§ 79-c. Direct interstate wine shipments. 1. Authorization.\nNotwithstanding any provision of law, rule or regulation to the\ncontrary, any holder of a license to manufacture wine in any other state\nwho obtains an out-of-state direct shipper's license, as provided in\nthis section, may ship no more than thirty-six cases (no more than nine\nliters each case) of wine produced by such license holder per year\ndirectly to a resident of New York who is at least twenty-one years of\nage, for such resident's personal use and not for resale, provided the\nstate in which such person is so licensed affords lawful means for\nshipments of wine to be received by a resident thereof who is at least\ntwenty-one years of age, for such resident's personal use and not for\nresale, from a person licensed in this state as a manufacturer and,\nprovided further, that the state in which such out-of-state winery is\nlocated affords to New York state winery and farm winery licensees\nreciprocal shipping privileges, meaning shipping privileges that are\nsubstantially similar to the requirements in this section. No person\nshall place an order for shipment of wine unless they are twenty-one\nyears of age or older. Any common carrier with a permit issued pursuant\nto this chapter to whom such out-of-state shipper's license is presented\nis authorized to make delivery of shipments provided for hereunder in\nthis state in compliance with this section.\n 2. License. Before sending any shipment hereunder to a resident in\nthis state, the out-of-state shipper shall first obtain a license from\nthe authority under procedures prescribed by rules and regulations of\nthe authority and after providing the authority with a true copy of its\ncurrent license to manufacture wine in the applicant's state of domicile\nalong with a copy of the applicant's federal basic permit after payment\nof an annual fee of one hundred twenty-five dollars. Notwithstanding the\nprovisions of section one hundred ten of this chapter, the authority in\nits discretion, may excuse an out-of-state winery from the submission of\nsuch information.\n 3. Licensee's responsibilities. The holder of an out-of-state direct\nshipper's license:\n (a) shall ship no more than thirty-six cases (no more than nine liters\neach case) per year of wine produced by such license holder directly to\na New York state resident who is at least twenty-one years of age, for\nsuch resident's personal use and not for resale;\n (b) may ship within the same packaging any and all alcoholic beverages\nit lawfully produces and which it sells in accordance with its shipping\nprivileges and responsibilities pursuant to the provisions of this\nsection and sections thirty-five, fifty-nine-b, and sixty-eight of this\nchapter, as applicable;\n (c) shall ensure that the outside of each shipping container used to\nship wine directly to a New York resident is conspicuously labeled with\nthe words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR\nOLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language\nspecifically approved by the New York state liquor authority;\n (d) shall maintain records in such manner and form as the authority\nmay direct, showing the total amount of wine shipped into the state each\ncalendar year; the names and addresses of the purchasers to whom the\nwine was shipped, the date purchased, the name of the common carrier\nused to deliver the wine, and the quantity and value of each shipment;\n (e) shall in connection with the acceptance of an order for a delivery\nof wine to a New York resident, require the prospective customer to\nrepresent that he or she has attained the age of twenty-one years or\nmore and that the wine being purchased will not be resold or introduced\ninto commerce;\n (f) shall require common carriers to:\n (i) require a recipient, at the delivery address, upon delivery, to\ndemonstrate that the recipient is at least twenty-one years of age by\nproviding a
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.