New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 65
Executive Department
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13 sections
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9 NYCRR 65.1 - Prohibited sales and purchases
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Except with the written permission of the Liquor Authority first obtained:
(1)No brand of liquor or wine shall be sold to or purchased by any wholesaler for resale in this State, irrespective of the place of sale or delivery, unless a price schedule is filed with the Liquor Authority and is then in effect and the sale or purchase is made in conformance with the terms and conditions thereof.
(2)No manufacturer or wholesaler shall sell any brand of liquor or wine to a retailer nor shall any retailer purchase any brand of liquor or wine from a manufacturer or wholesaler unless a schedule of prices to retailers has been filed with the Liquor Authority by the seller and is then in effect and the sale and purchase is made in conformance with the terms and conditions of such schedule.
(3)No sale of any item of liquor listed in a schedule of prices shall be made unless an appropriate affirmation as provided for in subdivision 3(d) and 3(e) of section 101-b [Alcoholic Beverage Control Law] has been filed with the Liquor Authority with respect to such item.
(b)Nothing contained in this section, however, shall require any manufacturer or wholesaler to list in any schedule filed under this Part, any item offered for sale to a retailer under a brand name owned exclusively by such retailer and sold within the State exclusively by such retailer; or to prevent any brand owner from purchasing or receiving liquor or wine under such brand even though a schedule of prices to wholesalers is not then in effect, provided such brand owner does not offer for sale or sell such brand for resale in this State unless and until an appropriate schedule of prices is in effect and the sale is made in conformance with the terms and conditions of such schedule.
9 NYCRR 65.2 - Filing of schedules
Source version current through Jul 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-34-15-00029-A · Adopted rule
- Related notice published
- Jan 13, 2016
- Related notice effective date
- Jan 13, 2016
(a)Each schedule filed under this section shall identify the filer by name, address and license number and set forth such information as is required by subdivision 3(a) or 3(b) of section 101-b of the Alcoholic Beverage Control Law, whichever is appropriate. In addition, the brand label registration number of each brand of liquor or wine listed therein shall also be designated.
(b)Where a schedule of prices to wholesalers is filed by the brand owner, the listing of items of brands owned by the filer should be preceded by the words “as brand owner”. Where filed as agent the listing of items should be preceded by the words “as agent” followed by identification of the brand owner.
(c)In schedules of prices to retailers the listing of brands owned by the filer should be preceded by the words “as brand owner”; the listing of brands for which the filer is the brand agent should be preceded by the words “as agent”; and where the filer is neither the brand owner nor brand agent the listing should be preceded by the name of the licensee who registers the brand label.
(d)Where a manufacturer or wholesaler holds more than one license, a separate schedule of prices to retailers shall be filed by such licensee for each licensed premises.
(e)There shall be filed with the State Liquor Authority's website a copy of each schedule of prices to wholesalers and each schedule of prices to retailers on a form and in a manner as designated by the authority.
(f)Schedules of prices to wholesalers and the applicable affirmation shall be filed on or before the 25th day of each month and shall become effective on the first day of the second succeeding calendar month, unless otherwise ordered by the authority. When the 25th day of the month falls on a Saturday, Sunday or legal holiday, such schedules and affirmation shall be filed on the following business day.
(g)Schedules of prices to retailers shall be filed on or before the fifth calendar day of each month unless otherwise ordered by the Liquor Authority. When the fifth day of the month falls on a Saturday, Sunday or legal holiday, such schedules shall be filed on the following business day.
(h)Amended schedules of prices to retailers shall be filed on a form and in a manner as designated by the authority no later than the 20th day of the month prior to the effective date of the schedule being amended. When the 20th day of the month falls on a Saturday, Sunday or legal holiday, such amended schedule may be filed on the following business day.
(i)The schedules filed each month which contain a listing of all brands of liquor and wine which are to be sold shall be known as master schedules. The Liquor Authority may permit or require the filing of short form schedules for any particular month in place of the master schedule. Short form schedules shall show all new items, price changes, or items discontinued since the last filing of a master schedule. All schedules shall contain such statements as the Liquor Authority may permit or require.
9 NYCRR 65.3 - Restrictions on filing of schedules
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Except with the written permission of the authority first obtained:
(a)Only brands of liquor or wine for which approved brand label registrations are in effect or for which applications for brand label registrations have been duly filed shall be included in any price schedule.
(b)No brand of liquor or wine shall be listed in more than one schedule of prices to wholesalers.
(c)Except as provided for and as required by sections 65.4 and 65.5 of this Part, only one bottle and one case price may be listed for each item in any schedule of prices to wholesalers and to retailers. Items which are offered in more than one type of container may be registered separately and may then be deemed different items and each separately registered container may then be price-scheduled at a different price.
9 NYCRR 65.4 - Earlier source heading: Prices to retailers
Related State Register notice: Adopted rule LQR-26-22-00001-A. Published Nov 30, 2022. Notice effective date: Nov 30, 2022.
Source version current through Nov 30, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 30, 2022
- Related Register notice
- LQR-26-22-00001-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
Current section text is not available here.
9 NYCRR 65.5 - Prices to wholesalers
Source version current through Jul 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-35-17-00002-A · Adopted rule
- Related notice published
- Jan 24, 2018
- Related notice effective date
- Jan 24, 2018
(a)The prices of liquor to wholesalers must be scheduled by the following methods for designated points of shipment. If the brand owner or brand agent ships from more than one point-of-shipment to any wholesaler anywhere in any state of the United States or in the District of Columbia, or to any state (or state agency) then the points-of-shipment most economical to the New York wholesaler must be scheduled.
(1)F.O.B. United States of America point-of-shipment designated which shall include Federal customs duties, internal revenue taxes, New York State excise taxes and all charges up to the point-of-shipment designated.
(2)F.O.B. United States of America point-of-shipment designated which shall include all Federal customs duties, internal revenue taxes and all charges up to the point-of-shipment designated if sales to any wholesaler in any other state, or to any state (or state agency) are made on this basis.
(3)In bond f.o.b. United States of America point-of-shipment designated if sales to any wholesaler in any other state, or to any state (or state agency) are made on this basis.
(4)In bond f.o.b. foreign point-of-shipment designated (direct import) if sales to any wholesaler in any other state, or to any state (or state agency) are made on this basis.
(5)F.O.B. foreign point-of-shipment designated which shall include all Federal customs duties, internal revenue taxes and all charges up to the point-of-shipment designated if sales to any wholesaler in any other state, or to any state (or state agency) are made on this basis.
(b)Where any schedule of liquor prices to wholesalers reflects a reduction or increase in the bottle or case price filed pursuant to subdivision (a)(1) of this section for any item set forth therein from the bottle or case price of such item theretofore in effect, then the schedules of liquor prices to retailers shall reflect, in the event of a decrease at least a like reduction in per centum in the bottle and case price of such item set forth therein, and in the event of an increase, not more than a like increase in per centum in the bottle and case price of such item set forth therein.
(c)The prices of wine to wholesalers may be scheduled by the following methods:
(1)F.O.B. United States of America point-of-shipment designated which shall include all Federal customs duties, internal revenue taxes, New York State excise taxes and all charges up to the point-of-shipment designated.
(2)F.O.B. United States of America point-of-shipment designated which shall include all Federal customs duties, internal revenue taxes and all charges up to the point-of-shipment designated.
(3)In bond f.o.b. United States of American point-of-shipment designated.
(4)In bond f.o.b. foreign point-of-shipment designated (direct import).
(5)F.O.B. foreign point-of-shipment which shall include all Federal customs duties, internal revenue taxes and all charges up to the point-of-shipment designated.
(6)A price which shall include Federal customs duties, internal revenue taxes, State excise taxes and cost of delivery to the wholesaler. No charge shall be made in addition thereto except where the manufacturer or wholesaler lists in his schedule of wine prices to wholesalers the counties in which no charge for delivery will be made, in which event the actual cost of delivery in all other counties shall be charged to the wholesalers in addition to the price set forth on the schedule.
(7)A price which shall conform to the same terms and conditions set forth in paragraph (6) of this subdivision except exclusive of Federal customs duties, internal revenue taxes and State excise taxes.
(8)A price which shall conform to the same terms and conditions set forth in paragraph (6) of this subdivision except exclusive of State excise taxes.
(d)Wine prices to wholesalers may not be scheduled by any other method except with the approval of the authority first obtained.
9 NYCRR 65.6 - Price paid by seller
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The net bottle and case price paid by the seller shall mean the last case price paid by the seller in United States currency after deducting all discounts reflected in the invoice.
(b)It shall not apply to the following:
(1)To wine items listed in a schedule.
(2)To any item where the manufacturer is the seller.
(c)In instances where the schedule is filed by a brand owner who is not the manufacturer of the item listed, the price paid by the seller may be designated under any one of the following options: the actual price paid, the landed cost or the unit production cost.
9 NYCRR 65.7 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule LQR-33-17-00009-A. Published Nov 15, 2017. Notice effective date: Nov 15, 2017.
Source version current through Jul 31, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-33-17-00009-A · Adopted rule
- Related notice published
- Nov 15, 2017
- Related notice effective date
- Nov 15, 2017
Current section text is not available here.
9 NYCRR 65.8 - Restricted sales
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
No licensee shall refuse to sell any brand of liquor or wine at the scheduled price provided the purchaser pays cash therefor, except as herein provided:
(a)A schedule of prices to wholesalers, may limit the distribution or resale of a brand to wholesalers by filing with the Liquor Authority the names, addresses and license numbers of such wholesalers. Such list shall be filed each month, together with the schedule of prices, and no name shall be added thereto or removed therefrom after filing, except with the approval of the Liquor Authority.
(b)Only those wholesalers listed pursuant to subdivision (a) of this section may schedule the price to retailers for such brand, except that when it is not inconsistent with the purpose of section 101-b [Alcoholic Beverage Control Law], the Liquor Authority may authorize any other wholesaler to schedule a price after furnishing the quantity, source of purchase and any other information it may require.
(c)When distribution or resale of a brand has been restricted pursuant to subdivision (a) of this section, such brand shall not be sold to or purchased by any wholesalers who are not listed in accordance with subdivision (a).
(d)For good cause shown to the satisfaction of the Authority, permission may be granted for the filing of schedules limiting the distribution or resale of a brand to retailers.
(e)Manufacturers and wholesalers may not require or compel retailers to purchase other brands in order to be able to buy a particular brand.
9 NYCRR 65.9 - Returns
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
No merchandise shall be accepted for return from a retailer except pursuant to a court order, or with approval by the Liquor Authority, for good cause shown.
9 NYCRR 65.10 - Deliveries
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Any brand of liquor or wine sold to retailers must be shipped to and received by the retailer in the month for which the scheduled price set forth on the invoice is in effect.
(b)No manufacturer or wholesaler may take an order from a retailer for delivery in a subsequent month except that on or after the 25th day of the month prior to the effective date of the schedule, orders may be taken for delivery in the following month at the price in effect for such following month.
(c)No wholesaler shall order for delivery in a subsequent month except that orders may be placed on or after the first day of the month prior to the effective date of the schedule, for delivery on and after the 25th day of such month at prices set forth in such schedule.
(d)Where for any reason delivery cannot be effected in accordance with this section, the authority for good cause shown and for reasons not inconsistent with the purpose of section 101-b [Alcoholic Beverage Control Law], may authorize delivery other than as set forth in this section.
9 NYCRR 65.11 - Breakage
Source version current through Jul 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-35-17-00002-A · Adopted rule
- Related notice published
- Jan 24, 2018
- Related notice effective date
- Jan 24, 2018
As part of its regular books and records, each manufacturer and wholesaler licensed to sell liquor or wine shall keep a monthly record of all allowances for breakage containing the name, address and license number of the customer, the amount of breakage allowance, the date and number of the invoice of sale.
9 NYCRR 65.12 - Discounts
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The granting of any discount under section 101-b [Alcoholic Beverage Control Law] is optional with the seller, but when given must not exceed the maximum fixed in such section.
(b)Time discounts.
A discount of less than one percent for payment on or before 10 days from the date of shipment may be given, but the period of time within which payment must be made in order to obtain the discount may not be reduced to less than 10 days.
(c)Quantity discounts.
A quantity discount may be granted only for quantities of two or more. If a price is listed for bottles only, then a quantity discount may be allowed on quantities of two or more bottles. If a price is listed for bottles and cases, then a quantity discount may be allowed on quantities of two or more cases only. Quantity discounts may be graduated, but may not exceed the maximum fixed in section 101-b [Alcoholic Beverage Control Law]. A quantity discount may be granted only for a quantity of the same brand and type of liquor or wine of the same or different sizes of containers.
9 NYCRR 65.13 - Failure to comply with Part 65
Source version current through Jul 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Where for any reason any section hereof is not complied with, the Liquor Authority for good cause shown and for reasons not inconsistent with the purpose of the Alcoholic Beverage Control Law may authorize the sale or purchase of any item or brand subject to such conditions as it may impose.