Section 79-D. Direct intrastate wine shipments  


Latest version.
  • Any person having applied
      for and received a license as a winery or  farm  winery  under  sections
      seventy-six,  seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d
      and seventy-six-f of this article may ship no more than thirty-six cases
      (no more than nine liters per case) of wine produced by such winery  for
      farm  winery  per  year  directly to a New York state resident who is at
      least twenty-one years of age, for such resident's personal use and  not
      for resale.
        1. Licensee's shipping responsibilities. Notwithstanding any provision
      to  the  contrary contained in this chapter, any above referred licensee
      shall:
        (a) in the case of a farm winery licensee or a winery  licensee,  ship
      no  more  than  thirty-six  cases (no more than nine liters) per year of
      wine produced by such license  holder  directly  to  a  New  York  state
      resident  who  is  at least twenty-one years of age, for such resident's
      personal use and not for resale;
        (b) ensure that the outside of each shipping container  used  to  ship
      wine directly to a New York state resident is conspicuously labeled with
      the words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
      FOR  DELIVERY,"  or with other language specifically approved by the New
      York state liquor authority;
        (c) report to the authority annually, in such manner and form  as  the
      authority  may  direct the total amount of wine shipped in the state the
      preceding calendar year, the names and addresses of  the  purchasers  to
      whom  the  wine  was shipped, the date purchased, the name of the common
      carrier used to deliver the wine, and the quantity  and  value  of  each
      shipment;
        (d)  in  connection  with the acceptance of an order for a delivery of
      wine to a  New  York  resident,  require  the  prospective  customer  to
      represent  that  he  or  she has attained the age of twenty-one years or
      more and that the wine being purchased will not be resold or  introduced
      into commerce; and
        (e) require common carriers to:
        (i)  require  a  recipient, at the delivery address, upon delivery, to
      demonstrate that the recipient is at least twenty-one years  of  age  by
      providing  a  valid  form  of  photographic identification authorized by
      section sixty-five-b of this chapter;
        (ii) require a recipient to sign an electronic or paper form or  other
      acknowledgment of receipt as approved by the authority; and
        (iii)  refuse delivery when the proposed recipient appears to be under
      twenty-one years of age and refuses to present valid  identification  as
      required by paragraph (a) of this subdivision.
        2.  Violations.  In  any action brought under this section, the common
      carrier and the licensee shall only be held liable for their independent
      acts.