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ARTICLE 6
SPECIAL PROVISIONS RELATING TO WINE
Section 75. Kinds of licenses.
76. Winery license.
76-a. Farm winery license.
76-b. Temporary winery or farm winery permit.
76-c. Special winery license.
76-d. Special farm winery license.
76-e. Special provisions relating to wineries and farm
wineries holding a distiller`s license.
77. Sale of wine in bulk.
78. Wholesaler`s wine license.
79. License to sell wine at retail for consumption off the
the premises.
79-a. Authorization to sell wine products by certain licensees
for consumption off the premises.
79-b. Authorization to sell wine products by certain licensees
for consumption on the premises.
80. Wine tasting.
81. License to sell wine at retail for consumption on the
premises.
81-a. Special license to sell wine at retail for consumption
on the premises.
82. Prohibited sales.
83. License fees.
84. License fees; when due and payable; fee for part of
year.
85. Purchase from private collection.
S 75. Kinds of licenses. The following licenses may be issued for the
manufacture and sale of wine, to wit:
1. Winery license;
1-a. Farm winery license;
1-b. Temporary winery or farm winery permit;
2. Wholesaler`s license;
3. License to sell wine at retail for consumption off the premises;
4. License to sell wine at retail for consumption on the premises.
S 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.
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.
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.
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.
S 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.
4. (a) A farm winery license shall authorize the holder thereof to
manufacture, bottle and sell fruit juice, fruit jellies and fruit
preserves, tonics and unpotable wine cooking 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. These gift
items shall be limited to the following categories:
(1) Wine supplies, which shall include any item utilized for the
storage, serving or consumption of wine. These supplies may be sold as
single items or may be combined into a package sold as a unit item or
may be combined into a package containing wine or a wine product;
(2) Food items, which shall include 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;
(3) Souvenirs, which shall include any item which can be construed to
represent or serve as a memento of the licensed premises or of the state
of New York.
(4) 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) 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. 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.
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.
7. No licensed farm winery shall manufacture in excess of one hundred
fifty thousand finished gallons of wine annually.
S 76-b. Temporary winery or farm winery permit. 1. Any person may
apply to the liquor authority for a temporary winery or farm winery
permit. Such application shall be in writing and verified and shall
contain 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 permit. Such application fee shall
offset any subsequently assessed fees required by this article for the
issuance of a winery or farm winery license to such applicant.
2. Upon application, the liquor authority shall issue a temporary
winery or farm winery permit when the applicant:
(a) either requires a license to establish a winery to produce or
manufacture wine or has a winery or farm winery license application
pending before the liquor authority, and the beginning of the harvest
season for grapes or any other fruit or product necessary for the
production or manufacture of wine at that facility will occur within
thirty days; or
(b) is in good faith negotiating with or has entered into an agreement
with a winery or farm winery licensee to purchase, obtain or acquire
part or full ownership rights in the assets or stock of an existing and
operating winery facility; or
(c) due to unforeseen circumstances or an emergency situation is in
need of a permit to ensure the continued or future operation of an
existing winery facility.
3. The liquor authority in granting such permit shall ensure that:
(a) issuance of the permit will not inordinately hinder the operation
or effective administration of this article.
(b) the applicant would in all likelihood be able to ultimately obtain
a permanent winery or farm winery license.
(c) the applicant has substantially complied with the requirements
necessary to obtain a winery or farm winery license.
(d) upon issuance of the temporary permit, the winery or farm winery
license for said premises shall have been surrendered into safekeeping
pursuant to rules of the liquor authority.
(e) the applicant for the temporary permit shall have filed
concurrently with the liquor authority an application for a permanent
winery or farm winery license at such premises.
4. The application for a permit shall be approved or denied by the
liquor authority within forty-five days after the receipt of such
application.
5. A temporary winery or farm winery permit shall authorize the holder
thereof to operate a winery or farm winery, as the case may be, for the
manufacture and sale of wine at the premises specifically designated in
the permit. Further, it shall authorize the holder of a temporary winery
permit or a temporary farm winery permit to conduct any of the
activities permitted, respectively, by section seventy-six, section
seventy-six-a or seventy-seven of this chapter.
6. Such temporary permit shall remain in effect for six months or
until the permittee is issued a permanent winery or farm winery license,
whichever is shorter. Such permit may be extended at the discretion of
the authority for an additional three month period of time upon payment
of an additional fee of fifty dollars. Notwithstanding any other
provision of law, a temporary permit may be summarily cancelled or
suspended at any time if the liquor authority determines that good cause
for such cancellation or suspension exists. The liquor authority shall
promptly notify the holder of such permit in writing of such
cancellation or suspension and shall set forth the reasons for such
action.
7. The liquor authority in reviewing such application shall review the
entire record and grant it unless good cause is otherwise shown. A
decision on an application shall be based on substantial evidence in the
record and supported by a preponderance of the evidence in favor of the
applicant.
S 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 subject
to 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.
S 76-d. Special farm winery license. 1. Any person may apply to the
liquor authority for a special farm winery license to operate on the
premises of an existing licensee 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 special farm winery license shall authorize the holder thereof to
operate a farm winery upon the preexisting licensed premises of another
farm winery or winery licensee. Such license shall authorize the holder
thereof to all the operating privileges provided in sections
seventy-six-a and seventy-six-c of this article so far as applicable to
such licensee.
S 76-e. Special provisions relating to wineries and farm wineries
holding a distiller`s license. 1. Any person who holds a winery license
pursuant to section seventy-six of this article or a farm winery license
pursuant to section seventy-six-a of this article and, in addition to
such license, holds a distiller`s license pursuant to section sixty-one
of this chapter, and who conducts wine tastings pursuant to the
provisions of such sections seventy-six and seventy-six-a of this
article, shall be authorized to conduct tastings of brandy manufactured
by such licensed winery or licensed farm winery, at such wine tastings.
2. All consumer tastings of brandy shall be conducted subject to the
following limitations:
(a) Tastings of brandy shall be conducted by an official agent of one
or more persons licensed pursuant to section sixty-one of this chapter.
Such agent shall be physically present upon the premises at all times
during the conducting of the consumer tasting of brandy.
(b) No such person or persons licensed pursuant to section sixty-one
of this chapter, and no official agent thereof, may provide, directly or
indirectly: (i) more than a total of three samples of brandy for tasting
to a person in one calendar day; or (ii) a sample of brandy for tasting
equal to more than one-quarter fluid ounce.
(c) Any liability stemming from a right of action resulting from a
consumer tasting of brandy authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the persons licensed pursuant to
section sixty-one of this chapter, who conducted such tasting.
3. The state liquor authority shall promulgate rules and regulations
regarding brandy tastings as provided for in this section.
4. Any person who holds a winery license pursuant to section
seventy-six of this article or a farm winery license pursuant to section
seventy-six-a of this article, and who is authorized to sell wine for
consumption off the premises pursuant to the provisions of such sections
seventy-six and seventy-six-a of this article, shall be authorized to
sell brandy manufactured by such licensed winery or licensed farm winery
for consumption off the premises. Such sale of brandy for consumption
off the premises shall only occur at the licensed winery or farm winery
and not at any other off-premises locations licensed to the winery or
farm winery, pursuant to subdivision four of section seventy-six of this
article. The sale of brandy at a winery or farm winery shall also be
subjected to the same hours of operation as set forth for the sale of
wine at a winery or farm winery. The authority shall promulgate rules
and regulations for the sale of brandy at wineries or farm wineries for
off-premises consumption.
S 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 and unpotable wine cooking
sauces on and from licensed premises, provided that the winery license
number does not appear on the labels of such products, and operate a
restaurant on the 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) Wine supplies, which shall include any item utilized for the
storage, serving or consumption of wine. These supplies may be sold as
single items or may be combined into a package sold as a unit item or
may be combined into a package containing wine or a wine product;
(2) Food items, which shall include 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;
(3) Souvenirs, which shall include any item which can be construed to
represent or serve as a memento of the licensed premises or of the state
of New York.
(4) 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 three of this section, and/or of 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.
S 78. Wholesaler`s wine license. 1. The procedure contained in
section sixty-two hereof shall apply so far as applicable to
applications for a wholesaler`s wine license. Such license shall
contain a description of the licensed premises and in form and in
substance shall be a license to the person therein specifically
designated to sell wine at wholesale in the premises therein
specifically licensed in the original sealed containers of not more than
fifteen gallons each to duly licensed manufacturers, wholesalers,
retailers and permittees in this state, and to sell or deliver such wine
to persons outside the state pursuant to the laws of the place of such
sale or delivery.
2. 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 wholesale wine licensee upon application therefor a certificate
authorizing such wholesaler to sell wine at retail in sealed containers
to a regularly organized church, synagogue or religious organization for
sacramental purposes.
S 79. License to sell wine at retail for consumption off the premises.
1. The procedure set forth in section sixty-three hereof shall apply so
far as applicable to applications for licenses to sell wine at retail
for off-premise consumption. Such license shall in form and in substance
be a license to the person specifically licensed to sell wine at retail
for off-premise consumption.
2. Not more than one license shall be granted to any person under this
section.
3. No licensee under this section shall be engaged in any other
business in the premises licensed. The sale of those items specifically
enumerated in subdivision four of section sixty-three of this chapter
shall not constitute engaging in another business within the meaning of
this subdivision.
4. Determinations under this section with respect to the issuance of a
new license or under section one hundred eleven with respect to the
transfer to any other premises of a license issued hereunder shall be
made in accordance with public convenience and advantage.
S 79-a. Authorization to sell wine products by certain licensees for
consumption off the premises. 1. Any person licensed to sell beer at
retail for consumption off the premises, pursuant to section fifty-four
of this chapter, shall, by virtue of such license and upon payment to
the liquor authority of an additional fee in the sum of one hundred
sixty-five dollars in cities having a population of one hundred thousand
or over and eighty-three dollars elsewhere, be granted authorization to
sell from the licensed premises wine products in sealed containers for
consumption off such premises. Upon receipt of such additional fee, the
liquor authority shall promptly issue a permit authorizing such sales by
the licensee.
2. Notwithstanding any other provisions of this chapter, any person
receiving a permit pursuant to this section shall be subject to such
provisions of this chapter as are applicable to persons licensed
pursuant to section fifty-four of this chapter, and not to those
provisions which are applicable only to persons licensed pursuant to
sections sixty-three and seventy-nine of this chapter.
S 79-b. Authorization to sell wine products by certain licensees for
consumption on the premises. 1. Any person licensed to sell beer at
retail for consumption on the premises, pursuant to section fifty-five
of this chapter, shall, by virtue of such license and upon payment to
the liquor authority of an additional fee in the sum of one hundred
ninety-two dollars in cities having a population of one hundred thousand
or over and ninety-six dollars elsewhere, be granted authorization to
sell from the licensed premises wine products in sealed containers at
retail for consumption on or off such premises. Upon receipt of such
additional fee, the liquor authority shall promptly issue a permit
authorizing such sales by the licensee.
1-a. Any person licensed to sell beer at retail for consumption on the
premises, pursuant to section fifty-five-a of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred ninety-two dollars in cities
having a population of one hundred thousand or over and ninety-six
dollars elsewhere, be granted authorization to sell from the licensed
premises wine products in sealed containers at retail for consumption on
such premises. Upon receipt of such additional fee, the liquor authority
shall promptly issue a permit authorizing such sales by the licensee.
2. Notwithstanding any other provisions of this chapter, any person
receiving a permit pursuant to this section shall be subject to such
provisions of this chapter as are applicable to persons licensed
pursuant to section fifty-five of this chapter, and not to those
provisions which are applicable only to persons licensed pursuant to
sections sixty-four and eighty of this chapter.
S 80. Wine tasting. Any person licensed to sell wine pursuant to this
article or section sixty-three of this chapter shall be permitted to
conduct wine tastings. Wine tastings which are conducted under the
auspices of an official agent of a farm winery, winery, wholesaler, or
importer and where such agent is physically present at all times during
the conduct of the tasting, then, in that event, 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,
winery, wholesaler, or importer.
S 81. License to sell wine at retail for consumption on the premises.
1. The procedure set forth in section sixty-four hereof shall apply so
far as applicable to applications for licenses to sell wine at retail
for consumption on the premises, except as provided in subdivision two
of this section.
1-a. Notwithstanding any other provision of this chapter, upon receipt
in the city of New York of an application for a license under this
section, an application for renewal under section one hundred nine of
this chapter, or an application for an alteration to a premises licensed
for consumption on the premises under section ninety-nine-d of this
chapter, the applicant shall notify the community board established
pursuant to section twenty-eight hundred of the New York city charter
with jurisdiction over the area in which such licensed premises is to be
located by certified mail, return receipt requested, wherein the
prospective licensed premises is to be located or, in the case of an
application for renewal, or alteration where it is presently located not
less than thirty days prior to the submission of its application for a
license under this section or for a renewal thereof pursuant to section
one hundred nine of this chapter. Such community board may express an
opinion for or against the granting of such license. Any such opinion
shall be deemed part of the record upon which the liquor board makes its
determination to grant or deny such license.
2. No such license shall be issued to any person for any premises
other than premises for which a license may be issued under section
sixty-four of this chapter or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to be a place where
food is prepared and served for consumption on the premises in such
quantities as to satisfy the liquor authority that the sale of wine
intended is incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such suitable
space outside the licensed premises and adjoining it as may be approved
by the liquor authority.
3. Such license shall in form and in substance be a license to the
person specifically licensed to sell wine at retail, to be consumed upon
the premises. Such license shall also be deemed to include a license to
sell beer and soju at retail to be consumed under the same terms and
conditions without the payment of any additional fee. For the purposes
of this subdivision, "soju" shall mean an imported Korean alcoholic
beverage that contains not more than twenty-four per centum alcohol, by
volume, and is derived from agricultural products.
S 81-a. Special license to sell wine at retail for consumption on the
premises. 1. On or after the effective date hereof, any person may make
an application to the appropriate board for a special license to sell
wine at retail to be consumed on the premises where sold.
2. Such special license shall in form and in substance be a license to
the person specifically licensed to sell wine at retail to be consumed
on the premises specifically licensed. Such license shall also be deemed
to include a license to sell beer at retail to be consumed under the
same terms and conditions, without the payment of any additional fee.
3. The provisions contained in subdivisions three, four, six, eight
and nine of section sixty-four-a shall apply to applicants for licenses
under this section.
4. a. No such license shall be issued to any person for any premises
other than premises for which a license may be issued under section
sixty-four of this chapter or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to be a place where
food is prepared and served for consumption on the premises in such
quantities as to satisfy the liquor authority that the sale of wine
intended is incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such suitable
space outside the licensed premises and adjoining it as may be approved
by the liquor authority.
b. Notwithstanding paragraph a of this subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be granted
notwithstanding the proximity of such premises to any school, provided
that the availability of alcoholic beverages on such premises shall not
be advertised in any way at such premises in any manner visible from
such street or avenue.
S 82. Prohibited sales. The restrictions contained in section
sixty-five hereof shall apply to persons licensed to sell wine at
retail.
S 83. License fees. 1. The annual fee for a winery license shall be
six hundred twenty-five dollars.
1-a. The annual fee for a farm winery license shall be one hundred
twenty-five dollars.
1-b. The fee for a temporary winery or farm winery permit shall be one
hundred twenty-five dollars.
2. The annual fee for a license to sell wine at wholesale shall be
eight hundred dollars.
3. The annual fee for a license to sell wine at retail, not to be
consumed on the premises, shall be six hundred forty dollars for each
such place where such business is carried on in cities having a
population of one million or more; in cities having less than one
million population and more than one hundred thousand, three hundred
twenty dollars; and elsewhere, the sum of one hundred forty-five
dollars.
4. The annual fee for selling wine at retail, to be consumed on the
premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over the
sum of four hundred eighty dollars per year; and
(b) Elsewhere, the sum of two hundred forty dollars per year.
4-a. The annual fee for a license to sell wine at retail to be
consumed on the premises where sold where the premises to be licensed
remain open only within the period commencing April first and ending
October thirty-first of any one year or only within the period
commencing October first and ending the following April thirtieth, the
liquor authority, in its discretion, may grant a summer or winter
license effective only for such appropriate period of time, for which an
annual fee of one hundred twelve dollars shall be paid.
5. The annual fee for a special license to sell wine at retail, to be
consumed on the premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over, the
sum of five hundred seventy-six dollars per year; and
(b) Elsewhere, the sum of two hundred seventy dollars per year.
6. The annual fee for a special winery license shall be six hundred
twenty-five dollars.
7. The annual fee for a special farm winery license shall be one
hundred twenty-five dollars.
S 84. License fees; when due and payable; fee for part of year. The
provisions contained in section sixty-seven shall apply to all licenses
issued pursuant to this article.
S 85. Purchase from private collection. Notwithstanding any other
provisions of this chapter any nonlicensed person owning bottled wine is
authorized to sell that wine to a wholesale or retail licensee
authorized to sell wine. The licensee involved in such sale shall ensure
that each bottle of wine sold from a private collection has a
permanently affixed label stating that the wine was acquired from a
private collection.