9 NYCRR Part 63 - Executive Department

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Source version current through Jul 31, 2022

All 11 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 63.1 - Restrictions on sales

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

The Alcoholic Beverage Control Law provides:

(a)A winery having the right to sell wine at retail, pursuant to subdivision 2 of section 77 of the Alcoholic Beverage Control Law, is authorized to sell wine at retail to a regularly organized church, synagogue or religious organization for sacramental purposes, and to a householder for consumption in his home. Revenues received by any such licensed winery from the sale of wine at retail to a householder during the term of such certificate shall not exceed five per centum of all the revenues derived by such licensee from the operation of the winery during such term.

(b)A winery having the right to sell wine at retail pursuant to subdivision 3 of section 77 of the Alcoholic Beverage Control Law, and which shall press and ferment at least 40 percent of the wine produced in said winery during the licensed period is authorized to sell wine at retail in sealed containers to be delivered to a regularly organized church, synagogue or religious organization for sacramental purposes, and to be delivered or shipped to the home of the householder for consumption in his home, provided no sale to such householder shall be in quantities aggregating more than 15 gallons.

(c)A wholesale liquor or wine licensee having the right to sell wine at retail is authorized to sell wine at retail only to a regularly organized church, synagogue or religious organization for sacramental purposes. Such a licensee shall not sell wine at retail to any other person.

9 NYCRR 63.2 - Location of premises

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

A wholesale liquor licensee, a wholesale wine licensee and a winery licensee having the right to sell wine at retail subject to the above-mentioned limitations may in the discretion of the State Liquor Authority be located on the street level.

9 NYCRR 63.3 - Physical requirement

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

A wholesale liquor licensee, a wholesale wine licensee and a winery licensee having the right to sell wine at retail may sell at wholesale and retail on the same licensed premises, which said premises are not required to be partitioned into separate wholesale and retail sections.

9 NYCRR 63.4 - Window displays

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Wholesale or winery premises where wine is sold at retail, may in the discretion of the State Liquor Authority, have a show window and may display wine in a manner consistent with the provisions of subdivision 4 of section 104 of the Alcoholic Beverage Control Law, but may not accentuate or emphasize the sale of wine at retail.

9 NYCRR 63.5 - Exterior signs

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

A wholesale liquor licensee, a wholesale wine licensee and a winery licensee having the right to sell wine at retail, as hereinbefore limited, may display a sign on the exterior of the licensed premises stating that wines are sold at wholesale and retail. All other signs are subject to the provisions of subdivision 4 of section 104 of the Alcoholic Beverage Control Law.

9 NYCRR 63.6 - Hours of sale

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

The Alcoholic Beverage Control Law does not require wholesale premises and wineries to be closed at any time. However, a winery licensee, a wholesale wine licensee and a wholesale liquor licensee having the right to sell wine at retail may not sell such wine during the hours prohibited by subdivision 14 of section 105 of the Alcoholic Beverage Control Law, nor during the hours restricted by any rule duly promulgated by the respective local board of the county in which the licensed premises are located, except that a licensed winery shall be permitted to remain open for the purposes of selling its products, in accordance with the provisions of subdivision 2 of section 77 of the Alcoholic Beverage Control Law, and/or conducting public tours of its winery on Sunday between the hours of 10:00 a.m. and midnight.

9 NYCRR 63.7 - Sales on credit

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)Sales of wine made to a householder by a winery licensee having the right to sell wine at retail may not be made on credit.

(b)Sales of wine made to a church, synagogue or religious organization for sacramental purposes by a winery or a wholesale liquor or wine licensee having the right to sell wine at retail may be made on credit.

9 NYCRR 63.8 - Circulars and price lists

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

A wholesale liquor licensee, a wholesale wine licensee and a winery licensee having the right to sell wine at retail may circularize and send price lists to persons to whom they are authorized to sell wine at retail.

9 NYCRR 63.9 - Earlier source heading: [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Current section text is not available here.

9 NYCRR 63.10 - Other business

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Upon application to the State Liquor Authority and approval thereof, a licensed farm winery or licensed winery may engage in another business upon the winery premises. The authority will employ the following criteria in determining whether such application shall be approved:

(a)the other business must be consistent with the conservation, production and enhancement of New York State agricultural lands; and

(b)the other business must have a positive impact upon the community and area in the vicinity of the winery or farm winery.

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

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(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.

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