The core of this question revolves around understanding the specific territorial limitations and licensing requirements for selling New York State labeled wine. New York Alcoholic Beverage Control (ABC) Law, specifically Section 102(1)(a), generally prohibits the sale of alcoholic beverages by a licensee in any place other than the premises for which the license was issued. While there are exceptions for certain types of sales, such as direct-to-consumer shipping under specific conditions or sales at authorized off-premises locations, a winery operating solely under a Class A winery license in New York is primarily authorized to manufacture and sell its products at its licensed premises or through authorized distribution channels. A temporary retail permit, such as a temporary beer or wine permit, is a separate authorization that allows for sales at a specific temporary location or event, and it is distinct from the winery’s primary manufacturing and sales license. Therefore, without such a temporary permit, the winery cannot legally sell its New York labeled wine at a farmers market located outside its licensed premises. The scenario describes a winery licensed in New York State, and the question asks about selling its New York State labeled wine at a farmers market in Pennsylvania. New York ABC Law governs the activities of New York licensed wineries, but the sale of alcoholic beverages across state lines is governed by federal law and the laws of the destination state. Specifically, the Twenty-first Amendment to the U.S. Constitution grants states the authority to regulate the importation and sale of alcoholic beverages within their borders. Pennsylvania, like most states, has its own comprehensive licensing and regulatory framework for the sale of alcohol. A New York winery selling its products at a farmers market in Pennsylvania would need to comply with Pennsylvania’s alcohol beverage laws, which typically require obtaining a Pennsylvania liquor license or a special permit to sell there. Simply possessing a New York State winery license does not grant permission to sell New York State labeled wine in another state. The question is about the legality of selling New York labeled wine at a farmers market in Pennsylvania by a New York licensed winery. The New York ABC Law governs sales within New York. Sales in Pennsylvania are governed by Pennsylvania law. A New York winery cannot unilaterally sell its products in Pennsylvania without adhering to Pennsylvania’s regulations. The most direct and legally sound approach for a New York winery to sell its products at a farmers market in Pennsylvania would be to obtain the appropriate Pennsylvania licensing or permits that authorize such sales. This would involve understanding and complying with Pennsylvania’s specific requirements for out-of-state wineries wishing to sell directly to consumers at events or markets within the state.

New York State’s Alcoholic Beverage Control (ABC) Law, specifically Section 79, governs the issuance of winery licenses and the associated privileges. A winery license permits the holder to manufacture wine, bottle wine, and sell wine at wholesale and retail. Section 79-a outlines specific provisions for farm wineries, which are designed to promote New York State agriculture and viticulture. A key aspect of farm winery operations is the ability to sell wine produced by the licensee, as well as wine produced by other licensed New York wineries, subject to certain conditions. These conditions often involve the percentage of New York State fruit used in the production of the wine sold under the farm winery license. Specifically, a farm winery must utilize a minimum percentage of New York State-grown grapes or other fruits to qualify for and maintain its license. This percentage is a critical regulatory requirement to ensure the agricultural basis of the farm winery operation. The law also addresses the ability of farm wineries to sell their products in tasting rooms and at off-premises locations, but the core requirement for maintaining the “farm” designation relates to the origin of the fruit used in production. The specific percentage of New York State fruit required is a detail that differentiates farm wineries from general wineries and is a common point of examination for understanding the nuances of New York’s wine laws.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79-c, governs the issuance of farm winery licenses. This section outlines the requirements for a winery to be considered a “farm winery,” which includes a minimum acreage of grapevines or other fruits used in wine production. For a Class A farm winery license, the applicant must demonstrate that at least 25% of the fruit used in the production of wine is grown or produced in New York State. Furthermore, the winery must possess at least 10 acres of land under cultivation, with at least 5 of those acres planted with grapevines or other fruits. The law also mandates that the winery produce a minimum of 5,000 gallons of wine annually. The question asks about the minimum acreage required for a farm winery license in New York, which is directly addressed by the 10-acre cultivation requirement. The other figures relate to the percentage of New York fruit, annual production volume, or are not directly tied to the land cultivation minimum for the license itself. Therefore, the foundational land requirement is 10 acres.

New York Alcoholic Beverage Control Law §79-c outlines the requirements for farm wineries to obtain a license. A key aspect of this law is the stipulation that a farm winery must produce a minimum quantity of wine from New York grown grapes or other fruit. Specifically, for the initial licensing period, the applicant must demonstrate the production of at least 1,000 gallons of wine from New York-grown fruits. Subsequent renewals require that at least 75% of the wine produced be from New York fruits. This percentage is crucial for maintaining the “farm winery” designation and its associated privileges. The law aims to promote viticulture and fruit production within New York State by encouraging wineries to source their raw materials locally. Understanding this production threshold and the ongoing percentage requirement is fundamental for any entity seeking or maintaining a farm winery license in New York. The distinction between initial licensing and renewal requirements is a common point of examination, testing the applicant’s grasp of the law’s progressive nature in promoting local agriculture.

New York Alcoholic Beverage Control (ABC) Law, specifically Section 106(6), governs the conditions under which a licensee can sell alcoholic beverages to a minor. This section states that no licensee, or agent or employee thereof, shall sell, deliver or give away, or cause or allow or suffer to be sold, delivered or given away any alcoholic beverage to any person under the age of twenty-one years. The law is strict and places the onus on the licensee to verify age. A common defense, the “bona fide defense,” is available if the licensee can demonstrate that the minor presented a valid, unexpired driver’s license or identification card issued by a government entity, or a valid United States passport, and that the appearance of the minor was such that the minor could reasonably be assumed to be twenty-one years of age or older. The key elements for this defense are the presentation of a valid, government-issued ID that appears genuine and the reasonable belief of the seller regarding the minor’s age based on their appearance. If these conditions are met, the licensee is protected from penalties. The question tests the understanding of this specific defense and its requirements under New York law.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 101-b, addresses the pricing and sale of alcoholic beverages. Subsection 3 of this section outlines the requirements for filing schedules of liquor prices and the prohibition of selling below cost. The law mandates that wholesalers and retailers must file schedules with the State Liquor Authority (SLA) and adhere to minimum pricing regulations to prevent predatory pricing and ensure fair competition within the state’s alcoholic beverage market. The core principle is to maintain a stable and orderly market by preventing deep discounting that could harm smaller businesses or encourage irresponsible consumption. Therefore, a manufacturer selling directly to a retailer in New York would be subject to the pricing regulations outlined in the ABC Law, requiring adherence to filed schedules and minimum pricing rules, as these provisions govern the sale of alcoholic beverages within the state, regardless of the direct nature of the transaction. The question probes the applicability of these general pricing regulations to a specific transaction type.

New York State Alcoholic Beverage Control Law (ABC Law) Section 79-c outlines specific provisions for farm wineries. This section details the requirements for a farm winery license, including the production volume limitations and the types of alcoholic beverages that can be manufactured and sold. A key aspect of this law is the emphasis on using New York State grapes. Specifically, for a winery to qualify as a “farm winery,” a certain percentage of the grapes used in its production must be grown in New York State. The law mandates that at least 25% of the grapes used in the production of wine must be New York State grapes. This percentage is crucial for maintaining the farm winery status and its associated privileges. For example, if a winery produces 10,000 gallons of wine and uses 8,000 gallons of grapes, and 2,000 gallons of those grapes are from New York State, then the percentage of New York State grapes used is \(\frac{2000 \text{ gallons}}{8000 \text{ gallons}} \times 100\% = 25\%\). This meets the minimum requirement. If the winery used only 1,500 gallons of New York State grapes, the percentage would be \(\frac{1500 \text{ gallons}}{8000 \text{ gallons}} \times 100\% = 18.75\%\), which would not qualify for the farm winery designation under this specific provision. The law aims to promote viticulture and the agricultural economy within New York State by incentivizing the use of locally grown produce in winemaking.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79, outlines the requirements for a farm winery license. A key aspect of this license is the production of wine from New York State grapes. The law mandates that a minimum percentage of the fruit used for winemaking must be grown within New York State. For a Class A farm winery license, which is the standard license for producing wine on-premises, this percentage is set at 60%. This ensures that the farm winery operation supports New York’s agricultural industry. Therefore, if a winery wishes to obtain or maintain a Class A farm winery license, at least 60% of the grapes used in their wine production must be sourced from New York State vineyards. Failure to meet this threshold can result in penalties or the inability to obtain or renew the license. The focus on New York grown grapes is a cornerstone of the state’s policy to promote its viticultural heritage and agricultural economy.

New York State’s Alcoholic Beverage Control (ABC) Law, specifically Section 106, outlines the responsibilities of licensees concerning the sale and service of alcoholic beverages. Subsection 5 of Section 106 states that no person shall sell, deliver, or give away any alcoholic beverage to any intoxicated person. This prohibition is a fundamental aspect of responsible alcohol service and aims to prevent harm to individuals and the public. The law imposes a duty of care on licensees and their employees to observe patrons and refuse service when intoxication is evident. Failure to adhere to this provision can result in disciplinary actions from the New York State Liquor Authority (SLA), including fines, license suspension, or revocation. The standard for determining intoxication is based on observable physical and behavioral signs, not necessarily a specific blood alcohol content, although that can be evidence. This duty extends to all licensed premises where alcohol is sold for on-premises consumption.

New York Alcoholic Beverage Control (ABC) Law Section 79-c governs the issuance of farm winery licenses. This section outlines the specific requirements a winery must meet to qualify for this special license, which allows for the sale of wine produced from at least 60% New York state-grown grapes. A key aspect of this law is the requirement for a winery to maintain a minimum annual production of wine. While the law specifies the percentage of New York grapes, it also implicitly requires a tangible level of production to demonstrate the “winery” aspect of the operation. The intent is to support New York’s agricultural economy by encouraging the use of local produce in wine production. Therefore, a farm winery license is fundamentally tied to the operational reality of producing wine from New York grapes, not merely the intention or a small-scale demonstration. The law aims to foster genuine agricultural enterprises that contribute to the state’s wine industry and agricultural base.

New York State’s Alcoholic Beverage Control (ABC) Law, specifically Section 106, outlines the responsibilities of licensees regarding sales. Subsection 5 of Section 106 states that no licensee, by himself or by his employee, shall sell, deliver or give away any alcoholic beverage to any person, actually or apparently under the age of twenty-one years. This prohibition is absolute and does not permit exceptions based on the purchaser’s appearance or the licensee’s belief about their age. The law is designed to prevent underage drinking, and the responsibility for verifying age rests entirely with the licensee and their employees. Ignorance of the law or a mistaken belief about a customer’s age is not a valid defense against a violation. Penalties for such violations can include fines, suspension, or revocation of the license. The law also requires that identification be presented upon request by any peace officer or by the licensee or their employee. The specific act of selling to a minor, regardless of intent or the minor’s presentation, constitutes a violation.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79, outlines the requirements for a farm winery license. A key aspect of this license is the production volume. A farm winery must produce a minimum of 5,000 gallons of wine annually. Additionally, it must source at least 60% of its fruit from New York State vineyards. The license also permits the sale of wine at retail for consumption on the premises and for off-premises consumption, as well as the sale of cider and fruit brandy produced by the licensee. The question probes the minimum production threshold for a farm winery license in New York, which is directly stipulated by the law. Understanding this quantitative requirement is crucial for aspiring winery owners and those involved in the state’s agricultural and alcoholic beverage industries. The 5,000-gallon minimum is a foundational element of the farm winery definition under New York law, distinguishing it from other types of winery licenses and emphasizing its agricultural basis.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79-c, governs the licensing and operation of farm wineries. This section outlines various provisions, including the ability for licensed farm wineries to sell their products at retail for consumption on the premises. Crucially, it specifies that such sales must be incidental to the primary purpose of promoting the sale of wine produced by the winery. The law does not mandate a specific percentage of food sales to wine sales, nor does it require a separate restaurant license for this specific on-premises consumption privilege granted to farm wineries. The focus is on the winery’s core business of producing and selling its own wine, with ancillary activities like on-premises consumption being permitted to support that primary function. Therefore, a farm winery operating under a Section 79-c license in New York can serve wine and food for on-premises consumption without needing a separate restaurant license, provided the food service is incidental to the wine sales and promotion.

New York State’s Alcoholic Beverage Control (ABC) Law, specifically Section 79-a, governs the issuance of farm winery licenses. This section outlines the requirements for obtaining such a license, which include the production of wine from New York State grapes. A key aspect of this law is the minimum percentage of New York State grapes that must be used in the production of wine sold under a farm winery license. This percentage is crucial for ensuring that the license genuinely supports New York’s agricultural sector and promotes the use of local produce. The law mandates that at least 25% of the fruit used to produce the wine must be New York State fruit. This requirement is designed to foster the growth of New York’s viticulture industry and to differentiate farm wineries from other types of wineries that might import a larger proportion of their fruit. Failure to meet this percentage can lead to penalties or the inability to renew the farm winery license. The intent is to create a direct link between the winery’s operations and the state’s agricultural output, thereby benefiting New York grape growers.

The Alcoholic Beverage Control (ABC) Law in New York governs the licensing and regulation of alcoholic beverages. Section 105 of the ABC Law outlines the requirements for retail licenses, including grocery stores, delicatessens, and other food establishments. Specifically, subsection 2 of Section 105 addresses the conditions under which such licensees may sell wine for off-premises consumption. This subsection prohibits the sale of wine in quantities of less than one-fifth of a gallon or more than one gallon per single sale. The question presents a scenario where a licensed grocery store in New York sells wine. The sale of a 750ml bottle of wine is a common size, and 750ml is equivalent to approximately 0.198 gallons. Since 0.198 gallons is less than one-fifth of a gallon (0.2 gallons), this sale would technically be in violation of the specific quantity restriction. The law is designed to prevent the sale of very small, individual servings of wine through off-premises licenses, reserving those sales for establishments with different licensing structures. Therefore, selling a 750ml bottle, which is less than one-fifth of a gallon, is prohibited under Section 105(2).

New York State’s Alcoholic Beverage Control (ABC) Law, specifically Section 100, governs the sale of alcoholic beverages, including wine. This section outlines the requirements for obtaining and maintaining liquor licenses. For a winery to sell its products directly to consumers for off-premises consumption, it must possess the appropriate license. A Class A winery license, as defined by the ABC Law, permits the holder to manufacture, bottle, and sell wine at wholesale and retail for consumption on or off the premises. However, the question specifies that the winery is operating under a Class B license. A Class B license is typically associated with restaurants or taverns that sell alcoholic beverages for consumption on their premises, not for the manufacturing and direct retail sale of wine by a winery itself. Therefore, a winery operating solely under a Class B license would not be permitted to sell its manufactured wine directly to consumers for off-premises consumption, as this activity is reserved for licensed manufacturers with the appropriate retail privileges, such as those granted by a Class A license or a specific farm winery license with off-premises sales privileges. The ability to conduct direct-to-consumer sales for off-premises consumption is a privilege that must be explicitly granted by the license.

New York Alcoholic Beverage Control Law §63 governs the issuance of licenses for the sale of wine at retail for consumption on the premises. This section specifically addresses the Class A license, which permits the sale of wine for consumption on the licensed premises. The law establishes various requirements and restrictions for obtaining and maintaining such a license. One crucial aspect is the ability to sell wine to be consumed off the premises, which is typically handled by a separate license type, such as a Class C license (wine store) or a farm winery license with off-premises privileges. A Class A license, by its statutory definition, is primarily for on-premises consumption. While a licensee might operate a business that includes both on-premises and off-premises sales, these activities would generally require distinct licensing or specific endorsements, depending on the nature of the establishment and the products sold. The question probes the understanding of the specific scope of a Class A license as defined by New York State law, distinguishing it from other retail privileges. The correct answer reflects the primary statutory purpose of a Class A license.

The scenario describes a winery in New York State that wishes to sell its products directly to consumers at a farmers’ market located in a different county within New York. New York Alcoholic Beverage Control Law (ABC Law) Section 79-c outlines the provisions for wineries to sell their products at off-premises locations, including farmers’ markets. Specifically, a winery holding a Class A manufacturer’s license is permitted to sell its wines at retail at one or more designated farmers’ markets. However, the law requires the winery to obtain a specific permit from the New York State Liquor Authority (SLA) for each such off-premises sales location. This permit is separate from the manufacturing license and allows for the direct retail sale of wine at the designated farmers’ market. The law does not mandate that the farmers’ market must be located within the same county as the winery’s licensed premises. Therefore, the key requirement for the winery to operate legally at the farmers’ market in a different county is to secure the appropriate permit from the SLA for that specific location. The existence of a tasting room at the winery itself does not negate the need for this separate permit for off-premises sales.

The Alcoholic Beverage Control Law in New York State governs the sale and distribution of alcoholic beverages. Specifically, Section 106(5) of the ABC Law addresses the conditions under which a retail licensee can sell or deliver alcoholic beverages for off-premises consumption. This section stipulates that no sale or delivery of alcoholic beverages for off-premises consumption can be made to a person who is visibly intoxicated. The law focuses on the observable state of the individual seeking to purchase alcohol. While a licensee is prohibited from selling to minors or selling during prohibited hours, the specific prohibition related to the condition of the purchaser, as described in the scenario, directly falls under the “visibly intoxicated” clause. Therefore, the primary legal prohibition applicable in this situation, based on the purchaser’s demeanor, is the sale to a visibly intoxicated person. The other options represent different violations of the ABC Law that are not directly triggered by the described observable condition of the purchaser. For instance, selling to a minor relates to age verification, and selling during prohibited hours pertains to licensing restrictions on operating times, neither of which is the core issue presented by the purchaser’s observable state.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79-c, governs the licensing of farm wineries. This section outlines the requirements for obtaining and maintaining a farm winery license, including provisions related to the production of wine from New York State grapes. A key aspect is the minimum percentage of New York State grapes that must be used in the production of wine sold under the farm winery license. For a winery to qualify and operate as a “farm winery” in New York, at least 25% of the fruit used in the production of its wine must be grown within New York State. This percentage is crucial for maintaining the integrity of the farm winery designation, which is intended to promote viticulture and winemaking within the state. Failure to meet this requirement can lead to penalties or the inability to renew the license. Therefore, understanding this specific percentage is fundamental to compliance with New York’s farm winery regulations.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 100, outlines the requirements for the sale of alcoholic beverages. For a licensed manufacturer, such as a winery, to sell their products directly to consumers for off-premises consumption, they must hold the appropriate license. Section 76 of the ABC Law pertains to the “Farm Winery License.” This license permits the holder to manufacture wine from grapes or other fruits grown or produced in New York State and to sell such wine at wholesale and retail. Retail sales for off-premises consumption are typically conducted at the winery premises or at a licensed branch office. The question asks about the direct sale of wine from a New York winery to a consumer for consumption off the premises. This is a core function permitted under the Farm Winery License, provided the sales are made at the licensed premises. The key is that the winery itself is licensed to conduct these retail sales. Other license types, such as a wholesaler’s license or a retailer’s license (like a grocery store or liquor store), have different privileges and restrictions. A winery operating solely under a manufacturing license without a retail privilege would not be able to make such direct sales. The scenario describes a New York winery engaging in direct-to-consumer sales for off-premises consumption, which is a fundamental privilege granted by the Farm Winery License. Therefore, the winery must possess this specific type of license to legally conduct these transactions.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79, governs the issuance of farm winery licenses. A key requirement for obtaining such a license is that the applicant must manufacture wine from grapes or other fruits grown within New York State. The law mandates that at least 60% of the fruit used for winemaking must be sourced from New York State. This percentage is calculated based on the volume of fruit used in the production of wine. For a winery to maintain its farm winery license, this requirement must be met continuously. Failure to adhere to this sourcing percentage can lead to penalties, including the suspension or revocation of the license by the New York State Liquor Authority (SLA). The intent behind this provision is to support and promote New York’s agricultural sector and its wine industry. Therefore, a winery must ensure that its annual production consistently utilizes at least 60% New York State-grown fruit to remain compliant with the farm winery licensing stipulations.

New York State’s Alcoholic Beverage Control (ABC) Law, specifically Section 104, governs the licensing of wholesalers and distributors. This section outlines the requirements and restrictions for obtaining and maintaining a wholesaler’s license. A key aspect of this law is the prohibition against a licensed wholesaler from having any direct or indirect interest in the business of a retailer. This “tied-house” provision is designed to prevent undue influence and promote fair competition within the alcoholic beverage industry. A violation of this provision can lead to severe penalties, including license suspension or revocation. The question assesses understanding of this fundamental principle of New York’s three-tier system for alcohol distribution. The scenario presented involves a New York State winery, which holds a Class A winery license, also acquiring a majority ownership stake in a retail establishment that sells wine for off-premises consumption. This direct ownership by a licensed wholesaler (the winery operating as a distributor for its own products and potentially others) in a retail business directly contravenes the spirit and letter of ABC Law Section 104. Therefore, such an arrangement would be prohibited.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79-c, governs the issuance of farm winery licenses. This section details the requirements for a winery to qualify for a farm winery license, which includes producing wine from grapes or other fruits grown or produced in New York State. The law emphasizes the agricultural aspect of winemaking. A key requirement is that at least 25% of the fruit used in the production of wine must be grown or produced within New York State. This percentage is calculated based on the volume of fruit used. For instance, if a winery uses 10,000 gallons of fruit in a year, at least 2,500 gallons must be New York-grown. The purpose of this provision is to support New York agriculture and promote the state’s viticultural industry. Failure to meet this threshold can result in the denial or revocation of a farm winery license. The law also outlines other conditions, such as the winery’s capacity and its ability to produce wine in commercially reasonable quantities. Understanding this specific percentage is crucial for any entity seeking or maintaining a farm winery license in New York.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79-c, governs the licensing of wineries. This section outlines the requirements for a farm winery license, which is crucial for wineries that wish to produce wine from New York State fruit. A key aspect of this license is the volume of New York State fruit that must be used in the production of wine sold under this license. For a Class A farm winery license, at least 50% of the fruit used must be New York State fruit. If a winery wishes to produce wine from fruits other than grapes, such as berries or apples, and sell it under a farm winery license, they must still adhere to the percentage requirement for New York State sourced fruit. This percentage ensures the promotion and support of New York State agriculture, a core tenet of the farm winery licensing structure. Therefore, if a winery is producing cider from apples sourced entirely from within New York State, and wishes to sell this cider under their farm winery license, they meet the requirement of using at least 50% New York State fruit.

New York State Alcoholic Beverage Control (ABC) Law, specifically Section 105, governs the retail sale of alcoholic beverages. This section outlines various prohibitions and requirements for licensees, including those holding grocery store beer licenses. A key aspect of these regulations pertains to the sale of beer and wine products to individuals under the age of 21. The law strictly prohibits any licensee or employee from selling or giving alcoholic beverages to minors. Enforcement of this law often involves sting operations conducted by law enforcement agencies, where underage individuals attempt to purchase alcohol. If a licensee or their employee is found to have sold alcohol to a minor, penalties can range from fines and license suspension to revocation, depending on the severity and frequency of the offense. The intent is to prevent underage access to alcohol and promote responsible alcohol sales within the state. The scenario presented involves a licensee who has been cited for a violation of this prohibition. The specific penalty for a first offense of selling to a minor, as stipulated by the ABC Law and its associated rules, typically involves a period of license suspension. While fines are also common, the question focuses on the immediate consequence to the license’s operational ability. For a first offense, the law generally mandates a suspension period, rather than immediate revocation or a simple warning, to serve as a significant deterrent. The duration of this suspension is determined by the State Liquor Authority (SLA) based on the specific circumstances, but a standard period is often applied for first-time offenders to ensure compliance with the law.

The New York Alcoholic Beverage Control Law (ABC Law) governs the sale and distribution of alcoholic beverages, including wine. Section 100 of the ABC Law outlines the general provisions for the sale of alcoholic beverages, specifying that no person shall sell, or offer to sell, any alcoholic beverage unless licensed to do so. For wine, this typically involves a Type 14 or Type 15 license for off-premises consumption or a Type 01 license for on-premises consumption. The scenario involves a winery located in New York State that wishes to sell its wine directly to consumers at a farmers’ market in another New York State county. New York ABC Law §79-c specifically addresses the requirements for wineries to sell their products at off-site locations, including farmers’ markets. This section permits a winery to sell its wine at a farmers’ market if the winery holds a valid manufacturer’s license (Type 14 or Type 15) and obtains a specific permit from the State Liquor Authority (SLA) for such sales. This permit is distinct from the winery’s primary license and is intended to regulate off-site sales. Without this additional permit, the winery’s existing license does not automatically authorize sales at a farmers’ market in a different county. Therefore, the winery must secure the appropriate permit from the SLA to conduct sales at the farmers’ market. The question tests the understanding of the specific regulatory requirements for off-site sales by New York wineries, which go beyond the general licensing provisions.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 79-c, governs the issuance of farm winery licenses. This section outlines the requirements for a winery to be considered a “farm winery,” which includes the production of wine from grapes, fruits, or berries grown or produced in New York State. The law mandates that at least 25% of the grapes used in the production of wine must be grown in New York State. For fruit wines or wines made from berries, at least 51% of the fruit or berries must be grown in New York State. These percentages are crucial for maintaining the “farm winery” designation and its associated privileges, such as the ability to sell wine directly to consumers at the winery, at licensed tasting rooms, and through a limited number of off-premises retail licenses. The intent behind these requirements is to support New York’s agricultural sector and promote the state’s wine industry. Failure to meet these production thresholds can result in the loss of the farm winery license or the inability to obtain one initially. Therefore, understanding these specific percentage requirements is fundamental for any entity seeking to operate as a farm winery in New York.

The New York Alcoholic Beverage Control (ABC) Law, specifically Section 105, governs the retail sale of alcoholic beverages by grocery stores and drug stores. This section permits the sale of wine and cider by such establishments, provided they hold the appropriate license. The law distinguishes between off-premises consumption licenses, which allow for the sale of wine and cider for consumption elsewhere, and on-premises consumption licenses. Grocery stores and drug stores are typically issued a Type 210 license (or similar off-premises license) which allows for the sale of wine and cider. However, the law strictly prohibits the sale of liquor by these establishments. Furthermore, the law mandates specific hours of sale, generally from 8 AM to midnight, Monday through Saturday, and from noon to midnight on Sundays, though local municipalities may impose stricter limitations. The ability to sell beer is governed by a separate license type, typically a Type 14 or Type 140 license, which is distinct from the wine and cider license held by grocery and drug stores. Therefore, a grocery store licensed to sell wine and cider under Section 105 of the ABC Law cannot also sell beer unless it obtains a separate beer license.

The New York Alcoholic Beverage Control Law, specifically Section 105, governs the licensing and regulation of the sale of alcoholic beverages. For a grocery store to obtain a license to sell wine for off-premises consumption, it must adhere to specific requirements. Section 105(1)(a) of the ABC Law permits the issuance of a Class A-1 license to sell wine at retail for consumption off the premises. This license is typically granted to grocery stores and delicatessens. However, the law also includes provisions regarding the types of beverages that can be sold and the conditions under which such sales can occur. A critical aspect is the prohibition of selling other merchandise that could be construed as being in direct competition with or undermining the intent of a traditional liquor store. While grocery stores can sell wine, the law is designed to maintain a distinction between the general retail environment and the specialized sale of spirits and strong liquors, which are often restricted to licensed liquor stores. The ability of a grocery store to sell wine is a specific carve-out, and the licensing authority, the New York State Liquor Authority (SLA), ensures that the store’s primary business remains food sales. The question tests the understanding of which specific type of license permits off-premises wine sales in grocery stores, as defined by New York law, and the general principles guiding such licenses.