N.Y. Comp. Codes R. & Regs. tit. 9 § 65.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 65.1 - Prohibited sales and purchases

(a) Except with the written permission of the Liquor Authority first obtained:

(1) No brand of liquor or wine shall be sold to or purchased by any wholesaler for resale in this State, irrespective of the place of sale or delivery, unless a price schedule is filed with the Liquor Authority and is then in effect and the sale or purchase is made in conformance with the terms and conditions thereof.

(2) No manufacturer or wholesaler shall sell any brand of liquor or wine to a retailer nor shall any retailer purchase any brand of liquor or wine from a manufacturer or wholesaler unless a schedule of prices to retailers has been filed with the Liquor Authority by the seller and is then in effect and the sale and purchase is made in conformance with the terms and conditions of such schedule.

(3) No sale of any item of liquor listed in a schedule of prices shall be made unless an appropriate affirmation as provided for in subdivision 3(d) and 3(e) of section 101-b [Alcoholic Beverage Control Law] has been filed with the Liquor Authority with respect to such item.

(b) Nothing contained in this section, however, shall require any manufacturer or wholesaler to list in any schedule filed under this Part, any item offered for sale to a retailer under a brand name owned exclusively by such retailer and sold within the State exclusively by such retailer; or to prevent any brand owner from purchasing or receiving liquor or wine under such brand even though a schedule of prices to wholesalers is not then in effect, provided such brand owner does not offer for sale or sell such brand for resale in this State unless and until an appropriate schedule of prices is in effect and the sale is made in conformance with the terms and conditions of such schedule.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 65.1