Alcoholic Beverage Control - Special Provisions Relating to Wine - Temporary winery or farm winery permit


Published: 2014-09-22

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§ 76-b. Temporary winery or farm winery permit. 1. Any person may
apply to the liquor authority for a temporary permit to operate a
winery, farm winery, special winery, or special farm winery. Such
application shall be in writing and verified and shall contain
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such permit. Such application fee shall offset any
subsequently assessed fees required by this article for the issuance of
a winery, farm winery, special winery, or special farm winery license to
such applicant.

2. Upon application, the liquor authority shall issue such temporary
permit when the applicant:

(a) has a winery, farm winery, special winery, or special farm winery
license application pending before the liquor authority, and the
beginning of the harvest season for grapes or any other fruit or product
necessary for the production or manufacture of wine at that facility
will occur within thirty days; or

(b) is in good faith negotiating with or has entered into an agreement
with a winery, farm winery, special winery, or special farm winery
licensee to purchase, obtain or acquire part or full ownership rights in
the assets or stock of such existing licensee; or

(c) due to unforeseen circumstances or an emergency situation is in
need of a permit to ensure the continued or future operation of an
existing winery facility.

3. The liquor authority in granting such permit shall ensure that:

(a) issuance of the permit will not inordinately hinder the operation
or effective administration of this article.

(b) the applicant would in all likelihood be able to ultimately obtain
a permanent winery, farm winery, special winery, or special farm winery
license.

(c) the applicant has substantially complied with the requirements
necessary to obtain such license.

(d) upon issuance of the temporary permit, the existing license for
said premises shall have been surrendered to, or placed into safekeeping
with, the authority pursuant to rules of the liquor authority.

4. The application for a permit shall be approved or denied by the
liquor authority within forty-five days after the receipt of such
application.

5. A temporary permit shall authorize the holder thereof to operate a
winery, farm winery, special winery, or special farm winery as the case
may be, for the manufacture and sale of wine at the premises
specifically designated in the permit. Further, it shall authorize the
holder of the permit to conduct any of the activities permitted,
respectively, by section seventy-six, seventy-six-a, seventy-six-c or
seventy-six-d of this article.

6. Such temporary permit shall remain in effect for six months or
until the permittee is issued a permanent winery, farm winery, special
winery, or special farm winery license, whichever is shorter. Such
permit may be extended at the discretion of the authority for additional
three month periods of time upon payment of an additional fee of fifty
dollars for each such extension. Notwithstanding any other provision of
law, a temporary permit may be summarily cancelled or suspended at any
time if the liquor authority determines that good cause for such
cancellation or suspension exists. The liquor authority shall promptly
notify the holder of such permit in writing of such cancellation or
suspension and shall set forth the reasons for such action.

7. The liquor authority in reviewing such application shall review the
entire record and grant it unless good cause is otherwise shown. A
decision on an application shall be based on substantial evidence in the
record and supported by a preponderance of the evidence in favor of the
applicant.