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 65 - Unlawful Discrimination And Price Scheduling › Section 65.4 - Prices to retailers

Current through Register Vol. 46, No. 28, July 10, 2024
(Alcoholic Beverage Control Law, § 101-b)
(a) The price to retailers, except retailers
					 operating railroad cars, shall include federal customs duties, internal revenue
					 taxes, State taxes and fees and cost of delivery to the retailer. The price to
					 retailers operating railroad cars may be scheduled at a price "ex State taxes
					 and fees", but shall include all of the other taxes and costs computed in
					 prices to other retailers. No charge shall be made in addition thereto, except
					 where a wholesaler lists in his schedule those counties in which no charge for
					 delivery will be made, in all other counties the actual cost of delivery shall
					 be charged to the retailer in addition to the price set forth in the schedule
					 and shall be so indicated on the invoice.
(b) A delivery charge may be made for certain
					 brands and not for other brands, provided it is so indicated on the schedule of
					 prices to retailers.
(c) All sales
					 to airline company retail licensees shall be at price schedule prices, except
					 "in bond" sales to aircraft companies holding permits under section
					 99-b.
(d) The bottle or case price
					 of an item of liquor or wine listed in a schedule of liquor or wine prices to
					 retailers shall not be changed from the price theretofore listed in the prior
					 schedule of liquor or wine prices to retailers except insofar as such change
					 may be required or permitted pursuant to the provisions of 3(b) of section
					 101-b (Alcoholic Beverage Control Law), or after prior permission of the
					 authority for good cause shown and for reasons not inconsistent with the
					 purpose of section 101-b.
(e) Split
					 Case Fees: In accordance with the anti-discrimination provisions of section
					 101-b(2) (Alcoholic Beverage Control Law), for each item of liquor or wine
					 listed in the schedule of prices to retailers, prices shall be posted for (i)
					 the price of a case and (ii) the price of a bottle. For purchases involving
					 less than a case, a split case fee may be added to the price of each bottle,
					 but in an amount that would total no more than $7.39 per case. For example,
					 where a case with 12 bottles has a price of $120 ($10 per bottle), the maximum
					 price for each bottle, rounding to the nearest cent, would be $10.62: $127.39
					 divided by 12. For a 24 bottle case with a price of $240, the maximum price for
					 each bottle would be $10.31: $247.39 divided by 24. In the schedule of prices
					 to retailers posted pursuant to the provision of 3(b) of section 101-b
					 (Alcoholic Beverage Control Law), the listing for the price of a bottle shall
					 include the split case fee for each bottle. In the examples above, the posted
					 price of a bottle would be $10.62 or $10.31 respectively, not $10.