New York Alcoholic Beverage Control Law
Temporary Winery or Farm Winery Permit
1. Any person may apply to the liquor authority for a temporary permit to operate a winery, farm winery, special winery, or special farm winery. 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, farm winery, special winery, or special farm winery license to such applicant.
2. Upon application, the liquor authority shall issue such temporary permit when the applicant:
(a) has a winery, farm winery, special winery, or special 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, farm winery, special winery, or special farm winery licensee to purchase, obtain or acquire part or full ownership rights in the assets or stock of such existing licensee; 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, farm winery, special winery, or special farm winery license.
(c) the applicant has substantially complied with the requirements necessary to obtain such license.
(d) upon issuance of the temporary permit, the existing license for said premises shall have been surrendered to, or placed into safekeeping with, the authority pursuant to rules of the liquor authority.
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 permit shall authorize the holder thereof to operate a winery, farm winery, special winery, or special 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 the permit to conduct any of the activities permitted, respectively, by section seventy-six, seventy-six-a, seventy-six-c or seventy-six-d of this article.
6. Such temporary permit shall remain in effect for six months or until the permittee is issued a permanent winery, farm winery, special winery, or special farm winery license, whichever is shorter. Such permit may be extended at the discretion of the authority for additional three month periods of time upon payment of an additional fee of fifty dollars for each such extension. 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.