2023 New York Laws › ABC - Alcoholic Beverage Control › Article 7 - Special Permits › 99-G - Sale of Privately Held Wines and Liquors.

§ 99-g. Sale   of  privately  held  wines  and  liquors.  1.  (a)  Any
nonlicensed person legally owning wine and/or liquor  is  authorized  to
sell  that wine and/or liquor to a licensed person or through a licensed
person to an individual or group of individuals by any lawful method  of
sale  or  by means of an auction by a licensed person conducted pursuant
to this section. The licensee involved in such sale  shall  ensure  that
each  bottle  of wine and/or liquor sold from a private collection has a
permanently affixed label stating  that  the  wine  and/or  liquor  were
acquired from a private collection.
(b)  For  purposes  of this section, if wine is offered at an auction,
"licensed person" means any person licensed under section sixty-three or
seventy-nine of this  chapter,  if  liquor  is  offered  at  an  auction
"licensed person" means any person licensed under section sixty-three of
this  chapter, and in any auction a "licensed person" shall have been so
licensed for a period of ten years or more.
2. (a) The liquor authority is hereby authorized to issue a  wine  and
liquor  auction permit to a licensed person to conduct auctions of wines
and/or liquors. The wine and liquor auction permit shall be in  addition
to any permit requirements imposed by local law, ordinance or resolution
by any municipality in which the auctioneer seeks to operate.
(b)  A  wine  and liquor auction permit shall be issued for a calendar
year. A wine and liquor auction permit shall allow the holder to conduct
twenty-four auctions of wine and/or liquor during the  period  the  wine
and liquor auction permit shall be in effect.
(c) The fee therefor shall be thirty-two hundred dollars for each year
or part thereof.
(d) The permit shall be in the form prescribed by the authority.
3. A person owning, controlling or possessing wines and/or liquors may
ship the wines and/or liquors from within or without New York state to a
wine  and  liquor  auction  permittee  or  licensee;  provided that such
permittee or licensee shall ensure  that  each  bottle  is  labelled  in
accordance  with  the  provisions of paragraph (a) of subdivision one of
this section. Although the wines and/or liquors to be offered at auction
may not be owned by a wine and liquor auction permittee, upon receipt of
the wines and/or liquors the permittee  shall  be  responsible  for  the
storage  and  warehousing  of  the  wines  and/or liquors, as well as be
responsible for  the  delivery  of  the  wines  and/or  liquors  to  the
purchasers  at  auction  and shall be responsible for the payment of all
applicable state and local taxes.
4. Notwithstanding any other provision of  this  chapter,  any  person
authorized  to  sell  wine  at wholesale or retail may purchase any wine
offered at an auction conducted pursuant to this section and may  resell
any  wine  so  purchased  in  accordance  with  the  terms of his or her
license, and any person authorized to sell liquor at wholesale or retail
may purchase any liquor offered at an auction conducted pursuant to this
section and may resell any liquor so purchased in  accordance  with  the
terms of his license; provided that such licensee shall ensure that each
bottle is labelled in accordance with the provisions of paragraph (a) of
subdivision one of this section.
5. A wine and liquor auction permittee shall be permitted to hold wine
tastings  at  an  auction  at  which wine is offered, and to hold liquor
tastings at an auction at which liquor is offered, on  the  premises  of
any location approved by the authority for conducting an auction.
6.  A  wine  and  liquor  auction  permittee  shall  be subject to all
restrictions, regulations, and provisions heretofore set  forth  in  the
appropriate  sections  of  this  chapter  governing  the sale of wine or
liquor for off-premises consumption, provided those provisions  are  not
inconsistent with the provisions created pursuant to this section.
7.  (a)  Wine  tastings  which are conducted under this auspices of an
official agent of a farm winery,  winery,  wholesaler  or  importer  and
where  such  agent is physically present at all times during the conduct
of the tasting, then, in that event, any liability stemming from a right
of  action  resulting  from  a wine tasting as authorized herein, and in
accordance with the provisions of sections  11-100  and  11-101  of  the
general  obligations  law,  shall  accrue  to  the  farm winery, winery,
wholesaler, importer, or licensee.
(b) Liquor tastings which are  conducted  under  the  auspices  of  an
official  agent  of  a  distiller, wholesaler or importer and where such
agent is physically present at all  times  during  the  conduct  of  the
tasting,  then,  in  that  event, any liability stemming from a right of
action resulting from a liquor tasting  as  authorized  herein,  and  in
accordance  with  the  provisions  of  sections 11-100 and 11-101 of the
general obligations law, shall  accrue  to  the  distiller,  wholesaler,
importer, or licensee.
8.  The  authority  shall  adopt  any  rules  consistent  with  and in
furtherance of the implementation of this section.