76-F - Micro-winery license.
§ 76-f. Micro-winery license. 1. Any person may apply to the liquor authority for a micro-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 micro-winery license shall authorize the holder thereof to operate a micro-winery for the manufacture of wine or cider at the premises specifically designated in the license or on the premises of a special farm winery licensee as provided for in subdivision two of section seventy-six-d of this article. 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 farm winery licensee, any distiller licensee, or to a permittee engaged in the manufacture of products which are unfit for beverage use. It shall also authorize the holder thereof to sell from the licensed premises to a licensed wholesaler or retailer, or at retail for consumption off the premises, wine or cider manufactured by the licensee as above set forth. All wine or cider 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. 3. A micro-winery license shall not authorize the holder thereof to obtain a license or licenses to sell wine at retail for consumption off the premises pursuant to subdivision four of section seventy-six of this article. 4. (a) A micro-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, or any other farm or food product defined in subdivision two of section two hundred eighty-two of the agriculture and markets law. (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: (i) 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 produced or manufactured on the premises; and (ii) 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 produced or manufactured on the premises. (c) A licensed micro-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 tourism and agriculture in New York, thereby promoting the conservation of open space and the protection and enhancement of New York state agricultural lands. 5. No licensed micro-winery shall manufacture or sell any wine or cider 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 micro-winery license shall authorize the holder thereof to deliver or transport wineor cider manufactured or produced by such licensee from such licensed premises to any other winery or farm winery licensee, a distiller licensee, a permittee engaged in the manufacture of products which are unfit for beverage use, a licensed wholesaler or retailer, a licensee that sells alcoholic beverages for consumption on or off the premises, or a licensee's farm stand in any vehicle owned, leased, or hired by the licensee. A micro-winery 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. A licensed micro-winery shall be permitted to remain open for any or all of the following purposes: selling its products, conducting public tours of its winery, or selling by the bottle wine or cider produced by such licensee on Sunday between the hours of ten o'clock in the morning to six o'clock in the evening. 8. No licensed micro-winery shall produce or manufacture in excess of fifteen hundred finished gallons of wine annually.