§ 79-D — Direct intrastate wine shipments

§ 79-d. Direct intrastate wine shipments. Any person having applied\nfor and received a license as a winery or farm winery under sections\nseventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d\nand seventy-six-f of this article may ship no more than thirty-six cases\n(no more than nine liters per case) of wine produced by such winery or\nfarm winery per year directly to a New York state resident who is at\nleast twenty-one years of age, for such resident's personal use and not\nfor resale.\n 1. Licensee's shipping responsibilities. Notwithstanding any provision\nto the contrary contained in this chapter, any above referred licensee:\n (a) shall in the case of a farm winery licensee or a winery licensee,\nship no more than thirty-six cases (no more than nine liters) per year\nof wine produced by such license holder directly to a New York state\nresident who is at least twenty-one years of age, for such resident's\npersonal use and not for resale;\n (b) may ship within the same packaging any and all alcoholic beverages\nit lawfully produces and which it sells in accordance with its shipping\nprivileges and responsibilities pursuant to the provisions of this\nsection and sections thirty-six, fifty-nine-c, and sixty-nine of this\nchapter, as applicable;\n (c) shall ensure that the outside of each shipping container used to\nship wine directly to a New York state resident is conspicuously labeled\nwith the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE\n21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other\nlanguage specifically approved by the New York state liquor authority;\n (d) shall maintain records in such manner and form as the authority\nmay direct showing the total amount of wine shipped in the state each\ncalendar year, the names and addresses of the purchasers to whom the\nwine was shipped, the date purchased, the name of the common carrier\nused to deliver the wine, and the quantity and value of each shipment.\nSuch records shall be kept for three years and, upon written request, be\nprovided to the authority or the department of taxation and finance;\n (e) shall in connection with the acceptance of an order for a delivery\nof wine to a New York resident, require the prospective customer to\nrepresent that he or she has attained the age of twenty-one years or\nmore and that the wine being purchased will not be resold or introduced\ninto commerce; and\n (f) shall require common carriers to:\n (i) require a recipient, at the delivery address, upon delivery, to\ndemonstrate that the recipient is at least twenty-one years of age by\nproviding a valid form of photographic identification authorized by\nsection sixty-five-b of this chapter;\n (ii) require a recipient to sign an electronic or paper form or other\nacknowledgment of receipt as approved by the authority; and\n (iii) refuse delivery when the proposed recipient appears to be under\ntwenty-one years of age and refuses to present valid identification as\nrequired by paragraph (a) of this subdivision.\n 2. Violations. In any action brought under this section, the common\ncarrier and the licensee shall only be held liable for their independent\nacts.\n