N.Y. Comp. Codes R. & Regs. tit. 9 § 63.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 63.11 - Tasting in premises licensed to sell liquor for off-premises consumption

(a) Effective November 20, 1984 through May 1, 1988, winery and farm winery licensees may singly or jointly conduct wine tastings of New York State-labeled wines in establishments licensed to sell liquor at retail for off-premises consumption, subject to the following conditions and limitations:

(1) Wineries and farm wineries must have a valid license issued pursuant to section 76 or 76-a of the Alcoholic Beverage Control Law. A copy of such license issued by the State Liquor Authority shall be conspicuously displayed during wine tastings.

(2) The retail liquor store in which tastings are conducted must have a valid license issued pursuant to section 63 of the Alcoholic Beverage Control Law.

(3) Only New York State-labeled wines may be used by wineries and farm wineries in connection with such tastings. New York State-labeled wines, as defined by section 76-a(4) of the Alcoholic Beverage Control Law, shall mean wines made from grapes at least 75 percent the volume of which were grown in New York State.

(4) The winery and/or farm winery shall supply all wines used for tastings. Such wines shall be in their original sealed containers and must comply with the authority's regulation pertaining to brand label registration. Wineries and farm wineries shall not purchase wines to be used in connection with tastings from a retail liquor store. Upon completion of such tastings, all empty and unempty wine containers shall be removed by the winery or farm winery from the retail establishment.

(5) Tastings must be conducted by an official agent of one or more wineries or farm wineries. Such official agent shall be an employee or principal of the winery or farm winery, and must be physically present at all times during the conducting of such tastings.

(6) Wineries and farm wineries may not sell any wine for off-premises consumption on the premises where the tastings are being conducted.

(7) No payment or fee shall be charged by a winery or farm winery in connection with such tastings.

(8) No such wine tasting may be held during the hours prohibited by the provisions of subdivision 14 of section 105 of the Alcoholic Beverage Control Law, or by the rules of the local alcoholic beverage control board having jurisdiction in the county wherein the wine tasting is being conducted.

(9) No permit is required. However, not less than five business days (verified by postmark) prior to the tastings, the wineries and/or farm wineries conducting such tastings, must give written notice to State Liquor Authority. Such notice shall be addressed to the New York State Liquor Authority, Wholesale Division, 250 Broadway, New York, NY 10007, and shall set forth the name(s) and license number(s) of the wineries and/or farm wineries which will be conducting such tastings, together with the name, address and license number of the establishment in which such tasting is to be conducted and the dates and times of such tastings.

(10) Tastings may only be conducted within the licensed retail establishment.

(b) Wineries and farm wineries are advised that, in accordance with subdivision 2 of section 76 of the Alcoholic Beverage Control Law, any liability stemming from a right of action resulting from such a wine tasting, and in accordance with the provisions of sections 11-100 and 11-101 of the General Obligations Law of New York, shall accrue to the winery or farm winery licensee.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 63.11