Direct Shipping: The NY SLA Sent a Cease and Desist Letter to a NJ Wine Retailer

The New York State Liquor Authority sent a cease and desist order to Wine Library, a New Jersey retailer, for directly shipping wine to New York. Currently, it is unlawful for a New Jersey retailer to ship directly to a New York resident. New York law states:

“Except as provided in section seventy-nine-c of this chapter, no alcoholic beverages shall be shipped into [New York] unless the same shall be consigned to a person duly licensed hereunder to traffic in alcoholic beverages. This prohibition shall apply to all shipments of alcoholic beverages into New York State and includes importation or distribution for commercial purposes, for personal use, or otherwise and irrespective of whether such alcoholic beverages were purchased within or without the state, provided, however, this prohibition shall not apply to any shipment consigned to a New York resident who has personally purchased alcoholic beverages for his personal use while outside the United States for a minimum period of forty-eight consecutive hours and which has shipped as a consignor to himself as consignee. Purchases made outside the United Stated by persons other than the purchaser himself, regardless whether made as his agent, or by his authorization or on his behalf, are deemed not to have been personally purchased within the meaning of this paragraph.” – Section 102, Subdivision 1(a), of the New York Alcoholic Beverage Control Law.

 

Posted in alcohol beverage law | Tagged New York Direct Shipping | Comments Off