State Codes and Statutes

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

§ 76-c. Special  winery license. 1. Any person may apply to the liquor  authority for a license to operate a winery on the premises of a  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. (a) Any person having applied for and received a license under this  section  or  section  seventy-six-d  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.  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 of one or more  wineries or farm wineries. Such agent 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 operator or winery licensee operator.    3.  Special  winery  licensees  licensed  under the provisions of this  section may apply to the liquor authority for a license to sell wine  at  retail  for  consumption  on  the  premises in a restaurant owned by the  licensee and conducted and operated by the licensee in  or  adjacent  to  the  winery  for  which  the licensee is licensed. All the provisions of  this  chapter  relative  to  licensure  to  sell  wine  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  special winery licensees licensed under the provisions of  this section or a special farm  winery  licensee  licensed  pursuant  to  section  seventy-six-d  of this article, 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 under the provisions of this section. Such license shall  also entitle the holder thereof to conduct wine tastings 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  special winery licensee or special farm winery licensee  licensed under the provisions of this section. 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  subjectto  the same rules and regulations as are applicable to the sale of wine  at retail for consumption off the premises of a  winery  licensee  or  a  farm winery licensee.    For  purposes  of this subdivision, New York state labelled wine shall  mean wine made from grapes, at least seventy-five percent the volume  of  which were grown in New York state.    5.  Notwithstanding  any  provision of this chapter to the contrary, a  special winery licensee or a special farm winery licensee 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, a representative from the winery must be present at the time  of sale.    6. Any special farm winery licensee licensed pursuant to this  section  is  authorized  to  engage  in  what  is  commonly known as wine by wire  services whereby a special farm winery licensee  within  the  state  may  make deliveries on behalf of other wineries within the state.    7. The provisions of section seventy-seven of this article relating to  the  manufacture  and  sale  of  wine in bulk shall also apply as far as  practicable to the holder of a license under this section.

State Codes and Statutes

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

§ 76-c. Special  winery license. 1. Any person may apply to the liquor  authority for a license to operate a winery on the premises of a  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. (a) Any person having applied for and received a license under this  section  or  section  seventy-six-d  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.  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 of one or more  wineries or farm wineries. Such agent 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 operator or winery licensee operator.    3.  Special  winery  licensees  licensed  under the provisions of this  section may apply to the liquor authority for a license to sell wine  at  retail  for  consumption  on  the  premises in a restaurant owned by the  licensee and conducted and operated by the licensee in  or  adjacent  to  the  winery  for  which  the licensee is licensed. All the provisions of  this  chapter  relative  to  licensure  to  sell  wine  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  special winery licensees licensed under the provisions of  this section or a special farm  winery  licensee  licensed  pursuant  to  section  seventy-six-d  of this article, 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 under the provisions of this section. Such license shall  also entitle the holder thereof to conduct wine tastings 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  special winery licensee or special farm winery licensee  licensed under the provisions of this section. 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  subjectto  the same rules and regulations as are applicable to the sale of wine  at retail for consumption off the premises of a  winery  licensee  or  a  farm winery licensee.    For  purposes  of this subdivision, New York state labelled wine shall  mean wine made from grapes, at least seventy-five percent the volume  of  which were grown in New York state.    5.  Notwithstanding  any  provision of this chapter to the contrary, a  special winery licensee or a special farm winery licensee 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, a representative from the winery must be present at the time  of sale.    6. Any special farm winery licensee licensed pursuant to this  section  is  authorized  to  engage  in  what  is  commonly known as wine by wire  services whereby a special farm winery licensee  within  the  state  may  make deliveries on behalf of other wineries within the state.    7. The provisions of section seventy-seven of this article relating to  the  manufacture  and  sale  of  wine in bulk shall also apply as far as  practicable to the holder of a license under this section.

State Codes and Statutes

State Codes and Statutes

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

§ 76-c. Special  winery license. 1. Any person may apply to the liquor  authority for a license to operate a winery on the premises of a  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. (a) Any person having applied for and received a license under this  section  or  section  seventy-six-d  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.  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 of one or more  wineries or farm wineries. Such agent 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 operator or winery licensee operator.    3.  Special  winery  licensees  licensed  under the provisions of this  section may apply to the liquor authority for a license to sell wine  at  retail  for  consumption  on  the  premises in a restaurant owned by the  licensee and conducted and operated by the licensee in  or  adjacent  to  the  winery  for  which  the licensee is licensed. All the provisions of  this  chapter  relative  to  licensure  to  sell  wine  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  special winery licensees licensed under the provisions of  this section or a special farm  winery  licensee  licensed  pursuant  to  section  seventy-six-d  of this article, 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 under the provisions of this section. Such license shall  also entitle the holder thereof to conduct wine tastings 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  special winery licensee or special farm winery licensee  licensed under the provisions of this section. 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  subjectto  the same rules and regulations as are applicable to the sale of wine  at retail for consumption off the premises of a  winery  licensee  or  a  farm winery licensee.    For  purposes  of this subdivision, New York state labelled wine shall  mean wine made from grapes, at least seventy-five percent the volume  of  which were grown in New York state.    5.  Notwithstanding  any  provision of this chapter to the contrary, a  special winery licensee or a special farm winery licensee 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, a representative from the winery must be present at the time  of sale.    6. Any special farm winery licensee licensed pursuant to this  section  is  authorized  to  engage  in  what  is  commonly known as wine by wire  services whereby a special farm winery licensee  within  the  state  may  make deliveries on behalf of other wineries within the state.    7. The provisions of section seventy-seven of this article relating to  the  manufacture  and  sale  of  wine in bulk shall also apply as far as  practicable to the holder of a license under this section.