THE BASIC REQUIREMENTS TO BE A WHOLESALER IN NEW YORK STATE
1. What are the basic requirement to be a wholesaler?
a. The licensee must have an office in New York State:
i. The office must be physically separated from other premises.
ii. No other business may be conducted on the licensed premises.
iii. There must be an employee present during regular business hours.
iv. Books and records must be kept on the licensed premises and available for inspection during regular business hours.
b. The licensee must be a U.S. citizen or have a Green Card.
c. Warehouse can be located anywhere; however if it is located in the same building as the licensed premises, it must have a separate entrance.
d. If the licensee wishes to import alcoholic beverages from another country, a Federal Importer's Permit is required which can be obtained from the Bureau of Alcohol, Tobacco & Firearms.
2. How much does a wholesale license cost?
License Type
Wine - 1 Year
* Wine only
Liquor - 3 Year
* Includes wine and liquor
Beer - 1 Year |
License Fee
$1,075.00
$27,080.00
$1,300.00 |
Surety Bond
$10,000.00
$20,000.00
$10,000.00 |
3. Why must alcoholic beverages be brand label registered in New York State?
a. The New York State Alcohol Beverage Control Law specifies that no manufacturer or wholesaler shall sell to any retailer nor shall any retailer purchase any alcoholic beverages unless these beverages are labeled in accordance with the Authority's Rules and Federal Regulations and unless such label shall be registered with and approved by the State Liquor Authority. Effective January 1, 1994, wine does not need to be brand label registered if the wine has received label approval from the Bureau of Alcohol, Tobacco and Firearms (BATF).
b. On SLA forms provided for this purpose, an application for registration of a brand trade name label may be filed by any one of the following:
i. the owner of the brand or trade name if such owner is licensed by the Authority
ii. a wholesaler selling such brand who is appointed as exclusive brand agent, in writing, by the owner of the brand or trade name for the purpose of filing such application, if the owner or brand or trade name is not licensed by the Authority
iii. any wholesaler, with the approval of the Authority, in the event that the owner of the brand or trade name does not file or is unable to file such application or designate an agent for such purposes
iv. a retailer when the brand or trade name is owned and sold exclusively by the retailer.
4. ADDITIONAL INFORMATION:
a. ON WINE PRODUCTS:
i. Wine coolers, wine products and low alcohol wines will still be required to have brand labels registered in New York State. In addition, a sample of wine products/low alcohol or wines must be sent to the NYS Dept. of Agriculture and Markets for analysis.
b. ON CIDER:
i. Cider (containing more than 3.2% but not more than 7% alcohol) must be brand label registered.
c. ON BEER TAP REGISTRATION:
i. A brewer who also holds an on-premises license for a restaurant on or adjacent to the brewery premises, and sells a particular beer brewed on the premises exclusively through a vat to tap system, is not required to register the brand label with the State Liquor Authority, but is required to register the tap out of which the beer is dispensed.
d. FEES: i. Each application shall be accompanied by a copy of the label and by a certified check, bank officer's check, draft or money order in the following amounts:
License Type
Liquor
Beer
Wine / Wine Products
Cider
Beer Tap Registration |
License Fee
$250.00
$150.00
$50.00
No Fee
$25.00 per tap |
5. Why must I file price schedules for liquor or wine?
a. Section 101-b.3(a) of the ABC Law prohibits the sale or purchase by a licensee of any brand of liquor or wine unless a price schedule is filed with the State Liquor Authority and is then in effect.
6. How do I file price schedules?
a. Each manufacturer and wholesaler shall use the SLA forms for wine and liquor prices to wholesalers and retailers. All information on the schedule must be completed except for quantity discount unless applicable. The forms are filed on 8 ½ x 14 paper size.
b. Each schedule filed shall identify the filer by name, address and license number.
c. Where a schedule of prices to wholesalers is filed by the brand owner, the listing of items of brands owned by the filer should be preceded by the words "as brand owner". Where filed as agent, the listing of items should be preceded by the words "as agent" followed by identification of the brand owner.
d. In schedules of prices to retailers, the listing of brands owned by the filer should be preceded by the words "as brand owner"; the listing of brands for which the filer is the brand agent should be preceded by the words "as agent", and where the filer is neither the brand owner nor brand agent, the listing should be preceded by the name of the licensee who registers the brand label.
e. Where a manufacturer or wholesaler holds more than one license, a separate schedule of prices to retailers shall be filed by such licensee for each licensed premises.
f. Schedules must be filed at the New York State Liquor Authority, Wholesale Bureau, 80 S. Swan Street, Suite 900, Albany, New York 12210-8002.
7. How many copies of price schedules do I submit? a. Seven (7) copies of each schedule of prices to wholesalers and 7 copies of each schedule of prices to retailers must be filed with the Wholesale Bureau at its Albany Office.
8. What are the deadlines for filing price schedules? a. Deadline for Wholesaler Schedules:
i. Schedules of prices to wholesalers must be filed on or before the 25th day of each month and shall become effective on the first day of the second succeeding calendar month, unless otherwise ordered by the Authority. When the 25th day of the month falls on a Saturday, Sunday or legal holiday, such schedules are to be filed on the following business day.
b. Deadline for Retail Schedules:
i. Schedules of prices to retailers must be filed on or before the fifth calendar day of each month and shall become effective on the first day of the following month unless otherwise ordered by the Authority. When the fifth day of the month falls on a Saturday, Sunday or legal holiday, such schedules shall be filed on the following business day.
c. Deadline for Amended Retail Schedules:
i. Seven copies of each amended schedule of prices to retailers must be filed no later than the 20th day of the month prior to the effective date of the schedule being amended. When the 20th day of the month falls on a Saturday, Sunday or legal holiday, such amended schedule may be filed on the following business day.
d. Master Schedules:
i. The schedules which contain a listing of all brands of liquor and wine which are to be sold are known as master schedules. Master schedules are required for the months of March, July and November. The Liquor Authority may permit or require the filing of short form schedules for any particular month in place of the master schedule. Short form schedules shall show all new items, price changes, or items discontinued since the last filing of a master schedule. All schedules shall contain such statements as the Authority may permit or require.
9. What is "C.O.D." (Cash On Delivery)?
a. "C.O.D."
i. mandates that retailers who have defaulted on credit payments to wholesalers must purchase all alcoholic beverages from wholesalers on a cash (non-credit) basis until the original debt(s) are repaid. Section 101-aa of the ABC Law requires manufacturers and wholesalers to notify licensees who have failed to make payments for alcoholic beverages sold or delivered to them. The wholesaler or manufacturer is required to send default notices to retailers who have failed to make payment by the Final Payment Date for purchases made during the preceding Credit Period. The default notices must be sent by registered or certified mail to the retail licensee on the Delinquent Notice Day, which is the 4th business day after the Final Payment Date. On the same day the wholesaler or manufacturer is required to notify the Authority of delinquent retailers by sending duplicate copies of the notices of default mailed to the retailer.
b. "C.O.D." DELINQUENT LISTS
i. A separate Delinquent List is published weekly covering each of the four groups of retail licenses and copies sent to each manufacturer and wholesaler. No manufacturer or wholesaler, after receipt of the delinquent list, shall "knowingly, willfully or intentionally" sell any liquor or wine to any retail licensee whose name appears on such list, except for cash, until such time as the name of the retailer is removed from the delinquent list.
c. RELEASES FROM DELINQUENT LISTS
i. The Authority may grant a release from the Delinquent List to any retail licensee who has received a Notice of Default or is named on any Delinquent List when Notices of Payment have been filed with the Authority by the manufacturers and wholesalers involved, or on good cause shown to it and after the investigation of the facts. Such release shall permit the sale and delivery of alcoholic beverages on terms other than for cash prior to the publication of the next appropriate Delinquent List.
10. What is a "C" license?
a. A "C" License is a wholesale beer license with privilege to sell to the consumer. (This license has not been issued since 1960 - interested persons must find one to buy.)
b. "C" licenses:
i. can sell beer wholesale and retail.
ii. can move the license anywhere they want to in the state after they buy the license.
iii. cannot sell groceries, pure fruit juice drinks (can sell carbonated juice drinks), milk or milk products or any paper products, no newspapers.
iv. can sell lottery tickets, tobacco, snack foods & soda.
11. What is the difference between a winery and a farm winery license?
a. Both Wineries and Farm Wineries may sell wholesale and retail.
License Type
Farm Winery - 1 Year License
Winery - 1 Year License |
License Fee
$175.00
$1,075.00 |
Surety Bond
$1,000.00
$10,000.00 |
b. FARM WINERY PRIVILEGES:
i. limited by the law to a maximum production of 150,000 finished gallons of wine in a single year.
ii. prohibited from manufacturing and selling any wine not produced from 100% grapes or other fruits or agricultural products grown or produced in New York State.
iii. authorized to sell its wines to any Winery or Farm Winery and to licensed wholesalers or retailers and to deliver such wines to persons outside the state pursuant to the laws of the place of such sale and delivery.
c. WINERY PRIVILEGES:
i. Manufacture wine from crushed grapes or grape concentrate.
ii. Blend wine.
iii. Bottle wine received in bulk from its parent winery located outside New York State.
iv. Sell wine to wholesaler or retailer in sealed containers of not more than 15 gallons each.
v. Sell wines in excess of 15 gallons to food, wine, vinegar and pharmaceutical manufacturers, provided a non-beverage manufacturer permit is first obtained from the Authority.
vi. Manufacture wine from honey.