N.Y. Alcoholic Beverage Control Law Section 103
Provisions governing manufacturers


1.

No manufacturer shall sell, or agree to sell or deliver in the state any liquors and/or wines, as the case may be, in any cask, barrel, keg, hogshead or other container, except in sealed containers containing quantities in accordance with federal size standards adopted pursuant to the federal alcohol administration act, as amended (27 U.S.C. 201 et. seq.); and provided further, that (a) Class A distillers may sell or deliver liquor in bulk to the holder of a Class A or B distiller’s license or to a permittee engaged in the manufacture of products which are unfit for beverage use;

(b)

Class C distillers may sell or deliver fruit brandy in bulk to the holder of a winery license, a holder of a Class B distiller’s license or to a permittee engaged in the manufacture of products which are unfit for beverage use; and

(c)

a winery licensee may sell or deliver wine in bulk to a holder of a winery license, the holder of a distiller’s license of any class, or to a permittee engaged in the manufacture of products which are unfit for beverage use. Such containers shall have affixed thereto such labels as may be required by the rules of the liquor authority, together with all necessary federal revenue and New York state excise tax stamps, as required by law.

2.

No manufacturer shall transport alcoholic beverages in any vehicle owned and operated or hired and operated by such manufacturer, unless there shall be attached to or inscribed upon both sides of such vehicle a sign, showing the name and address of the licensee, together with the following inscription: “New York State Distiller (or Brewer or Winery) License No. ..,” in uniform letters not less than three and one-half inches in height. In lieu of such sign a manufacturer may have in the cab of such vehicle a photostatic copy of its current license issued by the authority, and such copy duly authenticated by the authority.

3.

No manufacturer shall deliver any alcoholic beverages, except in vehicles owned and operated by such manufacturer, or hired and operated by such manufacturer from a trucking or transportation company registered with the liquor authority, and shall only make deliveries at the licensed premises of the purchaser.

7.

Each manufacturer shall keep and maintain upon the licensed premises, adequate books and records of all transactions involving the manufacture and sale of his or its products, which shall show the ingredients but not the formula or recipe used in the manufacture of such alcoholic beverages together with the quantity of alcoholic beverages manufactured by such manufacturer; the names, addresses, and the license numbers of the purchasers of such alcoholic beverages, together with the quantities involved in such purchases, whether the same shall be sold within or without the state. Each sale shall be recorded separately on a numbered invoice, which shall have printed thereon the number, the name of the licensee, the address of the licensed premises, and the current license number. Such manufacturer shall deliver to the purchaser a true duplicate invoice stating the name and address of the purchaser, the quantity of alcoholic beverages, description by brands and the price of such alcoholic beverages, and a true, accurate and complete statement of the terms and conditions on which such sale is made. Any terms and conditions of a sale not stated on said invoice shall constitute a service within the meaning of paragraph (c) of subdivision one of § 101 (Manufacturers and wholesalers not to be interested in retail places)section one hundred one of this article. Such books, records and invoices shall be kept for a period of two years and shall be available for inspection by any authorized representative of the liquor authority. Provided, however, that any books and records required by this chapter to be maintained by a winery, farm winery, special winery, special farm winery or microwinery must be kept either upon the licensed premises or such other location as may be approved by the authority.

8.

No manufacturer shall furnish or cause to be furnished to any licensee, any exterior or interior sign, printed, painted, electric or otherwise, except as authorized by the liquor authority.

9.

Nothing contained in this chapter shall prohibit a brewer from manufacturing, bottling or storing non-alcoholic carbonated beverages on the licensed premises provided such business was conducted by the licensee prior to July first, nineteen hundred thirty-nine.

Source: Section 103 — Provisions governing manufacturers, https://www.­nysenate.­gov/legislation/laws/ABC/103 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

100
Alcoholic beverages generally
101
Manufacturers and wholesalers not to be interested in retail places
101‑AA
Terms of sale
101‑AAA
Terms of sale
101‑B
Unlawful discriminations prohibited
102
General prohibitions and restrictions
103
Provisions governing manufacturers
104
Provisions governing wholesalers
104‑A
Provisions governing vendors
105
Provisions governing licensees to sell at retail for consumption off the premises
105‑B
Posting of certain signs
106
Provisions governing licensees to sell at retail for consumption on the premises
106‑A
Notice of arrest and convictions
106‑B
Provisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises
107
Advertising and forms of notices of the issuance of licenses
107‑A
Labeling containers of alcoholic beverages
108
Restrictions upon licensees
109
Renewals of licenses and permits
110
Information to be requested in applications for licenses or permits
110‑A
Notice of application for certain licenses to be published by applicant
110‑B
Notification to municipalities
110‑C
Public license query
111
License to be confined to premises licensed
111‑A
Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees
112
Bonds of licensees and permittees
113
Premises for which no license shall be granted
114
Licenses, publication, general provisions
114‑A
License or permit issuance and registration approval
115
Rules need not be uniform
116
Deliveries of alcoholic beverages
117
Transportation of alcoholic beverages
117‑A
Unlimited drink offerings prohibited
117‑B
Possession or use of alcohol vaporizing devices prohibited
118
Revocation of licenses for cause
119
Procedure for revocation or cancellation
120
Decisions by liquor authority
120‑A
Corporate change
121
Review by courts
122
Continuance of business by receiver or other representative
123
Injunction for unlawful manufacturing, sale or consumption of liquor, wine or beer
124
Liquor authority to be necessary party to certain proceedings
125
Disposition of moneys received for license fees
126
Persons forbidden to traffic in alcoholic beverages
127
Surrender and cancellation of licenses
127‑A
Surrender and cancellation of permits
127‑B
Payment of refunds on special permits and notice to police officers
127‑C
Refunds on licenses and permits erroneously or unlawfully cancelled, revoked or suspended
127‑D
Refunds on over-payment of fees
128
Certain officials not to be interested in manufacture or sale of alcoholic beverages
128‑A
Police officers allowed to work in licensed premises in certain cases
128‑B
Police officers allowed to serve as an officer of a volunteer firefighters’ organization
128‑C
Police officers allowed to serve as an officer of veterans’ organization
129
Surrender of license
130
Penalties for violations of chapter
131
New York alcoholic beverage control problem premises task force

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 103’s source at nysenate​.gov

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