N.Y. Comp. Codes R. & Regs. tit. 9 § 84.2

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

Section 84.2 - Sales permitted

(a) Nothing herein contained, however, shall prohibit a retail licensee from selling any alcoholic beverage which was in the possession of such retailer prior to May 8, 1963, provided the alcoholic beverage is labelled in accordance with the Federal Alcohol Administration Act regulations.

(b) Where a standard label, i.e., a brand label not owned and sold exclusively by one retailer is registered and approved by the Authority pursuant to this Part and is thereafter discontinued by a manufacturer or wholesaler, any retailer who has purchased or has in his possession any alcoholic beverages bearing such brand label shall not be precluded from thereafter selling such alcoholic beverages by reason of such discontinuance.

(c) Where a private brand label owned and sold exclusively by one retailer and registered by such retailer is thereafter discontinued, such retailer may continue to sell any alcoholic beverages in his possession bearing such brand label at the time the label is discontinued. Such retailer may not, however, receive any further deliveries of such alcoholic beverages except by permission of the Authority in writing and shall not place any further orders for any alcoholic beverages bearing such label for a period of at least two years from the date of such discontinuance and then only provided such brand label has been registered with and approved by the Authority.

(d) Where pursuant to the terms and conditions of a liquidator's permit or other permit issued pursuant to section 99-b of the Alcoholic Beverage Control Law, a licensee acquires a stock of alcoholic beverages, the brand labels on the inventory of alcoholic beverages so acquired shall, for the purpose of this Part only, be deemed to have been registered with and approved by the Authority, provided they conform with the Federal Alcohol Administration Act regulations, and may thereafter be sold by the purchaser.

(e) The privilege granted in subdivisions (a), (b), (c) and (d) of this section is subject in all instances to such transactions being otherwise in conformance with the provisions of the Alcoholic Beverage Control Law and the rules and regulations of the Authority.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 84.2