Section 103. Provisions governing manufacturers  


Latest version.
  • 1. No manufacturer shall
      sell, or agree to sell or deliver in the state any liquors and/or wines,
      as the case may  be,  in  any  cask,  barrel,  keg,  hogshead  or  other
      container,   except   in  sealed  containers  containing  quantities  in
      accordance with federal size standards adopted pursuant to  the  federal
      alcohol  administration  act,  as amended (27 U.S.C. 201 et.  seq.); and
      provided further, that (a) Class A distillers may sell or deliver liquor
      in bulk to the holder of a Class A or B  distiller's  license  or  to  a
      permittee  engaged  in  the  manufacture of products which are unfit for
      beverage use; (b) Class C distillers may sell or deliver fruit brandy in
      bulk to the  holder  of  a  winery  license,  a  holder  of  a  Class  B
      distiller's  license  or  to  a  permittee engaged in the manufacture of
      products which are unfit for beverage use; and (c) a winery licensee may
      sell or deliver wine in bulk to a holder of a winery license, the holder
      of a distiller's license of any class, or to a permittee engaged in  the
      manufacture  of  products  which  are  unfit  for  beverage  use.   Such
      containers shall have affixed thereto such labels as may be required  by
      the  rules  of the liquor authority, together with all necessary federal
      revenue and New York state excise tax stamps, as required by law.
        2. No manufacturer shall transport alcoholic beverages in any  vehicle
      owned  and  operated  or hired and operated by such manufacturer, unless
      there shall be attached to or inscribed upon both sides of such  vehicle
      a  sign, showing the name and address of the licensee, together with the
      following inscription: "New York State Distiller (or Brewer  or  Winery)
      License  No.  ..,"  in  uniform letters not less than three and one-half
      inches in height. In lieu of such sign a manufacturer may  have  in  the
      cab  of such vehicle a photostatic copy of its current license issued by
      the authority, and such copy duly authenticated by the authority.
        3. No manufacturer shall deliver any alcoholic  beverages,  except  in
      vehicles  owned and operated by such manufacturer, or hired and operated
      by  such  manufacturer  from  a  trucking  or   transportation   company
      registered  with the liquor authority, and shall only make deliveries at
      the licensed premises of the purchaser.
        7. Each  manufacturer  shall  keep  and  maintain  upon  the  licensed
      premises,  adequate  books and records of all transactions involving the
      manufacture and sale of his  or  its  products,  which  shall  show  the
      ingredients  but  not  the  formula or recipe used in the manufacture of
      such  alcoholic  beverages  together  with  the  quantity  of  alcoholic
      beverages  manufactured  by such manufacturer; the names, addresses, and
      the license numbers of  the  purchasers  of  such  alcoholic  beverages,
      together  with  the  quantities  involved in such purchases, whether the
      same shall be sold within or without the state.    Each  sale  shall  be
      recorded  separately  on  a  numbered  invoice, which shall have printed
      thereon the number, the  name  of  the  licensee,  the  address  of  the
      licensed  premises,  and  the current license number.  Such manufacturer
      shall deliver to the purchaser a true duplicate invoice stating the name
      and address of the  purchaser,  the  quantity  of  alcoholic  beverages,
      description  by  brands and the price of such alcoholic beverages, and a
      true, accurate and complete statement of the  terms  and  conditions  on
      which  such  sale is made. Any terms and conditions of a sale not stated
      on said invoice shall constitute a service within the meaning of section
      one hundred and one, subdivision one (c) of this  chapter.  Such  books,
      records  and  invoices shall be kept for a period of two years and shall
      be available for inspection by  any  authorized  representative  of  the
      liquor authority.
        8.  No  manufacturer  shall  furnish  or  cause to be furnished to any
      licensee, any exterior or interior sign, printed, painted,  electric  or
      otherwise, except as authorized by the liquor authority.
    
        9.  Nothing  contained  in  this  chapter shall prohibit a brewer from
      manufacturing, bottling or storing non-alcoholic carbonated beverages on
      the licensed premises  provided  such  business  was  conducted  by  the
      licensee prior to July first, nineteen hundred thirty-nine.