Legislature wants wine ice cream exempt from liquor laws

By: The Associated Press

Saturday, June 14, 2008 1:30 PM EDT

ALBANY -- Noting the recent appearance of wine ice cream among New York's other new "agrigoodies" like maple syrup cotton candy, lawmakers agreed to exempt it from state liquor control laws.
The Senate and Assembly gave their final approvals this week to legislation that will treat wine ice cream like other confections with slightly adult content. The bill limits alcohol to 5 percent by volume, prohibits its sale to anyone under 21 and requires warning statements on labels and menus.

"When we decided where we were going to open our store, being on the wine trail, it made sense," said Judy Gonroff, an owner of Cayuga Lake Creamery in Interlaken. "We recently did a chocolate wine ice cream, and we can do others."

They didn't want to incur the expense of getting a liquor license for selling ice cream at their shop, Gonroff said.

Last week they made a wine strawberry rhubarb sorbet that sold out at one winery's rhubarb festival, and for the third year they're making one with dark cherries and merlot for another winery that has a cherry festival, Gonroff said. Her husband Jeff Kostick, who began experimenting about three years ago, recently made a nut brown ale ice cream with an Ithaca brew.

Assemblyman William Magee, who chairs the Assembly Agriculture Committee, said in the sponsor's memo: "There is no doubt that New York agriculture is steamrolling ahead with the creation, production and marketing of splendid and scrumptious new agrigoodies." The Oneida Democrat said this law will make it easier for manufacturers, distributors, retailers and restaurants to meet a growing demand.

Also, lawmakers in the Assembly and Senate gave their final approvals this week to legislation to permit tastings at wineries starting at 10 a.m. Sundays until midnight. Current law lets them sell wine at 10 a.m. Sundays but they cannot offer samples until noon.

In the sponsor's memo for that bill, Magee said: "The current law makes no sense because it forces someone to buy an untried product which often, due to the limited production and limited marketing opportunities, cannot be sampled elsewhere because the wine may be only available through the winery itself."

Both measures will be sent to Gov. David Paterson for signing or veto. A spokesman didn't immediately know the governor's intentions.

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