Title 9 Part 68

This Part applies to all retail licensees authorized to sell alcoholic beverages at retail and to all manufacturers and wholesalers who sell and deliver alcoholic beverages to any such retailers. Hotel off-premises permittees are subject to the provisions of section 101-aa. Wherever the term manufacturer or wholesaler is used herein, it shall be deemed to refer to a manufacturer or wholesaler who makes any sale or delivery of alcoholic beverages to retail licensees.

Each manufacturer or wholesaler that sells alcoholic beverages to retail licensees may allow any retail licensee to opt to receive notices and information via electronic mail including, but not limited to, delinquent (C.O.D.) list notifications. Any manufacturer or wholesaler who opts to allow retailers to receive electronic mail notifications shall for each retailer that opts to receive email notifications:

Unless payment for all alcoholic beverages purchased by a retail licensee during a particular credit period is made on or before the appropriate final payment date, such retailer shall be deemed to be in default. Where payment is made by mail, the remittance must be mailed on or before the final payment date. Where such payment is received by the wholesaler subsequent to the final payment date and the envelope containing the remittance is postmarked not later than the business day immediately following the final payment date, the retailer shall not be deemed in default. In such instances the wholesaler shall retain the envelopes for a period of one year.

Subsequent to having been reported as delinquent by a manufacturer or wholesaler via the authority’s Online Delinquent Management System, no retail licensee shall purchase or accept any delivery of alcoholic beverages except for cash until such time as he or she has received a release in writing from the authority or his or her name is removed from the delinquent list. No wholesaler or manufacturer shall make any sale or delivery, except for cash, to any retailer whose name is on the delinquent list unless the retailer evidences a release in writing from the authority.

The authority shall publish the delinquent (C.O.D.) list online via the Online Delinquent Management System and shall make same available to licensed manufacturers, wholesalers and retailers. Any appearance of a retail licensee on the delinquent (C.O.D.) list shall constitute notice to all manufacturers and wholesalers of that retailer’s delinquent status.

Unless otherwise prescribed by the authority, where, in connection with a transfer or sale of a licensed business, the authority issues a license to the purchaser, who assumes the debts of a seller who is on the delinquent list, the purchaser shall not purchase alcoholic beverages except for cash and his name shall be published on the delinquent list.

The authority may grant a release from the delinquent (C.O.D.) list to any retail licensee who has received a notice of default or is named on the delinquent (C.O.D.) list on good cause shown to it and after investigation of the facts.