N.Y. Alcoholic Beverage Control Law § 36: Direct intrastate mead and braggot shipments

§ 36. Direct intrastate mead and braggot shipments. Any person having

applied for and received a manufacturing license under this chapter

which includes the privilege of producing mead and/or braggot may ship

no more than thirty-six cases (no more than nine liters per case) of

mead and/or braggot produced by such manufacturer per year directly to a

New York state resident who is at least twenty-one years of age, for

such resident's personal use and not for resale.

1. Licensee's shipping responsibilities. Notwithstanding any provision

to the contrary contained in this chapter, any above referred licensee:

(a) shall ship no more than thirty-six cases (no more than nine liters

per case) per year of mead and/or braggot produced by such license

holder directly to a New York state resident who is at least twenty-one

years of age, for such resident's personal use and not for resale;

(b) may ship within the same packaging any and all alcoholic beverages

it lawfully produces and which it sells in accordance with its shipping

privileges and responsibilities pursuant to the provisions of this

section and sections fifty-nine-c, sixty-nine, and seventy-nine-d of

this chapter, as applicable;

(c) shall ensure that the outside of each shipping container used to

ship mead and/or braggot directly to a New York state resident is

conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES -

SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR

RESALE," or with other language specifically approved by the New York

state liquor authority;

(d) shall maintain records in such manner and form as the authority

may direct showing the total amount of mead and/or braggot shipped in

the state each calendar year, the names and addresses of the purchasers

to whom the mead and/or braggot was shipped, the date purchased, the

name of the common carrier used to deliver the mead and/or braggot, and

the quantity and value of each shipment. Such records shall be kept for

three years and, upon written request, be provided to the authority or

the department of taxation and finance;

(e) shall in connection with the acceptance of an order for a delivery

of mead and/or braggot to a New York resident, require the prospective

customer to represent that he or she has attained the age of twenty-one

years or more and that the mead and/or braggot being purchased will not

be resold or introduced into commerce; and

(f) shall require common carriers to:

(i) require a recipient, at the delivery address, upon delivery, to

demonstrate that the recipient is at least twenty-one years of age by

providing a valid form of photographic identification authorized by

section sixty-five-b of this article;

(ii) require a recipient to sign an electronic or paper form or other

acknowledgment of receipt as approved by the authority; and

(iii) refuse delivery when the proposed recipient appears to be under

twenty-one years of age and refuses to present valid identification as

required by paragraph (a) of this subdivision.

2. Violations. In any action brought under this section, the common

carrier and the licensee shall only be held liable for their independent

acts.