New York Alcoholic Beverage Control Law
Sec. § 76-E
Special Provisions Relating to Wineries and Farm Wineries Holding a Distiller’s License


76-e. Special provisions relating to wineries and farm wineries holding a distillers 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 distillers 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.
Source
Last accessed
Dec. 13, 2016