76-C - Special winery license.
§ 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.