Alcoholic Beverage Control - General Provisions - Provisions governing manufacturers

Published: 2014-09-22

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§ 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.