Alcoholic Beverage Control Law Section 77
Custom winemakers’ center
1.Any person may apply to the authority on or before December thirty-first, two thousand nineteen for a custom winemakers’ center license as provided for in this section to operate a custom winemakers’ center facility and 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 in accordance with state and federal laws, rules, and regulations authorizing such production. Such application shall be in writing and verified and shall contain such information as the authority shall require, provided, however, the holder of such license under this section may renew such license on or after December thirty-first, two thousand nineteen. Such application shall be accompanied by a check or draft for the amount required by this article for such license. If the authority grants the application, it shall issue a license in such form as shall be determined by its rules. Such license shall contain a description of the licensed premises and in form and in substance shall be a license to the person therein specifically designated to operate such center to manufacture wine for personal household use in the premises therein specifically licensed.
2.For the purposes of this section, “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.
3.A custom winemakers’ center license shall authorize the holder thereof to operate a facility for individuals to rent space, equipment, and storage facilities and, if necessary, to purchase fruit to manufacture wine for personal household use provided that the manufacture and production of wine for personal household consumption and use is done in accordance with state and federal laws and regulations. Such a license shall also authorize the licensee, provided such activities are permitted by the federal Alcohol and Tobacco Tax and Trade Bureau for the manufacture of tax exempt wine for personal household use, to:
(a)conduct training classes on how to manufacture wine; and
(b)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 subject to the following limitations:
(i)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; and
(ii)any liability stemming from a right of action resulting from a tasting of wine as authorized herein and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to such center.
4.The custom winemakers’ center licensee shall be subject to the supervision of the authority to ensure that the licensee and the individuals utilizing such center are in compliance with the provisions of this chapter, state laws, rules, and regulations, and the laws, rules, and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau.
5.The licensee or an official agent of the licensee shall be physically present at all times during the facility’s hours of operations.
6.The annual aggregate production of wine at any such center for all individuals making wine at such premises, pursuant to a custom winemakers’ center license, shall not exceed the production limits set forth by the authority that are commensurate with a non-commercial production facility. Provided that such aggregate production limit shall not be offset by wine produced at such facility under a winery’s license or farm winery license.
7.Notwithstanding any other provision of this chapter, the authority may issue a custom winemakers’ center license to the holder of a farm winery or winery license for use at such licensee’s existing licensed premises.
8.The authority is hereby authorized to promulgate rules and regulations to effectuate the purposes of this section.
9.The licensee must maintain a record of the name, address, and contact information of the individual or individuals that have used such facility and the annual amount of wine produced by each individual at the facility pursuant to the rules of the authority.
Section 77 — Custom winemakers' center,
https://www.nysenate.gov/legislation/laws/ABC/77 (updated May 19, 2017; accessed Nov. 25, 2023).