Section 101-AAA. Terms of sale; beer or wine products

1. As used in this
  section:
    a. "Credit period" means the following:
    (1) A period beginning on Thursday, January first, two  thousand  four
  and ending on Sunday, January eighteenth, two thousand four; and
    (2)  A  period beginning on the first Monday succeeding the concluding
  day of each prior period and ending  on  the  second  succeeding  Sunday
  thereafter.
    b.  "Payment  period"  means  the  period  ending  on  the twelfth day
  immediately following the last day of any credit period.
    c. "Final payment date" means the last day of a payment period.
    d. "Delinquent notice date" means the third business  day  immediately
  following a final payment date.
    e.   "Notification   date"  means  the  day  immediately  following  a
  delinquent notice date.
    f. "Retail licensee" means a person licensed pursuant to this  chapter
  who  purchases  beer  and/or  wine  products  for  resale  for on or off
  premises consumption, except a person licensed  to  sell  liquor  and/or
  wine for off premises consumption.
    g. "Cash" means and includes currency and coin of the United States of
  America, certified check, money order, bank officer's check or draft, or
  a  check  drawn  on  the  account  of the retail licensee payable to the
  manufacturer or wholesaler and dated no later than the date of  delivery
  of  the  alcoholic  beverages  and which is honored upon presentment for
  payment; provided, however,  that  if  any  check  or  other  instrument
  described  in  this  paragraph  tendered  by  a  retail  licensee on the
  delinquent list is not honored upon presentment for payment, the license
  of such retail licensee may be suspended for not more than fifteen  days
  for  the  first  offense,  and not more than sixty days for a subsequent
  offense, which penalty shall be in addition to the penalty provided  for
  by  the  provisions  of  sudivision  six  of  this section, and provided
  further, that nothing in this section shall require  a  manufacturer  or
  wholesaler  to  accept  a check tendered by or drawn on the account of a
  retail licensee  on  the  delinquent  list  unless  the  same  has  been
  certified.
    2.  No  manufacturer  or  wholesaler licensed under this chapter shall
  sell or deliver any beer or wine products to any retail licensee  except
  for  cash  to  be  paid  at  the  time of delivery or on terms requiring
  payment by such retail licensee for such beer or  wine  products  on  or
  before the final payment date of any credit period within which delivery
  is made.
    3.  Each  such  manufacturer  and  wholesaler  shall, on or before the
  respective delinquent notice date, give written notice  of  default,  by
  first  class mail, to all such licensees who have failed to make payment
  to the manufacturer or wholesaler on or before their final payment  date
  for beer or wine products sold or delivered to such licensees during the
  previous  credit  period. Any such retail licensee receiving such notice
  shall not thereafter purchase beer or  wine  products  except  for  cash
  until  such  time as the authority determines that its name shall not be
  published on the delinquent list as provided  in  this  subdivision,  or
  until  such  time  as  the authority permits sales or deliveries to such
  licensee as provided in subdivision five  of  this  section.  Each  such
  manufacturer  and wholesaler shall file with the authority, on or before
  each notification date,  copies  of  the  notices  sent  by  it  to  all
  delinquent  retail licensees, and in addition, if the authority shall so
  require, a written list setting forth the names  and  addresses  of  all
  such  delinquent licensees. The authority, in its discretion, may extend
  for a period not exceeding three days the date for giving written notice

  of default to delinquent retail licensees and extend for three days  the
  date  for  filing  with the authority the copies of notices sent to such
  licensees and/or the written list of delinquent  retail  licensees.  The
  authority  shall,  as  soon as practicable after each notification date,
  compile, publish, and furnish each manufacturer and wholesaler  licensed
  under  this chapter a delinquent list containing the names and addresses
  of all retail licensees who have  been  reported  by  manufacturers  and
  wholesalers  pursuant  to  the provisions of this section or section one
  hundred one-aa of this article as  having  failed  to  make  payment  as
  required  by  this section or section one hundred one-aa of this article
  for beer or wine products  sold  or  delivered  to  them,  and  no  such
  manufacturer  or wholesaler, on or after the fifth day after the receipt
  of such delinquent list, shall knowingly, wilfully or intentionally sell
  or deliver any beer or wine products to any  such  licensee  whose  name
  appears  on  such  list, except for cash, until such time as the name of
  such licensee is removed therefrom, except  as  otherwise  permitted  by
  this  section.  The  receipt  of  a delinquent list by a manufacturer or
  wholesaler shall  constitute  knowledge  of  the  names  of  the  retail
  licensees  who  have failed to make payment for beer or wine products as
  required by this section. The failure of any manufacturer or  wholesaler
  to  comply with the provisions of this section may, at the discretion of
  the authority, subject the license of such manufacturer or wholesaler to
  suspension for not more than five days for the first  offense,  and  not
  more  than  thirty  days  for  a  subsequent  offense. The authority may
  publish the delinquent list on  its  website;  provided,  however,  that
  access  shall  be  restricted  to  those  manufacturers  and wholesalers
  licensed under  this  chapter.  Such  publication  shall  be  considered
  receipt thereof by all manufacturers and wholesalers.
    4.  In the event that any dispute shall exist between any manufacturer
  or wholesaler and  a  retail  licensee  to  whom  such  manufacturer  or
  wholesaler  shall have sold beer or wine products, either as to the fact
  of payment or as to the amount due for such beer or wine products or  as
  to  the  quantity  of the beer or wine products sold or delivered, which
  dispute cannot be adjusted between them, the authority is authorized  to
  receive  statements  from  each of the parties to such dispute as to the
  facts and circumstances thereof and to determine  whether  or  not  such
  retail licensee's name should be published on the delinquent list.
    5.  The  authority  in  the case of a retail licensee who has actually
  made payment for beer or wine products, or on good cause  shown  to  it,
  may  permit  sales or deliveries to any retial licensee who has received
  notice of default or who is named on any delinquent list, on terms other
  than for cash, but within the limitations of this section, prior to  the
  publication of the next delinquent list.
    6.  The  license  of  any  retail  licensee  who  purchases or accepts
  delivery of beer or wine products on any terms, other than  as  provided
  in  this  section,  may be suspended for not more than five days for the
  first offense and not more than thirty days for  a  subsequent  offense.
  The  failure  of  any  such retail licensee to pay any amount in default
  before the expiration of the period of suspension shall  be  deemed  and
  punishable  as  a  subsequent  offense  until  paid.  In  addition,  the
  authority may require any such retail licensee, after default in  making
  payment  in  accordance  with  the  provisions  of  this section to make
  payment in cash for beer or wine products subsequently delivered.
    7. Nothing contained in this section shall be construed to require any
  manufacturer or wholesaler to extend credit to any retail  licensee  nor
  to  restrain  any  manufacturer or wholesaler from seeking to enforce by
  legal action or otherwise, payment of any sum or sums of  money  due  or

  alleged  to  be  due  to any such manufacturer or wholesaler for beer or
  wine products sold or delivered to any such retail licensee.
    8. There shall be paid to the liquor authority by each person applying
  after the effective date of this section for any license to sell beer or
  wine  products  to  retailers or upon the renewal of such license, a sum
  equivalent to ten per centum of the annual  license  fee  prescribed  by
  this  chapter  for  each such licensee. Such moneys shall be used by the
  authority to defray the expenses incurred in the administration of  this
  section.
    9.  Notwithstanding  the  law  in  effect at the time of the sale, the
  final payment date for beer and/or  wine  products  sold  prior  to  the
  effective date of this section for which payment has not been made shall
  be  the first final payment date as determined by the provisions of this
  section.