(a) For the purpose of encouraging the development of domestic vineyards, the commission shall issue a farmer-winery license to any applicant who is both a citizen and resident of the commonwealth, and to applying partnerships composed solely of such individuals, and to applying corporations organized under the laws of the commonwealth or organized under the laws of any other state of the United States and admitted to do business in this commonwealth and to applying limited liability companies and limited liability partnerships organized under the laws of the commonwealth, subject to such conditions as the commission may prescribe by regulation to address issues of citizenship and residency and the need for a license manager under section 26 as qualifications for a limited liability company or limited liability partnership to hold a license pursuant to this section and sections 15, 18, 18A, 19 and 19C, unless:

1. (1) such person does not comply with reasonable application procedures required by the commission; or
2. (2) the commission determines that such person is not of responsible character; or
3. (3) a church or school located within five hundred feet of the winery premises has objected to issuance of the license in accordance with section sixteen C; or
4. (4) the commission determines that the applicant retains or owns an interest, directly or indirectly, in the business of a licensee under section twelve or fifteen; or
5. (5) the commission determines that the applicant retains or owns an interest, directly or indirectly in more than one business licensed under section eighteen; or
6. (6) the applicant has not furnished the requisite license fee or bond; or
7. (7) the commission determines that the co-partners, corporate officials or stockholders of the applicant do not meet the requirements of paragraphs (2), (4) and (5), or that the manager or agent intended to conduct the winery business on the applicant's behalf does not meet such requirements, or that such co-partners, officials, stockholders, agent or manager remain undisclosed.

(d) Every applicant for an original winery license or for a transfer of such a license shall, within seven days after filing an application with the commission, send written notice of his application by registered mail, return receipt requested, to:

1. (1) each school which offers instruction and training to children of compulsory school age in accordance with sections one and four of chapter seventy-one and which is located within a radius of five hundred feet from the premises on which the winery is to be operated; and

2. (2) each church as defined in section sixteen C which is located within a radius of five hundred feet from such premises.

   The notice shall also state that the church or school has the right to object under section sixteen C to the issuance or transfer of the winery license. If the authorities in charge of any such school or church complain to the commission in writing that a winery license has been issued or transferred without the mailing of the requisite notice, and that they object to such issuance or transfer, the commission shall hold a hearing to determine whether the requisite notice was mailed. If after a hearing the commission determines that notice was not mailed as required, then the commission shall cancel the winery license unless:

3. (3) such school or church had actual notice, prior to issuance or transfer, of the application and of the right to object under sixteen C; or

4. (4) such school or church did not complain as soon as possible after actual notification of the application and of the right to object.

   Any winegrower aggrieved by the cancellation of his license, or any school or church aggrieved by the commission's refusal to cancel such a license, may appeal as provided in subsection (d).

(g) A winegrower may sell wine or winery products:

1. (1) at wholesale to any person holding a valid wholesaler's and importer's license under section 18;
2. (2) at retail by the bottle to consumers, for consumption off the winery premises in accordance with a license issued under section 15, 15F or 19F;
3. (3) at retail or wholesale to a person in a state or territory in which the importation and sale of wine is not prohibited by law;
4. (4) at wholesale to a person in any foreign country.

5. (5) at retail by the glass or bottle to be consumed on the premises prescribed by a license issued by local authority pursuant to this section.

   [Paragraph (6) of subsection (g) added by 2014, 165, Sec. 161. See also, paragraph (6) of subsection (g) as added by 2014, 494, below.]