2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 6 - (75 - 85) SPECIAL PROVISIONS RELATING TO WINE
79-D - Direct intrastate wine shipments.


NY Alcoh Bev Ctrl L § 79-D (2012) What's This?
 
    §  79-d.  Direct  intrastate wine shipments. Any person having applied
  for and received a license as a winery or  farm  winery  under  sections
  seventy-six,  seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d
  and seventy-six-f of this article may ship no more than thirty-six cases
  (no more than nine liters per case) of wine produced by such winery  for
  farm  winery  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
  shall:
    (a) in the case of a farm winery licensee or a winery  licensee,  ship
  no  more  than  thirty-six  cases (no more than nine liters) per year of
  wine 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) ensure that the outside of each shipping container  used  to  ship
  wine directly to a New York state resident is conspicuously labeled with
  the words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
  FOR  DELIVERY,"  or with other language specifically approved by the New
  York state liquor authority;
    (c) maintain records in such manner and  form  as  the  authority  may
  direct  showing  the  total  amount  of  wine  shipped in the state each
  calendar year, the names and addresses of the  purchasers  to  whom  the
  wine  was  shipped,  the  date purchased, the name of the common carrier
  used to deliver the wine, 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;
    (d)  in  connection  with the acceptance of an order for a delivery of
  wine 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 wine being purchased will not be resold or  introduced
  into commerce; and
    (e) 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 chapter;
    (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.

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