Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 99-G
Sale of privately held wines and liquors
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 7
§ 99-g. Sale of privately held wines and liquors. 1. (a) Any
nonlicensed person legally owning wine and/or liquor is authorized to
sell that wine and/or liquor to a licensed person or through a licensed
person to an individual or group of individuals by any lawful method of
sale or by means of an auction by a licensed person conducted pursuant
to this section. The licensee involved in such sale shall ensure that
each bottle of wine and/or liquor sold from a private collection has a
permanently affixed label stating that the wine and/or liquor were
acquired from a private collection.

(b) For purposes of this section, if wine is offered at an auction,
"licensed person" means any person licensed under section sixty-three or
seventy-nine of this chapter, if liquor is offered at an auction
"licensed person" means any person licensed under section sixty-three of
this chapter, and in any auction a "licensed person" shall have been so
licensed for a period of ten years or more.

2. (a) The liquor authority is hereby authorized to issue a wine and
liquor auction permit to a licensed person to conduct auctions of wines
and/or liquors. The wine and liquor auction permit shall be in addition
to any permit requirements imposed by local law, ordinance or resolution
by any municipality in which the auctioneer seeks to operate.

(b) A wine and liquor auction permit shall be issued for a calendar
year. A wine and liquor auction permit shall allow the holder to conduct
twenty-four auctions of wine and/or liquor during the period the wine
and liquor auction permit shall be in effect.

(c) The fee therefor shall be thirty-two hundred dollars for each year
or part thereof.

(d) The permit shall be in the form prescribed by the authority.

3. A person owning, controlling or possessing wines and/or liquors may
ship the wines and/or liquors from within or without New York state to a
wine and liquor auction permittee or licensee; provided that such
permittee or licensee shall ensure that each bottle is labelled in
accordance with the provisions of paragraph (a) of subdivision one of
this section. Although the wines and/or liquors to be offered at auction
may not be owned by a wine and liquor auction permittee, upon receipt of
the wines and/or liquors the permittee shall be responsible for the
storage and warehousing of the wines and/or liquors, as well as be
responsible for the delivery of the wines and/or liquors to the
purchasers at auction and shall be responsible for the payment of all
applicable state and local taxes.

4. Notwithstanding any other provision of this chapter, any person
authorized to sell wine at wholesale or retail may purchase any wine
offered at an auction conducted pursuant to this section and may resell
any wine so purchased in accordance with the terms of his or her
license, and any person authorized to sell liquor at wholesale or retail
may purchase any liquor offered at an auction conducted pursuant to this
section and may resell any liquor so purchased in accordance with the
terms of his license; provided that such licensee shall ensure that each
bottle is labelled in accordance with the provisions of paragraph (a) of
subdivision one of this section.

5. A wine and liquor auction permittee shall be permitted to hold wine
tastings at an auction at which wine is offered, and to hold liquor
tastings at an auction at which liquor is offered, on the premises of
any location approved by the authority for conducting an auction.

6. A wine and liquor auction permittee shall be subject to all
restrictions, regulations, and provisions heretofore set forth in the
appropriate sections of this chapter governing the sale of wine or
liquor for off-premises consumption, provided those provisions are not
inconsistent with the provisions created pursuant to this section.

7. (a) Wine tastings which are conducted under this auspices of an
official agent of a farm winery, winery, wholesaler or importer and
where such agent is physically present at all times during the conduct
of the tasting, then, in that event, any liability stemming from a right
of action resulting from a wine tasting as authorized herein, and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the farm winery, winery,
wholesaler, importer, or licensee.

(b) Liquor tastings which are conducted under the auspices of an
official agent of a distiller, wholesaler or importer and where such
agent is physically present at all times during the conduct of the
tasting, then, in that event, any liability stemming from a right of
action resulting from a liquor tasting as authorized herein, and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the distiller, wholesaler,
importer, or licensee.

8. The authority shall adopt any rules consistent with and in
furtherance of the implementation of this section.