N.Y. Alcoholic Beverage Control Law § 103: Provisions governing manufacturers

§ 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 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.

10. Nothing shall prohibit a licensed manufacturer, in accordance with

their license, from entering into a contract with a brand owner's

licensee pursuant to section sixty-one-c of this chapter.