Wine bottles on a rack

New York Winery License (standard commercial winery)

New York Custom Winemaking Center

The licensee is permitted to do the following:

provide individuals with rental space, the use of equipment and storage facilities, and/or fruit for the production of wine by such individuals for personal household use and not for resale and the licensee or an official agent of the licensee shall be physically present at all times during the facility’s hours of operations. “Fruit” shall mean grapes, other fruits, fruit juices, and other agricultural products including, but not limited to, honey and flowers, that are grown or produced in the state of New York; conduct training classes on how to manufacture wine; and conduct wine tastings for those individuals taking such classes and/or using such facilities for the production of wine at the licensed facility provided that the tastings shall be conducted by the licensee or by an official agent of the licensee. Such licensee or agent shall be physically present at all times during the conduct of the tastings.

New York Winery License (standard commercial winery)

A winery license shall authorize the holder thereof:

to operate a winery for the manufacture of wine at the premises

to receive and possess wine from other states consigned to a United States government bonded winery, warehouse or storeroom located within the state

to sell in bulk from the licensed premises the products manufactured under such license to any winery licensee, any distiller licensee or to a permittee engaged in the manufacture of products which are unfit for beverage use

to sell in bulk from the licensed premises wine received by such licensee from any other state to any winery licensee, any distiller licensee or to a permittee engaged in the manufacture of products which are unfit for beverage use

to sell or deliver wine it produces to persons outside the state pursuant to the laws of the place of such sale or delivery

to sell from the licensed premises to a licensed wholesaler or retailer, wine it manufacturer in the original sealed containers of not more than fifteen gallons each

to sell from the licensed premises to licensed farm wineries, farm cideries, farm distilleries, and farm breweries New York state labeled wine manufactured by the licensee in the original sealed containers of not more than fifteen gallons each to operate, or use the services of, a custom crush facility

conduct wine tastings of New York state labeled wines in liquor and wine stores.

conduct wine tastings of New York state labeled wines and apply to the liquor authority for a marketing permit to sell wine produced by such winery by the bottle, during such tastings in restaurants and bars. Wine tastings shall be conducted by an official agent, representative or solicitor of one or more wineries. Such agent, representative or solicitor shall be physically present at all times during the conduct of the tastings.

conduct wine tastings of New York state labeled wines and sell such wine by the bottle, during such tasting, with the appropriate permits for off-premises consumption at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed sponsored by a bona fide charitable organization

A licensed winery may apply to the liquor authority for a retail bar or restaurant license to sell wine at retail for consumption on the premises
anyone or more 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. Such license shall entitle the holder thereof to sell at retail for consumption off the premises any New York state labeled wine. Such license shall also entitle the holder thereof to conduct wine tastings. 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 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

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
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.
sell or deliver such wine produced by the winery to persons outside the state pursuant to the laws of the place of such sale or delivery
sell wine for consumption upon the premises known as the New York state fairgrounds during the annual New York state fair without obtaining any additional permission or payment of any additional fee, provided that such winery applies for, is granted and maintains a concessionaire’s license from the division of the New York state fair in the department of agriculture and markets and such wine is sold and dispensed in amounts of ten ounces or less and further provided that consumption of such wine shall be limited to and shall occur upon such premises.

upon payment to the liquor authority of an additional annual fee of one hundred twenty-five dollars, 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
manufacture, bottle and sell fruit juice, fruit jellies and fruit preserves, tonics, salad dressings and non potable wine sauces on and from licensed premises
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) Non-alcoholic beverages for consumption on or off premises, including but not limited to bottled water, juice and soda beverages.
(ii) Food items for the purpose of complementing wine tasting 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, bread and crackers.

(iii) 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 wine product
(iv) 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.
(v) 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.
(vi) New York state labeled 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.
conduct tours of its premises

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.
A licensed winery shall be permitted to remain open for the purposes of selling its products, 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 this section on Sunday between the hours of ten o’clock in the morning and midnight.

engage in custom wine production allowing individuals to assist in the production of wine for sale for personal or family use, provided, however, that (a) the wine must be purchased by the individual assisting in the production of such wine; and (b) the owner, employee or agent of such winery shall be present at all times during such production.

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