2023 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.
(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.
(e) As used in this subdivision the term "item"  shall  be  deemed  to
include  a  sealed, pre-wrapped package consisting of a sealed container
or containers of liquor, wine or wine  products  and  other  merchandise
reasonably  used in connection with the preparation, storage, promotion,
gifting, or service of liquor, wine or wine products provided that  such
other  merchandise shall not be potable or edible; provided however that
any such  wine,  liquor  or  wine  products  sealed  or  pre-wrapped  in
combination  with  other  items shall also be available individually for
sale. For the purposes of this section, gift and promotional items shall
only include those items that are complementary and directly  associated
with  the sale of wine or liquor they are gifting or promoting and shall
mean: (1) items that are de minimis in value, but in no  instance  shall
merchandise  be  valued at more than fifteen dollars in total; (2) items
that are imprinted with the wine or liquor brand logo  on  the  gift  or
promotional  item;  and  (3)  items  that  are  included  as  part  of a
manufactured pre-sealed package with the wine or liquor  that  is  being
gifted  or  promoted. Further, for the purposes of this section, gift or
promotional items shall not include any food, non-alcoholic beverage, or
other drink or food mix, nor shall these items be offered  for  sale  to
the general public as individual items.
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, or a class  A,
A-1,  B, B-1, C, or D distiller 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, or a class A, A-1, B,
B-1, C, or D distiller 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, or a class  A,
A-1,  B, B-1, C, or D distiller 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, or a  class  A,  A-1,  B,
B-1,  C, or D distiller 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.