N.Y. Comp. Codes R. & Regs. tit. 9 § 65.4

Current through Register Vol. 46, No. 17, April 24, 2024

Section 65.4 - Prices to retailers

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 65.4

Amended New York State Register November 30, 2022/Volume XLIV, Issue 48, eff. 11/30/2022