NY Alcoh Bev Ctrl L § 101-B (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 101-B - Unlawful Discriminations Prohibited; Filing of Schedules; Schedule Listing Fund.

§ 101-b. Unlawful  discriminations  prohibited;  filing  of schedules; schedule listing fund. 1. It is the declared policy of the state that it is  necessary  to  regulate  and  control  the  manufacture,  sale,  and distribution  within the state of alcoholic beverages for the purpose of fostering and promoting temperance in their consumption and respect  for and obedience to the law. In order to eliminate the undue stimulation of sales  of  alcoholic  beverages  and  the  practice of manufacturers and wholesalers in granting discounts, rebates, allowances, free goods,  and other   inducements   to  selected  licensees,  which  contribute  to  a disorderly  distribution  of  alcoholic   beverages,   and   which   are detrimental to the proper regulation of the liquor industry and contrary to  the  interests  of  temperance, it is hereby further declared as the policy of the state that the  sale  of  alcoholic  beverages  should  be subjected  to  certain  restrictions,  prohibitions and regulations. The necessity for the enactment  of  the  provisions  of  this  section  is, therefore, declared as a matter of legislative determination.   2.  It  shall be unlawful for any person who sells liquors or wines to wholesalers or retailers  (a) to discriminate, directly or indirectly, in  price,  in  discounts for  time  of  payment  or in discounts on quantity of merchandise sold, between one wholesaler and another wholesaler, or between  one  retailer and another retailer purchasing liquor or wine bearing the same brand or trade  name  and  of  like  age  and  quality; (b) to grant, directly or indirectly,  any  discount,  rebate,  free  goods,  allowance  or  other inducement  of  any  kind whatsoever, except a discount or discounts for quantity of liquor or for quantity of wine and a discount not in  excess of  one  per  centum  for  payment  on  or  before ten days from date of shipment.   3. (a) No brand of liquor or wine shall be sold to or purchased  by  a wholesaler,  irrespective  of  the  place  of sale or delivery, unless a schedule, as provided by this section, is transmitted to and received by the liquor authority, and is then in  effect.  Such  schedule  shall  be transmitted  to the authority in such form, manner, medium and format as the authority may direct; shall be deemed duly verified  by  the  person submitting  such  schedule  upon  its transmission to the authority; and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where  stated  on the  label, the number of bottles contained in each case, the bottle and case price to wholesalers, the net bottle and case  price  paid  by  the seller,  which  prices,  in  each instance, shall be individual for each item and not in "combination" with any other  item,  the  discounts  for quantity,  if  any,  and the discounts for time of payment, if any. Such brand of liquor or wine shall not be sold to wholesalers except  at  the price  and  discounts  then in effect unless prior written permission of the authority is granted for  good  cause  shown  and  for  reasons  not inconsistent  with  the  purpose of this chapter. Such schedule shall be transmitted by (1) the owner of such brand, or (2) a wholesaler  selling such brand and who is designated as agent for the purpose of filing such schedule  if the owner of the brand is not licensed by the authority, or (3) with the approval of the authority, by a wholesaler,  in  the  event that  the  owner  of  the  brand  is  unable  to  transmit a schedule or designate an agent for such purpose. As used  in  this  subdivision  the term  "item"  shall  be  deemed to include a sealed, pre-wrapped package consisting of a sealed container of liquor, wine  or  wine  product  and other  merchandise  reasonably  used in connection with the preparation, storage or service of liquor, wine or wine products provided  that  such other merchandise shall not be potable or edible.  (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a retailer unless a schedule, as provided by this section, is  transmitted to  and  received  by  the liquor authority, and is then in effect. Such schedule shall be transmitted to the authority  in  such  form,  manner, medium  and  format  as  the  authority may direct; shall be deemed duly verified by the person submitting such schedule upon its transmission to the authority; and shall contain, with respect to each item,  the  exact brand  or  trade  name, capacity of package, nature of contents, age and proof where stated on the label, the number of bottles contained in each case, the bottle and case price to retailers, the net  bottle  and  case price  paid  by  the  seller,  which  prices, in each instance, shall be individual for each item and not in "combination" with any  other  item, the  discounts  for  quantity,  if  any,  and  the discounts for time of payment, if any. Such brand of liquor or  wine  shall  not  be  sold  to retailers  except at the price and discounts then in effect unless prior written permission of the authority is granted for good cause shown  and for  reasons  not  inconsistent  with  the purpose of this chapter. Such schedule shall be transmitted by each manufacturer selling such brand to retailers and by each wholesaler selling such brand to retailers.  (c) Provided however, nothing contained in this section shall  require any  manufacturer  or  wholesaler  to  list  in any schedule to be filed pursuant to this section any item offered for sale to a retailer under a brand which is owned exclusively by one  retailer  and  sold  at  retail within the state exclusively by such retailer.  (d)  The  authority may make available the schedules in paragraphs (a) and (b) of  this  subdivision  to  all  licensed  wholesaler  or  retail establishments by way of controlled internet access.   4.  Each  such schedule required by paragraph (a) of subdivision three of this section shall be filed on or before the twenty-fifth day of each month and the prices  and  discounts  set  forth  therein  shall  become effective  on  the first day of the second succeeding calendar month and shall be in effect for such second succeeding calendar month. Each  such schedule  required by paragraph (b) of subdivision three of this section shall be filed on or before the fifth day of each month, and the  prices and  discounts set forth therein shall become effective on the first day of the calendar month following the filing  thereof,  and  shall  be  in effect for such calendar month. Within ten days after the filing of such schedule  the authority shall make them or a composite thereof available for inspection by licensees.  Within  three  business  days  after  such inspection  is  provided  for, a wholesaler may amend his filed schedule for sales to retailers in order  to  meet  lower  competing  prices  and discounts  for  liquor  or  wine of the same brand or trade name, and of like age and quality, filed pursuant to this  section  by  any  licensee selling  such  brand,  provided  such  amended  prices are not lower and discounts are not greater than those to be met. Any amended schedule  so filed  shall  become  effective  on  the first day of the calendar month following the filing thereof and shall be in effect  for  such  calendar month.  All  schedules filed shall be subject to public inspection, from the time that they are required to be made available for  inspection  by licensees,  and  shall not be considered confidential. Each manufacturer and wholesaler shall retain in his licensed premises for  inspection  by licensees  a  copy  of his filed schedules as then in effect. The liquor authority may make such rules as shall be appropriate to carry  out  the purpose of this section.   4-a.  No  licensee shall refuse to sell any brand of liquor or wine to any licensee authorized to purchase such brand of liquor  or  wine  from such  licensee  at  the  price  listed in the schedule of prices of such brand of liquor or wine required to be filed by such licensee  with  the  authority  pursuant  to  this  section, provided the purchaser pays cash therefor, and except as herein provided.  (a)  A  schedule  of prices to wholesalers filed by the brand owner or its agent with the authority, pursuant to this section,  may  limit  the distribution  or  resale  of a brand to wholesalers by the filing by the brand owner or its agent with the authority of the names, addresses  and license numbers of such wholesalers. Such list shall be filed each month together with the schedule of prices, and no name shall be added thereto or  removed  therefrom  after  filing  except  with  permission  of  the authority.  (b) Only those wholesalers listed, pursuant to paragraph (a)  of  this subdivision,  may schedule the price to retailers for such brand, except that when not  inconsistent  with  the  purpose  of  this  section,  the authority  may  authorize any other wholesaler to schedule a price after furnishing the quantity, source of purchase and  any  other  information the authority may require.  (c)  When  distribution  or  resale  of  a  brand has been restricted, pursuant to paragraph (a) of this subdivision, such brand shall  not  be sold  or  purchased  by any wholesalers who are not listed in accordance with paragraph (a) of this subdivision.  (d) For good  cause  shown  to  the  satisfaction  of  the  authority, permission  may  be  granted  for  the  filing of schedules limiting the distribution or resale of a brand to retailers.  (e) Manufacturers and wholesalers may not require or compel  retailers to purchase other brands in order to be able to buy a particular brand.  (f)  Nothing  contained  in  this  subdivision  shall  be construed as authority for permitting any conduct or activity by any brand  owner  or its  agent  or  any  wholesaler  of  liquor  or  wine  proscribed by the antitrust laws of this state or the United States.  (g) If any provision of any  paragraph  of  this  subdivision  or  any subdivision  of this section or the application thereof to any person or circumstance  shall  be  adjudged  invalid  by  a  court  of   competent jurisdiction,  such order or judgment shall be confined in its operation to the controversy in which it was rendered  and  shall  not  affect  or invalidate  the  remainder  of  any provision of this subdivision or any subdivision of this section or the application of any  part  thereof  to any  other person or circumstance and to this end the provisions of each paragraph of this subdivision and each subdivision of this  section  are hereby declared to be severable.   5.  (a)  (i)  Notwithstanding  any  other  provision of law, each such schedule required by paragraph (a) of subdivision three of this  section which is filed by a micro-winery, winery, or farm winery, shall be filed annually  on  or before the twenty-fifth day of November. The prices and discounts set forth therein shall become effective on the first  day  of the second succeeding calendar month and shall remain in effect for such twelve  succeeding calendar months, unless a price change filing is made pursuant to subparagraph (ii) of this paragraph.  (ii) A micro-winery, winery, or farm winery licensee may file a  price schedule  change  at  any time between the required annual filings. Each such price schedule change shall be filed on or before the  twenty-fifth day  of  each  month  for  a change in prices to become effective on the first day of the second succeeding calendar month and  shall  remain  in effect until the effective date of the next filing.  (b) (i) Notwithstanding any other provision of law, each such schedule required  by paragraph (b) of subdivision three of this section which is filed by a micro-winery, winery, or farm winery licensee shall be  filed annually  on  or  before  the  fifth  day  of  December.  The prices and discounts set forth therein shall become effective on the first  day  of  the  calendar  month  following  the filing thereof, and shall remain in effect for such twelve succeeding calendar months, unless a price change filing is made pursuant to subparagraph (ii) of this paragraph.  (ii)  A micro-winery, winery, or farm winery licensee may file a price schedule change at any time between the required  annual  filings.  Each such  price schedule change shall be filed on or before the fifth day of each month for a change in prices to become effective on the  first  day of  the  calendar month following the filing thereof and shall remain in effect until the effective date of the next filing.  (c) Within ten days after the filing of such schedules  the  authority shall  make  them  or  a  composite  thereof available for inspection by licensees. Within three business days after such inspection is  provided for, a wholesaler may amend his filed schedule for sales to retailers in order  to meet lower competing prices and discounts for wine of the same brand or trade name, and of like age and quality, filed pursuant to this section by any licensee selling such brand, provided such amended prices are not lower and discounts are not greater than those to  be  met.  Any amended schedule so filed shall become effective on the first day of the calendar month following the filing thereof and shall be in effect until the effective date of the next filing.  (d)  All  schedules  filed shall be subject to public inspection, from the time that they are required to be made available for  inspection  by licensees,  and  shall not be considered confidential. Each manufacturer and wholesaler shall retain in his licensed premises for  inspection  by licensees  a  copy  of his filed schedules as then in effect. The liquor authority may make such rules as shall be appropriate to carry  out  the purpose of this subdivision.   6.  For  the  purpose  of  raising  the moneys necessary to defray the expenses incurred in the administration of this section,  on  or  before the  tenth  day after this act becomes a law, there shall be paid to the liquor authority by each manufacturer and wholesaler licensed under this chapter to sell to retailers liquors and/or wines, a sum  equivalent  to fifteen  per centum of the annual license fee prescribed by this chapter for each such licensee.  A  like  sum  shall  be  paid  by  each  person hereafter  applying  for  any  such  license  or the renewal of any such license, and such sum shall accompany the application  and  the  license fee  prescribed  by this chapter for such license or renewal as the case may be. In the event that any other law requires the payment of a fee by any such licensee or applicant as set forth in this section for schedule listing, then and in such event the total fee imposed  by  this  section and such other law or laws on each such licensee shall not exceed in the aggregate  a  sum equivalent to fifteen per centum of the annual license fee prescribed by this chapter for such license.   7. The authority may revoke, cancel  or  suspend  any  license  issued pursuant  to  this  chapter, and may recover (as provided in section one hundred twelve of this chapter) the penal sum of the  bond  filed  by  a licensee,  or  both, for any sale or purchase in violation of any of the provisions of this section or  for  making  a  false  statement  in  any schedule  filed  pursuant  to this section or for failing or refusing in any manner to comply with any of the provisions of this section.