§ 99-G — Sale of privately held wines and liquors

New York § 99-G

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 7: Special Permits

Text

§ 99-g. Sale of privately held wines and liquors. 1. (a) Any\nnonlicensed person legally owning wine and/or liquor is authorized to\nsell that wine and/or liquor to a licensed person or through a licensed\nperson to an individual or group of individuals by any lawful method of\nsale or by means of an auction by a licensed person conducted pursuant\nto this section. The licensee involved in such sale shall ensure that\neach bottle of wine and/or liquor sold from a private collection has a\npermanently affixed label stating that the wine and/or liquor were\nacquired from a private collection.\n (b) For purposes of this section, if wine is offered at an auction,\n"licensed person" means any person licensed under section sixty-three or\nseventy-nine of this chapter, if liquor is offered at an auction\n"licensed person" means any person licensed under section sixty-three of\nthis chapter, and in any auction a "licensed person" shall have been so\nlicensed for a period of ten years or more.\n 2. (a) The liquor authority is hereby authorized to issue a wine and\nliquor auction permit to a licensed person to conduct auctions of wines\nand/or liquors. The wine and liquor auction permit shall be in addition\nto any permit requirements imposed by local law, ordinance or resolution\nby any municipality in which the auctioneer seeks to operate.\n (b) A wine and liquor auction permit shall be issued for a calendar\nyear. A wine and liquor auction permit shall allow the holder to conduct\ntwenty-four auctions of wine and/or liquor during the period the wine\nand liquor auction permit shall be in effect.\n (c) The fee therefor shall be thirty-two hundred dollars for each year\nor part thereof.\n (d) The permit shall be in the form prescribed by the authority.\n 3. A person owning, controlling or possessing wines and/or liquors may\nship the wines and/or liquors from within or without New York state to a\nwine and liquor auction permittee or licensee; provided that such\npermittee or licensee shall ensure that each bottle is labelled in\naccordance with the provisions of paragraph (a) of subdivision one of\nthis section. Although the wines and/or liquors to be offered at auction\nmay not be owned by a wine and liquor auction permittee, upon receipt of\nthe wines and/or liquors the permittee shall be responsible for the\nstorage and warehousing of the wines and/or liquors, as well as be\nresponsible for the delivery of the wines and/or liquors to the\npurchasers at auction and shall be responsible for the payment of all\napplicable state and local taxes.\n 4. Notwithstanding any other provision of this chapter, any person\nauthorized to sell wine at wholesale or retail may purchase any wine\noffered at an auction conducted pursuant to this section and may resell\nany wine so purchased in accordance with the terms of his or her\nlicense, and any person authorized to sell liquor at wholesale or retail\nmay purchase any liquor offered at an auction conducted pursuant to this\nsection and may resell any liquor so purchased in accordance with the\nterms of his license; provided that such licensee shall ensure that each\nbottle is labelled in accordance with the provisions of paragraph (a) of\nsubdivision one of this section.\n 5. A wine and liquor auction permittee shall be permitted to hold wine\ntastings at an auction at which wine is offered, and to hold liquor\ntastings at an auction at which liquor is offered, on the premises of\nany location approved by the authority for conducting an auction.\n 6. A wine and liquor auction permittee shall be subject to all\nrestrictions, regulations, and provisions heretofore set forth in the\nappropriate sections of this chapter governing the sale of wine or\nliquor for off-premises consumption, provided those provisions are not\ninconsistent with the provisions created pursuant to this section.\n 7. (a) Wine tastings which are conducted under this auspices of an\nofficial agent of a farm winery, winery, wholesaler or importer and\nwhere such agent is physically present at all times during the conduct\nof the tasting, then, in that event, any liability stemming from a right\nof action resulting from a wine tasting as authorized herein, and in\naccordance with the provisions of sections 11-100 and 11-101 of the\ngeneral obligations law, shall accrue to the farm winery, winery,\nwholesaler, importer, or licensee.\n (b) Liquor tastings which are conducted under the auspices of an\nofficial agent of a distiller, wholesaler or importer and where such\nagent is physically present at all times during the conduct of the\ntasting, then, in that event, any liability stemming from a right of\naction resulting from a liquor tasting as authorized herein, and in\naccordance with the provisions of sections 11-100 and 11-101 of the\ngeneral obligations law, shall accrue to the distiller, wholesaler,\nimporter, or licensee.\n 8. The authority shall adopt any rules consistent with and in\nfurtherance of the implementation of this section.\n