reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.2 - Alcoholic beverage delivery invoices required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of calculating credit
					 periods in compliance with Alcoholic Beverage Control Law Sections 101-a a and
					 101-aaa and this Part, each sale or delivery of alcoholic beverages to a retail
					 licensee must be accompanied by a true and accurate invoice featuring: a unique
					 invoice number; the delivery date; the seller's name and business address; the
					 brand names and quantities of alcoholic beverages delivered on that date; the
					 price of each individual item, the subtotal of all items delivered on that
					 date, and the total amount due from the retailer arising from the entire
					 invoice; the name, address, and license number of the retailer to whom the
					 delivery is made; as well as a true, accurate, and complete statement of the
					 terms and conditions upon which the delivery is made. In addition, each such
					 invoice must feature the delivery address if different than the retailer's
					 business address. A duplicate original of each delivery invoice must be
					 maintained by each manufacturer and wholesaler for a minimum period of two
					 years from the date of delivery of the alcoholic beverages.
(b) The delivery date reflected on each
					 invoice as required by subpart (a) above shall be the date utilized for
					 purposes of calculating credit periods in compliance with Alcoholic Beverage
					 Control Law Sections 101-a a and 101-aaa and these rules. Any retailer that is
					 delinquent in payment for any such invoice must be placed on the delinquent
					 (C.O.D.) list by the manufacturer or wholesaler via the Online Delinquent
					 Management System and in accordance with Alcoholic Beverage Control Law
					 Sections 101-a a and 101-aaa and these rules.
(c) If goods are sold by a wholesaler to a
					 retailer via the "bill and hold" method of operation whereby the wholesaler
					 acts as a warehouse for a portion of the purchased product that is not
					 physically delivered to the retailer's licensed premises or a licensed
					 warehouse on behalf of the retailer all at once at the initial delivery, the
					 wholesaler must issue to the retailer a warehouse receipt in accordance with
					 Part 64 of these rules, and the date that the wholesaler accepts the order from
					 the retailer shall be considered the date of delivery utilized for purposes of
					 calculating credit periods and compliance with Alcoholic Beverage Control Law
					 Sections 101-a a and 101-aaa and these rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.4 - Electronic mail notification option

Current through Register Vol. 46, No. 28, July 10, 2024
Each manufacturer or wholesaler that sells alcoholic
						beverages to retail licensees may allow any retail licensee to opt to receive
						notices and information via electronic mail including, but not limited to,
						delinquent (C.O.D.) list notifications. Any manufacturer or wholesaler who opts
						to allow retailers to receive electronic mail notifications shall for each
						retailer that opts to receive email notifications:
(a) on or before the final payment date,
					 email the retailer a list of all invoices which are due on the final payment
					 date and remain unpaid (hereinafter the first notice) along with a statement
					 setting forth the notification date and a statement that the retailer will be
					 placed on the delinquent list via the authority's Online Delinquent Management
					 System if payment of all outstanding invoice balances due for alcoholic
					 beverage purchases and/or delivery charges arising therefrom has not been
					 received by the notification date; and
(b) in the event any amount due for alcoholic
					 beverage purchases and/or delivery charges arising therefrom on each invoice
					 included in the first notice has not been paid in full, on the notification
					 date report the retailer as delinquent via the authority's Online Delinquent
					 Management System and send a copy of the first notice via electronic mail to
					 the retail licensee; and
(c)
					 maintain records of all email notifications sent to retailers for a period of
					 two years.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.5 - Payment by retailer

Current through Register Vol. 46, No. 28, July 10, 2024
Unless payment for all alcoholic beverages purchased by a
						retail licensee during a particular credit period is made on or before the
						appropriate final payment date, such retailer shall be deemed to be in default.
						Where payment is made by mail, the remittance must be mailed on or before the
						final payment date. Where such payment is received by the wholesaler subsequent
						to the final payment date and the envelope containing the remittance is
						postmarked not later than the business day immediately following the final
						payment date, the retailer shall not be deemed in default. In such instances
						the wholesaler shall retain the envelopes for a period of one
						year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.6 - Purchases by retailers in default

Current through Register Vol. 46, No. 28, July 10, 2024
Subsequent to having been reported as delinquent by a
						manufacturer or wholesaler via the Authority's Online Delinquent Management
						System, no retail licensee shall purchase or accept any delivery of alcoholic
						beverages except for cash until such time as he or she has received a release
						in writing from the Authority or his or her name is removed from the delinquent
						list. No wholesaler or manufacturer shall make any sale or delivery, except for
						cash, to any retailer whose name is on the delinquent list unless the retailer
						evidences a release in writing from the Authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.7 - Notification to Liquor Authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
					 the respective notification dates each manufacturer or wholesaler shall file
					 with the Authority via the Authority's Online Delinquent Management System at a
					 website address and in a manner as directed by the Authority, the name and
					 serial number of each delinquent retail licensee as well as the delivery date
					 of the unpaid invoice and the amount owed thereon. Such electronic delinquent
					 (C.O.D.) list posting shall serve as a substitute for the first class mailing
					 requirements for Notices of Default as set forth in Alcoholic Beverage Control
					 Law § 101-a a(3).
(b) Where a
					 check drawn on the account of a retail licensee on the delinquent list is
					 tendered to a manufacturer or wholesaler as "cash payment" and such check is
					 not honored upon presentment to the bank for payment, said manufacturer or
					 wholesaler shall submit a report in writing concerning the same on a form and
					 in a manner as directed by the Authority. Such report shall be submitted within
					 three business days after the manufacturer or wholesaler has received notice
					 that the check was not honored when presented to the bank for payment and
					 should be accompanied by a copy of both sides of the check.
(c) In any instance where a delinquent
					 retailer makes a payment in full of the entire amount due and payable on an
					 invoice for alcoholic beverages and/or delivery charges arising therefrom, the
					 manufacturer or wholesaler receiving such payment shall log onto the
					 Authority's Online Delinquent Management System and remove the retailer from
					 the delinquent (C.O.D.) list. Said action shall be taken by the manufacturer or
					 wholesaler during the same business day that such payment is received if the
					 payment is made by cash, certified check, bank officer's check, draft or money
					 order. Where payment is made by ordinary check, the manufacturer or wholesaler
					 shall defer removal of the retailer from the delinquent (C.O.D.) list until
					 such check has cleared the bank.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.9 - Delinquent list

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority shall publish the delinquent (C.O.D.) list
						online via the Online Delinquent Management System and shall make same
						available to licensed manufacturers, wholesalers and retailers. Any appearance
						of a retail licensee on the delinquent (C.O.D.) list shall constitute notice to
						all manufacturers and wholesalers of that retailer's delinquent
						status.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.11 - Sale of business

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise prescribed by the Authority where, in
						connection with a transfer or sale of a licensed business, the Authority issues
						a license to the purchaser, who assumes the debts of a seller who is on the
						delinquent list, the purchaser shall not purchase alcoholic beverages except
						for cash and his name shall be published on the delinquent
						list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.12 - Releases from the delinquent list

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority may grant a release from the delinquent
						(C.O.D.) list to any retail licensee who has received a notice of default or is
						named on the delinquent (C.O.D.) list on good cause shown to it and after
						investigation of the facts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.13 - Deleted

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.14 - Deleted

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.15 - Deleted

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.16 - Deleted

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 68 - Delinquent List › Section 68.17 - Deleted

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
An on-premises licensee operating two or more premises
						separately licensed to sell alcoholic beverages for on-premises consumption, or
						two or more corporate on-premises licensees which are under common control may,
						with the approval of the Liquor Authority, inaugurate or retain in this State
						methods or practices of centralized accounting, bookkeeping, control records,
						billing, invoicing or payment with respect to purchases, sales or deliveries of
						alcoholic beverages. For the purposes of this Part, any two or more corporate
						on-premises licensees shall be deemed to be under common control if a majority
						of each class of stock of each such corporation is owned by the same person.
						All applications for such centralized accounting and bookkeeping shall be
						subject to the following terms and conditions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.1 - Approval of liquor authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Application for permission to inaugurate or retain such methods or practices
					 must be made in writing to the Wholesale Bureau of the State Liquor Authority
					 at its New York City office.
(b)
					 Such application must set forth the address of the central or main office of
					 such licensee at which centralized records pertaining to the operations of the
					 several separately licensed premises shall be maintained and be available for
					 inspection by any authorized representative of the Liquor Authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.2 - Central or main office

Current through Register Vol. 46, No. 28, July 10, 2024
Such office may be either one of the separately licensed
						premises operated by such licensee, or an office separate and distinct from any
						such premises. If such office is a non-licensed premises, a registration number
						shall be assigned thereto by the Liquor Authority, which shall be utilized by
						such office in connection with all purchases of alcoholic beverages made
						centrally.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.3 - Purchases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Such records
					 must show the daily amount of all purchases of alcoholic beverages made by such
					 licensee and shall include the dollar amounts and quantity of alcoholic
					 beverages purchased, the date of each purchase and the name, address and
					 license number of the person from whom such alcoholic beverages are
					 purchased.
(b) Quantities of
					 alcoholic beverages purchased must be set forth in terms of the sizes of the
					 containers in which they are received such as half barrels, quarter barrels,
					 cases, quarts, fifths, gallons and half gallons and shall be further identified
					 as to the brand name and type.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.4 - Control records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records
					 must be maintained on a current basis which shall show the inventories of
					 alcoholic beverages stored in warehouses by such licensee and set forth in the
					 form prescribed in subdivision (b) of section
					 69.3 the following information:
(1) the quantities and types of alcoholic
					 beverages delivered to each of the separately licensed premises operated by
					 such licensee;
(2) the quantities
					 and types of alcoholic beverages transferred between any of the several
					 separately licensed premises and/or the warehouse;
(3) the dates of each such delivery or
					 transfer;
(4) any other disposition
					 of alcoholic beverages including returns and breakage.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.5 - Sales

Current through Register Vol. 46, No. 28, July 10, 2024
A central record must be maintained which shall show the
						daily sales of alcoholic beverages and food, separately stated for each of the
						several separately licensed premises. Such record shall reflect the
						following:
(a) total daily
					 receipts;
(b) daily income from
					 alcoholic beverages;
(c) daily
					 income from food;
(d) miscellaneous
					 income.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.6 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cash
					 disbursement record covering payments for all alcoholic beverages must be
					 maintained, substantiated by invoices and vouchers, which shall identify each
					 payment made, and set forth the date and amount of the same, discount taken, if
					 any, and the name of the person to whom such payment was made.
(b) Any disbursement based on a direct
					 purchase of alcoholic beverages by any of the several separately licensed
					 premises must be reflected in the record maintained centrally for each such
					 premises.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.7 - Delivery and storage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Alcoholic
					 beverage purchases by such licensee may be delivered directly to any of the
					 several separately licensed premises or to a warehouse to which a warehouse
					 permit has been issued by the Liquor Authority.
(b) Nothing herein contained shall be
					 construed as requiring that alcoholic beverages stored by such licensee in a
					 licensed warehouse need be segregated or ear-marked for any separately licensed
					 premises operated by such licensee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.8 - Billing and invoicing

Current through Register Vol. 46, No. 28, July 10, 2024
Orders for alcoholic beverages delivered to any of the
						separately licensed premises may be billed to either such licensed premises or
						to the central or main office. Invoices therefore must designate the address
						and license number of the premises to which delivery was made. Orders delivered
						to a licensed warehouse and not ear-marked for a particular licensed premises
						must be billed to the central or main office and the invoice must therefore
						bear the designation "Account of Central Office" and the registration number
						assigned to such central office by the Liquor Authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 69 - Centralized Accounting And Bookkeeping By On-premises Retailers Operating Two Or More Separately Licensed Premises › Section 69.9 - Maintenance of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All of the
					 records hereinabove described shall be maintained on a current basis and all
					 such transactions must be recorded in the central or main office within five
					 business days of the date of the actual transaction and must be verifiable by
					 substantiating documents.
(b) All
					 such records relating to alcoholic beverages must be kept separate and distinct
					 from any other records maintained by any such licensee.
(c) In addition to the records described
					 herein, such licensee must also maintain in such central or main office any
					 other records required by law and the rules and regulations of the Liquor
					 Authority.
(d) All such records
					 must be maintained for a period of at least two years.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 70 - Change Of Beer Prices To Wholesale And Retail Licensees › Section 70.1 - Change in beer prices

Current through Register Vol. 46, No. 28, July 10, 2024
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 180 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 on containers
						thereof, actually paid by such brewer or beer wholesaler.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter D - Sales, Deliveries And Records › Part 70 - Change Of Beer Prices To Wholesale And Retail Licensees › Section 70.2 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
For good cause shown to its satisfaction, the authority
						may grant waivers to licensees adversely affected by section 55-b  of the
						Alcoholic Beverage Control Law or this Part, under such terms and conditions as
						the authority deems appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 80 - Representation By Attorney › Section 80.1 - Representation by counsel permitted

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant for a license or permit or the holder of a
						license or permit under the Alcoholic Beverage Control Law may be represented
						by counsel provided the attorney shall be a member of the Bar of the State of
						New York in good standing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 80 - Representation By Attorney › Section 80.2 - Attorney of record

Current through Register Vol. 46, No. 28, July 10, 2024
An attorney retained in connection with any proceeding,
						as defined in section 168  of the Executive Law, shall be deemed the attorney of
						record pursuant to the provisions thereof, provided he shall file the notice of
						retainer and appearance, prescribed by the State Liquor Authority, prior to or
						at the time of his first appearance in the proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 80 - Representation By Attorney › Section 80.3 - Successor attorney

Current through Register Vol. 46, No. 28, July 10, 2024
Where another attorney was previously retained in
						connection with such proceeding, the substituted attorney shall file the notice
						of substitution and appearance, prescribed by the State Liquor Authority, prior
						to or at the time of his first appearance in the proceeding. The substituted
						attorney shall also certify that a copy of said notice of substitution and
						appearance has been served on the superseded attorney, or, if not, will be
						served by regular mail or otherwise within 24 hours.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 80 - Representation By Attorney › Section 80.4 - Place of filing notices

Current through Register Vol. 46, No. 28, July 10, 2024
The appropriate notice of retainer and appearance or
						notice of substitution and appearance shall be filed with the local alcoholic
						beverage control board or zone office of the authority at which the attorney
						filing the same makes his first appearance in the proceeding or files, by mail
						or otherwise, and application for a license or permit in behalf of his client.
						Where such notice is filed at a local alcoholic beverage control board, the
						same shall be filed in duplicate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 80 - Representation By Attorney › Section 80.5 - Separate notices to be filed in each proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever an attorney shall represent the same party or
						parties in more than one proceeding before the Division of Alcoholic Beverage
						Control, a separate notice of retainer and appearance shall be filed in each
						proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 80 - Representation By Attorney › Section 80.6 - Service upon attorney of record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Service of any notice or communication by
					 regular mail or electronic means upon the attorney or authorized representative
					 of record designated in the notice of retainer and appearance or notice of
					 substitution and appearance last filed with the authority shall be deemed
					 proper service on the party represented.
(b) Such notice of appearance shall include
					 an email address for the purpose of service of papers related to the
					 proceeding.
(c) For purposes of
					 this section, "electronic means" is any method of transmission of information,
					 between computers or other devices, designed for the purpose of sending and
					 receiving such transmissions and which allows the recipient to reproduce the
					 information transmitted in a tangible medium of expression.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 81 - Bonds Of Licensees And Permittees › Section 81.1 - Requirement of bond

Current through Register Vol. 46, No. 28, July 10, 2024
Each licensee and each permittee of the kinds and classes
						hereinafter prescribed shall file with the Liquor Authority a bond to the
						people of the State of New York, issued by a surety company approved by the
						Superintendent of Insurance as to solvency and responsibility, and authorized
						to transact business in this State, in the penal sum hereinafter prescribed,
						conditioned that such licensee or permittee will not suffer or permit any
						violation of the provisions of the Alcoholic Beverage Control Law or the rules
						of the State Liquor Authority. All bonds shall undertake that any costs taxed
						or allowed in any action or proceeding will be paid to the extent of $1,000 in
						addition to the penal sums specified in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 81 - Bonds Of Licensees And Permittees › Section 81.2 - Filing bond

Current through Register Vol. 46, No. 28, July 10, 2024
The bond prescribed by this Part shall accompany the
						application for the license or permit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 81 - Bonds Of Licensees And Permittees › Section 81.3 - Penal sum of bonds

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Licenses.
The following is the schedule of penal sums of bonds to
						be filed in support of the various licenses:
Manufacturer
Bond
Brewer .......
$15,000
Distiller (class A) .......
25,000
Distiller (class B) .......
25,000
Distiller (class C) .......
5,000
Winery .......
10,000
Cider producer .......
1,000
Farm winery .......
1,000
Wholesaler
Beer .......
10,000
Wine .......
10,000
Liquor .......
20,000
Vendor
.......
1,000
Retail (off-premises)
Beer (grocery, drug store and supply ship) .......
1,000
Wine (wine store) .......
1,000
Liquor (liquor store) .......
1,000
Retail (on-premises)
Beer
Club, hotel, eating place or ball park stadium
								  .......
1,000
Railroad car, other than option C .......
None
Railroad car-option C only .......
1,000
Vessel (including fishing vessel) .......
1,000
Summer licenses (club, hotel or eating place)
								  .......
1,000
Wine and beer
Club, hotel or restaurant .......
1,000
Special .......
1,000
Liquor, wine and beer
Bottle club .......
1,000
Special .......
1,000
Restaurant, hotel, club, luncheon club, eating
								  establishments or vessel .......
1,000
Railroad car, other than option C .......
None
Railroad car-option C only .......
1,000
Summer licenses (club, hotel, restaurant or
								  vessel) .......
1,000
Aircraft .......
1,000
(b)
Permits.
The
								  following is the schedule of penal sums of bonds to be filed in support of the
								  various permits:
Bottling (§ 96-a, subd. 3) [DAGGER] .......
$ 5,000
Broker (annual) .......
1,000
Solicitors .......
1,000
Trucking (regardless of number of vehicles
								  operated by permittee) .......
1,000
Warehouse .......
5,000
[DAGGER] Alcoholic Beverage Control Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 81 - Bonds Of Licensees And Permittees › Section 81.4 - Filing bond rider

Current through Register Vol. 46, No. 28, July 10, 2024
Before a license or permit certificate is endorsed or any
						change is made on the face of the certificate or to the licensed premises for
						any of the following reasons, a bond rider, covering such endorsement or
						change, must first be obtained from the surety company which issued the bond
						filed in support of the license or permit, and filed with the appropriate zone
						office of the Liquor Authority.
(a)
					 Endorsement of a license pursuant to section 122 (Alcoholic Beverage Control
					 Law).
(b) Removal of the premises
					 to another location.
(c) Additional
					 space included in the licensed premises whether such additional space includes
					 a new house number or not. (This shall apply to any outdoor space, including a
					 sidewalk cafe.)
(d) Change of name
					 of an individual licensee as the result of marriage, court order or
					 otherwise.
(e) Change of corporate
					 name upon a certificate issued by the Secretary of State.
(f) Transfer of employment by a
					 solicitor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 81 - Bonds Of Licensees And Permittees › Section 81.5 - Return of bond

Current through Register Vol. 46, No. 28, July 10, 2024
Where a license or permit has been issued by the
						authority, the bond filed in support of the license or permit shall not be
						returned to the licensee or permittee. A bond may not be returned even though
						the license or permit was immediately surrendered for cancellation and refund
						and was never actually used. A bond filed in support of a license or permit may
						be returned only to a person whose application was disapproved or disapproved
						without prejudice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 81 - Bonds Of Licensees And Permittees › Section 81.6 - Rule inapplicable to governmental agency

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall not apply to any license or permit issued
						to any department, board, commission or other agency of the State or to any
						political subdivision of the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 81 - Bonds Of Licensees And Permittees › Section 81.7 - Replacement and restoration of bonds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No license shall be issued to any person
					 and no licensee shall traffic in alcoholic beverages unless there is in effect
					 and on file with the authority a surety company bond as required by this
					 Part.
(b) Where payment of the full
					 amount of a surety company bond has been directed or claimed by the authority
					 in disciplinary proceedings, the licensee shall file a new bond. Where payment
					 of a part of the bond has been directed or claimed by the authority in
					 disciplinary proceedings, the licensee shall file with the authority a rider of
					 the surety company certifying that the full amount of the bond has been
					 restored and is effective. Such new bond or rider shall be filed within 10 days
					 from the date of the authority's order. Failure of the licensee to comply shall
					 constitute good and sufficient cause for the revocation, cancellation,
					 suspension, recall or nonrenewal of the license. The requirements of this
					 subdivision shall not apply when the license period during which the surety
					 bond was effective has expired.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 83 - Brand Signs And Displays › Section 83.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part, unless the context requires
						otherwise:
(a) Sign means and includes
					 any sign, poster, placard, design, device, statuette, decalcomania, beer tap
					 marker or graphic display, printed, painted or electric, bearing the name,
					 trade name, trademark, insignia, symbol or product slogan of a manufacturer or
					 wholesaler of alcoholic beverages or the trade name, trademark, insignia,
					 symbol, design or label of a brand of alcoholic beverages.
(b) Exterior shall mean and include the
					 outward surface of the licensed premises and any part of the building
					 containing the licensed premises, except as otherwise provided in subdivision
					 (a) of section
					 83.4 of this Part, and the outer
					 surface of any window or transparent door on the licensed premises; and the
					 outer surface of any opaque door on the licensed premises.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 83 - Brand Signs And Displays › Section 83.2 - Exterior signs

Current through Register Vol. 46, No. 28, July 10, 2024
No sign, as defined in subdivision (a) of section
						83.1 of this Part, shall be
						erected, installed or displayed on the exterior of any retail licensed premises
						by the retailer; provided, however, that this section shall not apply to
						premises licensed to sell beer at retail for consumption off the
						premises.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 83 - Brand Signs And Displays › Section 83.4 - Signs furnished to retailers

Current through Register Vol. 46, No. 28, July 10, 2024
No manufacturer or wholesaler shall furnish, give, rent,
						lend, sell, install or erect, directly or indirectly, or through a subsidiary
						or affiliate, or by an officer, director or firm member of such manufacturer or
						wholesaler:
(a) any sign on the
					 exterior of retail licensed premises; provided, however, that such sign may be
					 installed or erected on the roof or the exterior wall of a building in which
					 retail licensed premises are located, if the retailer is not the owner or the
					 lessee of the entire building and the retailer is not given or promised any
					 fee, gratuity, rebate, credit, discount or service, directly or indirectly, for
					 the erection or maintenance of such sign;
(b) any sign in the interior of retail
					 licensed premises unless it complies with the limitations and restrictions
					 prescribed by this Part, except that the restrictions as to size shall not
					 apply to signs furnished, given or sold to off-premises beer licensees;
					 or
(c) any other sign, brand or
					 otherwise, except as authorized by the Liquor Authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 83 - Brand Signs And Displays › Section 83.5 to 83.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 84 - Labels › Section 84.2 - Sales permitted

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Nothing herein contained, however, shall prohibit a retail licensee from
					 selling any alcoholic beverage which was in the possession of such retailer
					 prior to May 8, 1963, provided the alcoholic beverage is labelled in accordance
					 with the Federal Alcohol Administration Act regulations.
(b) Where a standard label, i.e., a brand
					 label not owned and sold exclusively by one retailer is registered and approved
					 by the Authority pursuant to this Part and is thereafter discontinued by a
					 manufacturer or wholesaler, any retailer who has purchased or has in his
					 possession any alcoholic beverages bearing such brand label shall not be
					 precluded from thereafter selling such alcoholic beverages by reason of such
					 discontinuance.
(c) Where a private
					 brand label owned and sold exclusively by one retailer and registered by such
					 retailer is thereafter discontinued, such retailer may continue to sell any
					 alcoholic beverages in his possession bearing such brand label at the time the
					 label is discontinued. Such retailer may not, however, receive any further
					 deliveries of such alcoholic beverages except by permission of the Authority in
					 writing and shall not place any further orders for any alcoholic beverages
					 bearing such label for a period of at least two years from the date of such
					 discontinuance and then only provided such brand label has been registered with
					 and approved by the Authority.
(d)
					 Where pursuant to the terms and conditions of a liquidator's permit or other
					 permit issued pursuant to section 99-b  of the Alcoholic Beverage Control Law, a
					 licensee acquires a stock of alcoholic beverages, the brand labels on the
					 inventory of alcoholic beverages so acquired shall, for the purpose of this
					 Part only, be deemed to have been registered with and approved by the
					 Authority, provided they conform with the Federal Alcohol Administration Act
					 regulations, and may thereafter be sold by the purchaser.
(e) The privilege granted in subdivisions
					 (a), (b), (c) and (d) of this section is subject in all instances to such
					 transactions being otherwise in conformance with the provisions of the
					 Alcoholic Beverage Control Law and the rules and regulations of the
					 Authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 84 - Labels › Section 84.3 - Application for registration of brand label

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided herein,
					 application for registration shall be made in writing on a form prescribed by
					 the Authority and filed with the Authority at its New York City office, by the
					 same licensee filing schedules pursuant to section 101-b and 101-c of the
					 Alcoholic Beverage Control Law. An application for registration of a label
					 owned and sold exclusively by one retailer shall be made by such retailer. An
					 application for registration of a beer label shall be made by the owner of such
					 label if a licensee, or by a wholesaler selling beer under such label who is
					 appointed as exclusive agent in writing by the owner thereof or by any
					 wholesaler, with the approval of the Authority, in the event the owner is
					 unable to apply or designate an agent.
(b) Each application shall be accompanied by
					 a copy of the label and by a check, draft or any other payment authorized by
					 section 114-a  of the Alcoholic Beverage Control Law, in the amount of the fee
					 required by paragraph (d) of subdivision 4 of section 107-a  of the Alcoholic
					 Beverage Control Law except as hereinafter provided.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 84 - Labels › Section 84.4 - Brand label registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 separate fee in the amount of $50 shall be required in connection with the
					 registration of each brand label used for wine where there is any difference in
					 the mandatory information required to be set forth on such label by
					 subdivisions (a), (b) and (c) of section
					 4.32 of the Federal Alcohol
					 Administration Act regulations, except where such difference is limited to any
					 of the following:
(1) net contents;
					 or
(2) vintage year; or
(3) type of wine other than variations as
					 between table and dessert wines as set forth in paragraph (6) of this
					 subdivision; or
(4) in the instance
					 of a private brand label owned and sold exclusively by one retailer, where the
					 wine is bottled, packed or imported by a different bottler, packer or importer
					 provided all other information appearing on the label and not excepted
					 hereunder is the same; or
(5) in
					 the instance of imported wine notwithstanding different geographic, generic,
					 semi-generic or non-generic designations appearing on the label as described in
					 subdivisions (b) and (c) of section
					 4.24 of the Federal Alcohol
					 Administration Act regulations the wine may be considered the same brand
					 provided the foreign producer, blender, rectifier, maker, bottler, packer or
					 shipper is the same; or
(6)
					 variations in alcoholic content other than as between wines having an alcoholic
					 content not in excess of 14 percent by volume (table wines) and those in excess
					 of 14 percent but not more than 24 percent (dessert wines).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 84 - Labels › Section 84.5 - Term and validity of registration

Current through Register Vol. 46, No. 28, July 10, 2024
Each approved registration shall be valid only with
						respect to the licensee to whom it is issued and shall not be transferable. The
						term of the registration shall coincide with that of the holder's license and
						shall be renewed annually.