State Codes and Statutes

Statutes > New-york > Abc > Article-6 > 77

§ 77. Sale  of  wine  in bulk. 1. A winery license shall authorize the  holder thereof to operate a winery for the manufacture of  wine  at  the  premises  specifically  designated  in  the  license  and to receive and  possess wine from other states consigned to a United  States  government  bonded  winery,  warehouse or storeroom located within the state. Such a  license shall also authorize the sale in bulk by such licensee from  the  licensed  premises  of  the products manufactured under such license and  wine received by such licensee  from  any  other  state  to  any  winery  licensee,  any  distiller  licensee  or  to  a  permittee engaged in the  manufacturer 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 holders  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,  wine  manufactured  or  received  by  the  licensee  as  above  set  forth in the original sealed containers of not  more than fifteen gallons each and to  sell  or  deliver  such  wine  to  persons outside the state pursuant to the laws of the place of such sale  or delivery. All wine sold by such licensee shall be securely sealed and  have attached thereto a label setting forth such information as shall be  required by this chapter.    2.  Notwithstanding any provision of this chapter to the contrary, and  upon payment to the liquor authority of an additional annual fee of  one  hundred  twenty-five dollars, the liquor authority may in its discretion  and upon such terms and conditions as  it  may  prescribe,  issue  to  a  licensed winery upon application therefor a certificate authorizing such  winery  to  sell  wine  at  retail  in  sealed containers to a regularly  organized church, synagogue or religious  organization  for  sacramental  purposes, and to a householder for consumption in his home.    4. (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:    (1)  Non-alcoholic  beverages  for  consumption  on  or  off premises,  including but not limited to bottled water, juice and soda beverages.    (2) Food items for the purpose of complimenting wine  tastings,  shall  mean  a  diversified  selection  of  food  which  is ordinarily consumed  without the use of tableware and  can  conveniently  be  consumed  while  standing  or  walking.  Such food items shall include but not be limited  to: cheeses, fruits, vegetables, chocolates, breads and crackers.    (3) Food items, which shall include locally produced farm products and  any food  or  food  product  not  specifically  prepared  for  immediate  consumption  upon  the  premises. Such food items may be combined into a  package containing wine or a wine product.    (4) Wine supplies  and  accessories,  which  shall  include  any  item  utilized  for  the  storage,  serving  or  consumption  of  wine  or for  decorative purposes. These supplies may be sold as single items  or  may  be combined into a package containing wine or a wine product.    (5)  Souvenir  items,  which  shall  include,  but  not  be limited to  artwork, crafts, clothing, agricultural products and any other  articles  which can be construed to propagate tourism within the region.    (6) New York state labelled wine 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 or farm winery licensee may charge:    (1) For tours of their premises; and    (2) 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.    5. 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 section  seventy-six of this article 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.

State Codes and Statutes

Statutes > New-york > Abc > Article-6 > 77

§ 77. Sale  of  wine  in bulk. 1. A winery license shall authorize the  holder thereof to operate a winery for the manufacture of  wine  at  the  premises  specifically  designated  in  the  license  and to receive and  possess wine from other states consigned to a United  States  government  bonded  winery,  warehouse or storeroom located within the state. Such a  license shall also authorize the sale in bulk by such licensee from  the  licensed  premises  of  the products manufactured under such license and  wine received by such licensee  from  any  other  state  to  any  winery  licensee,  any  distiller  licensee  or  to  a  permittee engaged in the  manufacturer 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 holders  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,  wine  manufactured  or  received  by  the  licensee  as  above  set  forth in the original sealed containers of not  more than fifteen gallons each and to  sell  or  deliver  such  wine  to  persons outside the state pursuant to the laws of the place of such sale  or delivery. All wine sold by such licensee shall be securely sealed and  have attached thereto a label setting forth such information as shall be  required by this chapter.    2.  Notwithstanding any provision of this chapter to the contrary, and  upon payment to the liquor authority of an additional annual fee of  one  hundred  twenty-five dollars, the liquor authority may in its discretion  and upon such terms and conditions as  it  may  prescribe,  issue  to  a  licensed winery upon application therefor a certificate authorizing such  winery  to  sell  wine  at  retail  in  sealed containers to a regularly  organized church, synagogue or religious  organization  for  sacramental  purposes, and to a householder for consumption in his home.    4. (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:    (1)  Non-alcoholic  beverages  for  consumption  on  or  off premises,  including but not limited to bottled water, juice and soda beverages.    (2) Food items for the purpose of complimenting wine  tastings,  shall  mean  a  diversified  selection  of  food  which  is ordinarily consumed  without the use of tableware and  can  conveniently  be  consumed  while  standing  or  walking.  Such food items shall include but not be limited  to: cheeses, fruits, vegetables, chocolates, breads and crackers.    (3) Food items, which shall include locally produced farm products and  any food  or  food  product  not  specifically  prepared  for  immediate  consumption  upon  the  premises. Such food items may be combined into a  package containing wine or a wine product.    (4) Wine supplies  and  accessories,  which  shall  include  any  item  utilized  for  the  storage,  serving  or  consumption  of  wine  or for  decorative purposes. These supplies may be sold as single items  or  may  be combined into a package containing wine or a wine product.    (5)  Souvenir  items,  which  shall  include,  but  not  be limited to  artwork, crafts, clothing, agricultural products and any other  articles  which can be construed to propagate tourism within the region.    (6) New York state labelled wine 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 or farm winery licensee may charge:    (1) For tours of their premises; and    (2) 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.    5. 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 section  seventy-six of this article 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-6 > 77

§ 77. Sale  of  wine  in bulk. 1. A winery license shall authorize the  holder thereof to operate a winery for the manufacture of  wine  at  the  premises  specifically  designated  in  the  license  and to receive and  possess wine from other states consigned to a United  States  government  bonded  winery,  warehouse or storeroom located within the state. Such a  license shall also authorize the sale in bulk by such licensee from  the  licensed  premises  of  the products manufactured under such license and  wine received by such licensee  from  any  other  state  to  any  winery  licensee,  any  distiller  licensee  or  to  a  permittee engaged in the  manufacturer 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 holders  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,  wine  manufactured  or  received  by  the  licensee  as  above  set  forth in the original sealed containers of not  more than fifteen gallons each and to  sell  or  deliver  such  wine  to  persons outside the state pursuant to the laws of the place of such sale  or delivery. All wine sold by such licensee shall be securely sealed and  have attached thereto a label setting forth such information as shall be  required by this chapter.    2.  Notwithstanding any provision of this chapter to the contrary, and  upon payment to the liquor authority of an additional annual fee of  one  hundred  twenty-five dollars, the liquor authority may in its discretion  and upon such terms and conditions as  it  may  prescribe,  issue  to  a  licensed winery upon application therefor a certificate authorizing such  winery  to  sell  wine  at  retail  in  sealed containers to a regularly  organized church, synagogue or religious  organization  for  sacramental  purposes, and to a householder for consumption in his home.    4. (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:    (1)  Non-alcoholic  beverages  for  consumption  on  or  off premises,  including but not limited to bottled water, juice and soda beverages.    (2) Food items for the purpose of complimenting wine  tastings,  shall  mean  a  diversified  selection  of  food  which  is ordinarily consumed  without the use of tableware and  can  conveniently  be  consumed  while  standing  or  walking.  Such food items shall include but not be limited  to: cheeses, fruits, vegetables, chocolates, breads and crackers.    (3) Food items, which shall include locally produced farm products and  any food  or  food  product  not  specifically  prepared  for  immediate  consumption  upon  the  premises. Such food items may be combined into a  package containing wine or a wine product.    (4) Wine supplies  and  accessories,  which  shall  include  any  item  utilized  for  the  storage,  serving  or  consumption  of  wine  or for  decorative purposes. These supplies may be sold as single items  or  may  be combined into a package containing wine or a wine product.    (5)  Souvenir  items,  which  shall  include,  but  not  be limited to  artwork, crafts, clothing, agricultural products and any other  articles  which can be construed to propagate tourism within the region.    (6) New York state labelled wine 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 or farm winery licensee may charge:    (1) For tours of their premises; and    (2) 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.    5. 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 section  seventy-six of this article 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.