9 NYCRR Part 99 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source version current through Jul 31, 2022

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 99.1 - Declaration

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)The authority recognizes that responsible advertising of alcoholic beverages by licensees constitutes a proper medium of information to the general public. Advertising which is deceptive or misleading to the consumer or general public is contrary to the public interest and is not conducive to the proper regulation and control of the traffic in alcoholic beverages.

(1)Advertisements of any kind which tend to promote the belief that groups of package stores are being operated as a liquor store chain or are jointly owned or operated are misleading and deceptive.

(2)It is the considered judgment of the authority that, in the absence of appropriate notification to the public, joint or group advertisements listing the names and addresses of multiple licensees and containing a common symbol or name, and related practices involving the use of such common symbol or name, may (i) create the impression that the licensees are a chain enterprise or are jointly owned, operated or controlled, (ii) tend to deceive the consumer, and (iii) constitute misleading and deceptive advertising and offering of alcoholic beverages.

(b)Advertisements that certain products are on sale or represent special values tend also to be misleading or deceptive, particularly in light of statutory provisions which prohibit the sale of liquor and wine below legally established prices. Advertisements purporting to set forth the suggested retail price or list price, or the true or actual value of a product, similarly tend to mislead or deceive the consumer, particularly insofar as they may create an impression that a product is on sale at a new low price when in fact the price has not been reduced by the licensee.

(c)To eliminate such deceptive or misleading advertising and related practices, which contravene the provisions, intent and purpose of the Alcoholic Beverage Control Law and the policy of this State, and which deceive or tend to deceive the consumer and general public, the authority has adopted this Part.

9 NYCRR 99.2 - Deceptive or misleading advertising

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

No retail package store licensee shall engage in any deceptive or misleading advertising, or cause or permit his name to appear in, or be used in conjunction with, any deceptive or misleading advertisement.

9 NYCRR 99.3 - Joint advertising

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Any one or more package store licensees may, jointly or singly, advertise alcoholic beverages in accordance with this Part. However, if such advertisement contains (a) the name, trade name, trademark, insignia, symbol or logotype of any unlicensed person, corporation, cooperative advertising group or business entity, or (b) any trade name, trademark, insignia, symbol or logotype not belonging exclusively to one participating package store licensee, then such advertisement shall also prominently feature, in bold print, the following statement:

“UNDER STATE LAW, ANY PACKAGE STORE IS ENTITLED TO BUY ANY ITEM OF LIQUOR OR WINE SHOWN IN THIS ADVERTISEMENT AT THE SAME PRICE PAID BY THE STORES LISTED IN THIS AD. UNDER STATE LAW, RETAILERS MAY NOT SELL LIQUOR OR WINE BELOW LEGALLY ESTABLISHED MINIMUM PRICES. THE LISTED STORES ARE INDEPENDENTLY OWNED AND OPERATED, THEY ARE NOT A CHAIN AND ARE NOT A COOPERATIVE BUYING GROUP.”

9 NYCRR 99.4 - Signs on licensed premises

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

No package store licensee shall display any sign on the exterior or in the interior of his licensed premises which contains or advertises (a) the name, trade name, trademark, insignia, symbol or logotype of any other retail licensee, or of any unlicensed person, corporation, cooperative advertising group or business entity, or (b) any trade name, trademark, insignia, symbol or logotype not belonging exclusively to such licensee, unless there is prominently posted, at or near each checkout counter or cash register, a sign containing the following statement:

“NOTICE TO CONSUMERS UNDER STATE LAW, ANY PACKAGE STORE IS ENTITLED TO BUY ANY STANDARD BRAND OF LIQUOR OR WINE AT THE SAME PRICE PAID BY THIS PACKAGE STORE. UNDER STATE LAW, RETAILERS MAY NOT SELL LIQUOR OR WINE BELOW LEGALLY ESTABLISHED MINIMUM PRICES. THIS STORE IS INDEPENDENTLY OWNED AND OPERATED. IT IS NOT PART OF ANY CHAIN OR COOPERATIVE BUYING GROUP.”

9 NYCRR 99.5 - Quality and identity of product

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)No package store licensee shall advertise any product unless such advertisement affords the consumer adequate information as to the quality and identity of such product.

(b)An advertisement for distilled spirits shall be deemed to afford the consumer adequate information as to the quality and identity of such product if it sets forth the brand name and fluid content thereof. In the event the brand label thereof is privately owned by such licensee, such advertisement may contain, in lieu of the brand name, a statement to the effect that such product is a private label or sold exclusively by such licensee.

(c)An advertisement for wine shall be deemed to afford the consumer adequate information as to the quality and identity of the product if it sets forth the brand name, type and fluid content of such wine, and, if such wine is imported, the country of origin. In the event the brand label thereof is privately owned by such licensee, such advertisement may contain, in lieu of the brand name, a statement to the effect that such product is a private label or sold exclusively by such licensee.

9 NYCRR 99.6 - Price advertising, sales

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

(a)No package store licensee shall cause or permit to appear in any advertisement, or on the exterior or in the interior of his licensed premises, any statement of the price, approximate or otherwise, at which a product has been formerly sold, or which is represented to be the suggested retail price, list price, or true or actual value of such product, if any such price differs from the actual retail price then currently charged for such product by such licensee, or any statement setting forth or suggesting the dollar amount or percentage by which the price then currently charged for such product by such licensee is less than any such former suggested retail price, list price,or true or actual value.

(b)No package store licensee shall cause or permit to appear in any advertisement, or on the exterior or in the interior of his licensed premises, any statement representing a product as being on saleor special, or words to such effect, unless such product is then being offered for sale by such licensee at a price which is lower than the lowest price charged for such product by such licensee at any time during either of the two immediately preceding calendar months.

(c)Nothing contained in subdivisions (a) and (b) of this section shall be construed as requirng or permitting any licensee to sell or advertise any product in violation of sections 101-bb or 101-bbb of the Alcoholic Beverage Control Law.

9 NYCRR 99.7 - Advertisement defined

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

As used in this Part, the terms advertise and advertisement shall mean any advertising of alcoholic beverages through the medium of radio broadcast, television broadcast, newspapers, periodicals or other publications, outdoor advertisement, or any other printed or graphic matter, including booklets, flyers or cards.

9 NYCRR 99.8 - Use of brand names in advertisements

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

Nothing contained in this Part shall be deemed to preclude any licensee from including in any advertisement the name or picture of any product which is brand label registered pursuant to section 107-a of the Alcoholic Beverage Control Law and which is then being offered for sale by such licensee.

9 NYCRR 99.9 - Waivers

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022

For good cause shown to its satisfaction, the authority may grant waivers to licensees adversely affected by this Part, under such terms and conditions as the authority deems appropriate.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.