N.Y. ABC Law § 103 — New York Code / Act ABC / Article 8 / Section 103
Provisions governing manufacturers
Status: in_force

§ 103. Provisions governing manufacturers. 1. No manufacturer shall\nsell, or agree to sell or deliver in the state any liquors and/or wines,\nas the case may be, in any cask, barrel, keg, hogshead or other\ncontainer, except in sealed containers containing quantities in\naccordance with federal size standards adopted pursuant to the federal\nalcohol administration act, as amended (27 U.S.C. 201 et. seq.); and\nprovided further, that (a) Class A distillers may sell or deliver liquor\nin bulk to the holder of a Class A or B distiller's license or to a\npermittee engaged in the manufacture of products which are unfit for\nbeverage use; (b) Class C distillers may sell or deliver fruit brandy in\nbulk to the holder of a winery license, a holder of a Class B\ndistiller's license or to a permittee engaged in the manufacture of\nproducts which are unfit for beverage use; and (c) a winery licensee may\nsell or deliver wine in bulk to a holder of a winery license, the holder\nof a distiller's license of any class, or to a permittee engaged in the\nmanufacture of products which are unfit for beverage use. Such\ncontainers shall have affixed thereto such labels as may be required by\nthe rules of the liquor authority, together with all necessary federal\nrevenue and New York state excise tax stamps, as required by law.\n  2. No manufacturer shall transport alcoholic beverages in any vehicle\nowned and operated or hired and operated by such manufacturer, unless\nthere shall be attached to or inscribed upon both sides of such vehicle\na sign, showing the name and address of the licensee, together with the\nfollowing inscription: "New York State Distiller (or Brewer or Winery)\nLicense No. ..," in uniform letters not less than three and one-half\ninches in height. In lieu of such sign a manufacturer may have in the\ncab of such vehicle a photostatic copy of its current license issued by\nthe authority, and such copy duly authenticated by the authority.\n  3. No manufacturer shall deliver any alcoholic beverages, except in\nvehicles owned and operated by such manufacturer, or hired and operated\nby such manufacturer from a trucking or transportation company\nregistered with the liquor authority, and shall only make deliveries at\nthe licensed premises of the purchaser.\n  7. Each manufacturer shall keep and maintain upon the licensed\npremises, adequate books and records of all transactions involving the\nmanufacture and sale of his or its products, which shall show the\ningredients but not the formula or recipe used in the manufacture of\nsuch alcoholic beverages together with the quantity of alcoholic\nbeverages manufactured by such manufacturer; the names, addresses, and\nthe license numbers of the purchasers of such alcoholic beverages,\ntogether with the quantities involved in such purchases, whether the\nsame shall be sold within or without the state. Each sale shall be\nrecorded separately on a numbered invoice, which shall have printed\nthereon the number, the name of the licensee, the address of the\nlicensed premises, and the current license number. Such manufacturer\nshall deliver to the purchaser a true duplicate invoice stating the name\nand address of the purchaser, the quantity of alcoholic beverages,\ndescription by brands and the price of such alcoholic beverages, and a\ntrue, accurate and complete statement of the terms and conditions on\nwhich such sale is made. Any terms and conditions of a sale not stated\non said invoice shall constitute a service within the meaning of\nparagraph (c) of subdivision one of section one hundred one of this\narticle. Such books, records and invoices shall be kept for a period of\ntwo years and shall be available for inspection by any authorized\nrepresentative of the liquor authority. Provided, however, that any\nbooks and records required by this chapter to be maintained by a winery,\nfarm winery, special winery, special farm winery or microwinery must be\nkept either upon the licensed premises or such other location as may be\napproved by the authority.\n  8. No manufacturer shall furnish or cause to be furnished to any\nlicensee, any exterior or interior sign, printed, painted, electric or\notherwise, except as authorized by the liquor authority.\n  9. Nothing contained in this chapter shall prohibit a brewer from\nmanufacturing, bottling or storing non-alcoholic carbonated beverages on\nthe licensed premises provided such business was conducted by the\nlicensee prior to July first, nineteen hundred thirty-nine.\n  10. Nothing shall prohibit a licensed manufacturer, in accordance with\ntheir license, from entering into a contract with a brand owner's\nlicensee pursuant to section sixty-one-c of this chapter.\n