2006 New York Code - Definitions.

 
    § 420. Definitions. As used in this article:
    1.  "Person"  includes an individual, copartnership, limited liability
  company, society, association, corporation, joint stock company, and any
  combination  of  individuals  and  also  an   executor,   administrator,
  receiver, trustee or other fiduciary.
    2. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of
  wine, from whatever source or by whatever process produced.
    3. "Alcoholic beverages" mean and include beers, wines or liquors.
    * 4.  (a)  "Distributor" when used with respect to alcoholic beverages
  other than liquors means any person who imports or causes to be imported
  into this state any such  alcoholic  beverages  which  are  or  will  be
  offered  for  sale  or used for any commercial purpose; any purchaser of
  warehouse receipts for such alcoholic beverages stored in a warehouse in
  this state who causes such beverages to be removed from such  warehouse;
  and  also  any  person  who  produces,  distills,  manufactures,  brews,
  compounds, mixes or ferments any such alcoholic  beverages  within  this
  state for sale, except (i) a person who manufactures, mixes or compounds
  such  alcoholic  beverages  the  ingredients  of  which  consist only of
  alcoholic beverages on which the taxes imposed by this article have been
  paid, and (ii) a person who mixes or compounds such alcoholic  beverages
  with non-alcoholic ingredients for sale and immediate consumption on the
  premises,   who  shall  be  a  distributor  only  with  respect  to  the
  ingredients which consist of alcoholic beverages upon  which  the  taxes
  imposed by this article have not been paid.
    (b)  "Distributor"  when used with respect to liquors means any person
  who imports or causes to be imported into this state liquors for sale or
  use in this state; any  purchaser  of  warehouse  receipts  for  liquors
  stored  in  a  warehouse  in this state who causes liquors to be removed
  from such  warehouse;  and  also  any  person  who  produces,  distills,
  manufactures, compounds, mixes or ferments any liquors within this state
  for  sale,  except  (i)  a  person  who manufactures, mixes or compounds
  liquors the ingredients of which consist only of alcoholic beverages  on
  which  the  taxes  imposed  by  this  article have been paid, and (ii) a
  person who mixes or compounds liquors with non-alcoholic ingredients for
  sale  and  immediate  consumption  on  the  premises,  who  shall  be  a
  distributor  only  with  respect  to  the  ingredients  which consist of
  alcoholic beverages upon which the taxes imposed by  this  article  have
  not been paid.
    * NB Effective until October 31, 2007
    * 4.  "Distributor"  means  any  person  who  imports  or causes to be
  imported into this state any alcoholic beverages which are  or  will  be
  offered  for  sale  or used for any commercial purpose; any purchaser of
  warehouse receipts for alcoholic beverages stored in a warehouse in this
  state who causes such beverages to be removed from such  warehouse;  and
  also  any person who produces, distills, manufactures, brews, compounds,
  mixes or ferments any alcoholic beverages within this  state  for  sale,
  except  (a)  a  person  who  manufactures,  mixes or compounds alcoholic
  beverages the ingredients of which consist only of  alcoholic  beverages
  on  which  the  taxes  imposed by this article have been paid, and (b) a
  person who mixes or compounds  alcoholic  beverages  with  non-alcoholic
  ingredients  for  sale  and  immediate  consumption on the premises, who
  shall be a distributor  only  with  respect  to  the  ingredients  which
  consist  of  alcoholic  beverages  upon  which the taxes imposed by this
  article have not been paid.
    * NB Effective October 31, 2007
    5. "Beers" mean and include  all  alcoholic  beer,  lager  beer,  ale,
  porter,  and  stout,  and  all  other fermented beverages of any name or
  description manufactured from malt, wholly  or  in  part,  or  from  any
  substitute  therefor  containing one-half of one per centum, or more, of
  alcohol by volume.
    6.  "Wines"  mean  and include wine (both still and sparkling and when
  fortified by the addition of alcohol or spirits), fruit juice containing
  one-half of one per centum or more of alcohol by volume  and  all  other
  beverages   containing   alcohol   manufactured   or   produced  by  the
  fermentation  of  the  natural  sugar  contents  of  fruits   or   other
  agricultural  products  containing sugar, provided the foregoing contain
  not more than twenty-four per centum of alcohol by volume, but shall not
  mean or include cider containing three and  two-tenths  per  centum,  or
  less, of alcohol by volume.
    7.  "Liquors"  mean  and  include  any  and all distilled or rectified
  spirits, alcohol, brandy, cordial (whether the base therefor be wine  or
  liquor),  whiskey, rum, gin and all other distilled beverages containing
  alcohol, including all dilutions and mixtures of  one  or  more  of  the
  foregoing,  and  also mean and include any alcoholic liquids which would
  be wines if the alcoholic content thereof were not more than twenty-four
  per centum by volume.
    8. "Retail sale" or "sale at retail" means a sale to a consumer or  to
  any person for any purpose other than for resale.
    9.  "Owner"  shall  include  any  person selling or offering alcoholic
  beverages for sale at retail.
    10. "Sale" means any transfer, exchange or barter in any manner or  by
  any  means  whatsoever.  The  sale  of warehouse receipts given upon the
  storage of alcoholic beverages shall not be construed as a sale  of  the
  beverages represented by such receipts.
    11.  "Gallon"  means  one  hundred  twenty-eight fluid ounces; "quart"
  means thirty-two fluid ounces.
    12. "Use" means any compounding or mixing of alcoholic beverages  with
  other  ingredients  or  other treatment of the same in such manner as to
  render them unfit or unsuitable for consumption as a beverage  and  also
  the  actual  consumption  or  possession  for  consumption  of alcoholic
  beverages as a beverage or otherwise.
    13. A distiller's license means a license issued by the  state  liquor
  authority  pursuant  to the provisions of the alcoholic beverage control
  law to manufacture liquors or wines or to  brew  beers,  a  wholesaler's
  license means a license issued by the state liquor authority pursuant to
  the  provisions  of  the alcoholic beverage control law to sell liquors,
  wines or beers at wholesale and a retailer's  license  means  a  license
  issued  by  the state liquor authority pursuant to the provisions of the
  alcoholic beverage control law to sell liquors, wines or beers at retail
  for on or off premises consumption.
    * 14. "Noncommercial importer" means a person other than a distributor
  who imports or causes to be imported into this  state  beers  or  wines,
  except that such person shall not be a noncommercial importer where such
  person  imports  or causes to be imported into this state such alcoholic
  beverages in  the  quantities  and  under  the  conditions  provided  by
  subdivision  four  of  section  four  hundred  twenty-four. Such term is
  inapplicable with respect to liquors.
    * NB Effective until October 31, 2007
    * 14. "Noncommercial importer" means a person other than a distributor
  who  imports  or  causes  to  be  imported  into  this  state  alcoholic
  beverages, except that such person shall not be a noncommercial importer
  where  he  imports  or  causes  to be imported into this state alcoholic
  beverages in  the  quantities  and  under  the  conditions  provided  by
  subdivision four of section four hundred twenty-four.
    * NB Effective October 31, 2007
    15.  "Liter"  means  a  metric  unit of capacity equal to one thousand
  cubic centimeters of alcoholic beverages and equivalent to  thirty-three
  and eight hundred fourteen thousandths fluid ounces.
    16. "Brand owner" means any person who is a manufacturer of any liquor
  or  wine  for which a brand or trade name label has been registered with
  and approved by the state  liquor  authority  pursuant  to  section  one
  hundred  seven-a  of the alcoholic beverage control law. For purposes of
  this subdivision the term manufacturer includes a  distiller,  importer,
  vintner or rectifier.