N.Y. Alcoholic Beverage Control Law § 69: Direct intrastate liquor shipments

§ 69. Direct intrastate liquor shipments. Any person having applied

for and received a class A-1, class B-1, class C, or class D distiller

license under section sixty-one of this article may ship no more than

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

by such licensee 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 liquor 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 thirty-six, fifty-nine-c, and seventy-nine-d of

this chapter, as applicable;

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

ship liquor 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 liquor shipped in the state each

calendar year, the names and addresses of the purchasers to whom the

liquor was shipped, the date purchased, the name of the common carrier

used to deliver the liquor, 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 liquor 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 liquor 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.