandy pursuant to section seventy-six-e of  this article.    7.  No licensed farm winery shall manufacture in excess of one hundred  fifty thousand finished gallons of wine annually.