N.Y. Comp. Codes R. & Regs. tit. 9 § 68.7

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

Section 68.7 - Notification to Liquor Authority

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 68.7

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