2023 New York Laws › ABC - Alcoholic Beverage Control › Article 4 - Special Provisions Relating to Beer › 55-B - Manner of Changing Beer Prices to Wholesalers and Retail Licensees.

§ 55-b. Manner  of  changing  beer  prices  to  wholesalers and retail
licensees. 1. It is hereby declared as the policy of the state that  the
sale  and distribution of beer shall be subject to certain restrictions,
prohibitions and regulations which tend to maintain  an  orderly  market
and  prevent destructive competition. The necessity of the provisions of
this section is therefore declared as a matter of legislative necessity.
2. No brewer or beer wholesaler may increase the price per case, draft
package or special package of beer sold to beer  wholesalers  or  retail
licensees  until at least one hundred eighty days have elapsed since his
last price decrease on such case,  draft  package  or  special  package,
provided,  however,  that the brewer or beer wholesaler may increase any
price established by him at any time in the amount  of  any  direct  tax
increase  on  beer  or three percent of the final cash invoice amount to
reasonably remunerate such wholesaler for surcharges and  fees  incurred
for  business  payment  card payments, as provided for by paragraph j of
subdivision one of section one hundred one-aaa of this  chapter,  or  on
containers thereof, actually paid by such brewer or beer wholesaler, and
provided  further,  however,  that  if  a  brewer or beer wholesaler has
increased his price to beer wholesalers at  any  time  pursuant  to  the
provisions   hereof,   the   beer  wholesaler  may  increase  the  price
established by him on such package in an  amount  equal  to  the  direct
price increase to the beer wholesaler. The price per case, draft package
or  special package of beer sold to beer wholesalers or retail licensees
on the first day of the month following the effective date of  this  act
shall  be  deemed  the  base  price, to or from which price increases or
decreases may be made in accordance with the provisions of this section.
3. The  authority  is  authorized  and  empowered  to  do  such  acts,
prescribe  such  forms  and  adopt  rules and regulations as it may deem
necessary or proper to carry into effect the purpose and  provisions  of
this section and to prevent circumvention or evasion thereof.
Without  limiting  the generality of the foregoing, and in addition to
its other powers, the authority may, in its discretion, adopt  rules  or
regulations:
a. Particularizing the standards of packaging which constitute a case,
special package and draft package of beer.
b.  Defining  the guidelines relating to "price" within the purview of
this section which guidelines may provide, without  limitation  thereto,
that,
(1) Whenever a brewer or beer wholesaler decreases his price per case,
draft  package  or special package of beer to beer wholesalers, the beer
wholesaler may decrease his price to retail licensees  on  such  reduced
item  or  items by no more than the amount in dollars and cents by which
the brewer or beer wholesaler has decreased the price  per  case,  draft
package or special package to the beer wholesaler.
(2)  Whenever  the price per case, draft package or special package of
beer is increased to retail licensees by action of the  brewer  or  beer
wholesaler following a price decrease, the brewer or beer wholesaler may
not  increase  its  price  to  retailers  on any item or items more than
one-half of the price decrease previously granted, nor may the brewer or
beer wholesaler selling such  item  or  items  to  the  beer  wholesaler
increase  its  price  to  such beer wholesaler more than one-half of the
price decrease previously granted, provided, however, such  restrictions
on  price increases by both brewers and beer wholesalers shall remain in
effect for the period of one hundred eighty days.
(3) Whenever a brewer or beer wholesaler lowers its  price  per  case,
draft  package  or special package of beer to any beer wholesaler in New
York state it must lower its price on each item or  items  by  the  same

amount  to  all  beer wholesalers throughout New York state to whom such
item or items is offered for sale.
(4)  Whenever a brewer or beer wholesaler, following a price decrease,
raises its price per case, draft package or special package of  beer  to
any  beer  wholesaler  in New York state it must raise its price on each
item or items by the same amount to all beer wholesalers throughout  New
York state to whom such item or items are offered for sale.
c.  Providing  that  for  good  cause  shown  to its satisfaction, the
authority may grant waivers to  licensees  adversely  affected  by  this
section,  under  such  terms  and  conditions  as  the  authority  deems
appropriate.
d. Requiring licensees to file with the authority  reports  certifying
their  prices of beer, the dates of any changes in the price of any item
of beer, and such other matters as the authority may determine from time
to time to be necessary to disclose accurately the price of beer  during
the  previous  twelve  months  and  requiring  licensees  to keep forms,
records and memoranda prescribed by the authority.
4.  For  the  purpose  of  defraying  the  expenses  incurred  in  the
administration  of this section, there shall be paid to the authority by
each  person  hereafter  applying  for  a  license  as  brewer  or  beer
wholesaler  the  following sums: brewer whose annual production is sixty
thousand barrels per year or more, one thousand  dollars;  brewer  whose
annual  production  is  less  than  sixty thousand barrels per year, one
hundred dollars; beer wholesaler, one hundred dollars. A like sum  shall
be paid by each person hereafter applying for the issuance or 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
thereof,  as  the  case  may be. The sums prescribed by this subdivision
shall not be pro-rated for any portion of the license fee and shall have
no refund value.
5. For any violation of any provision of this section or of  any  rule
or  regulation  duly  promulgated  under  this section the authority may
revoke, cancel or suspend a license or recover, as provided  in  section
one  hundred  twelve of this chapter, the penal sum of the bond filed by
the licensee.