N.Y. Comp. Codes R. & Regs. tit. 9 § 68.2

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

Section 68.2 - Alcoholic beverage delivery invoices required

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 68.2

Amended New York State Register August 14, 2019/Volume XLI, Issue 33, eff. 8/14/2019