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Wholesale Laws for New York

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Last Updated: Feb. 6, 2020

Summary

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:

Supplier Licensing

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:

Product Registration

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:

Franchise "Monopoly Protection" Law

Franchise Law:  No

Exclusive Territories:  Not Required

New York does not have a franchise law for wine.

Supplier Reporting Requirements

Required:  No

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

Sales Representative Licensing

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:

Self-Distribution

Allowed:  No

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

Trade Practice Advisories

New York State Liquor Authority
Division of Alcohol Beverage Control
80 S. Swan Street 9th Floor
Albany , NY 12210
Phone: (518) 474-3114

 

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This information is intended for winegrower licensees only. All information above is provided as an informational aid and is not legal advice. Data may be out-of-date or incomplete. Please consult a lawyer before taking any action.