NY Alcoh Bev Ctrl L § 103 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 103 - Provisions Governing Manufacturers.

§ 103. Provisions  governing  manufacturers.  1. No manufacturer shall   sell, or agree to sell or deliver in the state any liquors and/or wines,   as the case may  be,  in  any  cask,  barrel,  keg,  hogshead  or  other   container,   except   in  sealed  containers  containing  quantities  in   accordance with federal size standards adopted pursuant to  the  federal   alcohol  administration  act,  as  amended (27 U.S.C. 201 et. seq.); and   provided further, that (a) Class A distillers may sell or deliver liquor   in bulk to the holder of a Class A or B  distiller's  license  or  to  a   permittee  engaged  in  the  manufacture of products which are unfit for   beverage use; (b) Class C distillers may sell or deliver fruit brandy in   bulk to the  holder  of  a  winery  license,  a  holder  of  a  Class  B   distiller's  license  or  to  a  permittee engaged in the manufacture of   products which are unfit for beverage use; and (c) a winery licensee may   sell or deliver wine in bulk to a holder of a winery license, the holder   of a distiller's license of any class, or to a permittee engaged in  the   manufacture   of  products  which  are  unfit  for  beverage  use.  Such   containers shall have affixed thereto such labels as may be required  by   the  rules  of the liquor authority, together with all necessary federal   revenue and New York state excise tax stamps, as required by law.2. No manufacturer shall transport alcoholic beverages in any  vehicle   owned  and  operated  or hired and operated by such manufacturer, unless   there shall be attached to or inscribed upon both sides of such  vehicle   a  sign, showing the name and address of the licensee, together with the   following inscription: "New York State Distiller (or Brewer  or  Winery)   License  No.  ..,"  in  uniform letters not less than three and one-half   inches in height. In lieu of such sign a manufacturer may  have  in  the   cab  of such vehicle a photostatic copy of its current license issued by   the authority, and such copy duly authenticated by the authority.3. No manufacturer shall deliver any alcoholic  beverages,  except  in   vehicles  owned and operated by such manufacturer, or hired and operated   by  such  manufacturer  from  a  trucking  or   transportation   company   registered  with the liquor authority, and shall only make deliveries at   the licensed premises of the purchaser.7. Each  manufacturer  shall  keep  and  maintain  upon  the  licensed   premises,  adequate  books and records of all transactions involving the   manufacture and sale of his  or  its  products,  which  shall  show  the   ingredients  but  not  the  formula or recipe used in the manufacture of   such  alcoholic  beverages  together  with  the  quantity  of  alcoholic   beverages  manufactured  by such manufacturer; the names, addresses, and   the license numbers of  the  purchasers  of  such  alcoholic  beverages,   together  with  the  quantities  involved in such purchases, whether the   same shall be sold within or without  the  state.  Each  sale  shall  be   recorded  separately  on  a  numbered  invoice, which shall have printed   thereon the number, the  name  of  the  licensee,  the  address  of  the   licensed  premises,  and  the  current license number. Such manufacturer   shall deliver to the purchaser a true duplicate invoice stating the name   and address of the  purchaser,  the  quantity  of  alcoholic  beverages,   description  by  brands and the price of such alcoholic beverages, and a   true, accurate and complete statement of the  terms  and  conditions  on   which  such  sale is made. Any terms and conditions of a sale not stated   on said invoice  shall  constitute  a  service  within  the  meaning  of   paragraph  (c)  of  subdivision  one  of section one hundred one of this   article. Such books, records and invoices shall be kept for a period  of   two  years  and  shall  be  available  for  inspection by any authorized   representative of the liquor  authority.  Provided,  however,  that  any   books and records required by this chapter to be maintained by a winery,   farm  winery, special winery, special farm winery or microwinery must be    kept either upon the licensed premises or such other location as may  be   approved by the authority.8.  No  manufacturer  shall  furnish  or  cause to be furnished to any   licensee, any exterior or interior sign, printed, painted,  electric  or   otherwise, except as authorized by the liquor authority.9.  Nothing  contained  in  this  chapter shall prohibit a brewer from   manufacturing, bottling or storing non-alcoholic carbonated beverages on   the licensed premises  provided  such  business  was  conducted  by  the   licensee prior to July first, nineteen hundred thirty-nine.