New York

The New York State Liquor Authority (SLA) regulates and controls the manufacture and distribution of alcoholic beverages in the State of New York.  The SLA is responsible for the timely processing of licenses, permits and brand label registrations. The Enforcement Unit and Office of Counsel are responsible for the protection of the public by working with local law enforcement agencies to bring administrative actions against licensees who violate the law. The Wholesale Bureau oversees the state’s monthly price posting system (manufacturer-> wholesaler; wholesaler -> retailer), and ensures that the laws and regulations affecting each segment of the liquor industry are enforced.

Laws & Rules:

• SLA Regulations
• ABC Law

Required:  Yes

Name:  Negotiator  Permit (one-time or three-year)

Fee: $36 one-time permit or $620 for three-years

New York’s Alcohol Beverage Law is different than most other states in that it does not provide for the issuance of a license to out-of-state suppliers.   Instead, out-of-state suppliers may apply for a wholesale wine or wholesale liquor which allows them to sell to wholesaler and retailers in the State of New York.  In order to qualify for a wholesale license the out-of-state supplier must meet the minimum office requirements stated in SLA Bulletin #254.

If an out-of-state supplier does not want to apply for a wholesale license or have an office in New York a second option is available.  The out-of-state supplier, including a California winery, can apply for a negotiator permit which authorizes the permittee to negotiate and consummate an agreement for the establishment of an operating agency relationship for the distribution in New York State of the out-of-state supplier’s products.

A negotiator permit does not allow the permittee to offer for sale, solicit or accept any orders for the sale of any alcoholic beverage product in NY.

Resources:

• Online Permit Applications
• SLA Marketing and Representative Permit Terms and Conditions
• Section 99(b)(1)(j) of the ABC Law (Miscellaneous Permits)
• Alcoholic Beverage Wholesale and Importer Licenses
• List of Fees for Wholesale and Importer Licenses
• Alcoholic Beverage Wholesale and Importer License Prerequisites & Requirements
• SLA Bulletin #254 Minimum Office Requirements for Out-of-State Wholesalers 

Required:  Only if wine is below 7%

Approval:  30 days

Price Posting:  Yes – all wine products

A wine brand label that has federal approval is deemed approved by the State Liquor Authority (SLA). Brand labels for wine under 7% alcohol content that do not require TTB approval must be registered and approved by the Authority.

If the brand owner is licensed under the ABCL, they must file the application for brand label registration approval. If the brand owner is not licensed in in the State of New York, an “appointment letter” must be submitted by the brand owner identifying the licensed wholesaler who is designated as the exclusive agent to file the application for brand label approval.

The exclusive agent or “master wholesaler” also files “supplier” pricing. Supplier/wholesaler pricing must be filed by the 25th of the month 2 months in advance.

Resources:

• Advisory #2021-24 Brand Label Registration guidance (Dated 10/5/21)
• Brand Label Registration Overview
• Advisory 2016-3: Brand Label Registration ate Wine Product/Wine Specialty/Low Alcohol Wine Label Registration Application
• Standard Wine Product/Wine Specialty/Low Alcohol Wine Brand Label Registration Application
• Price Posting Overview
• Access the Price Posting Management System
• Advisory #2018-3 Sealed, pre-wrapped packages

Franchise Law:  No

Exclusive Territories:  Not Required

New York does not have a franchise law for wine.

Required:  No

Suppliers are not required under NY law to file reports with the State Liquor Authority.

Available:  Yes

Fee:  $98

Expiration:  Dec. 31st of third year

A solicitor’s permit authorizes the permittee to offer for sale or to solicit orders for the sale of any alcoholic beverage only on behalf of the licensee whose name appears upon such permit. (Section 93 ABC Law)

Resources:

• Solicitor Permit Application
• Temporary Solicitor Permit Application
• Permit Types Overview
• Marketing and Representative Permits
• Marketing Permit Application and Guidance

Allowed:  No

There are no statutory or regulatory provisions allowing an out-of-state winery to self-distribute.

• 2019 TTB SLA Trade Compliance Seminar
• SLA Advisories
• SLA Declaratory Rulings
• Trade Practice Issues
• Advisory 2014-8: Gifts and Services Law: Guidance on “buy-back,” “bar spend,” private and promotional events conducted at retail establishments
• 9-CRR-NY 86.10 Advertising names of retailers