LEX VINI

New York Aims to Modernize State Alcohol Beverage Laws

New York alcohol beverage producers, wholesalers and retailers take note:  there may be some changes coming your way.  Governor Andrew Cuomo has announced the creation of an industry working group to recommend revisions to the state’s Alcoholic Beverage Control Laws.  The group, to be headed up by NY State Liquor Authority Chairman Vincent Bradley, is […]

NYSLA Proposes Advisory for Trademark Licensing Agreements

The New York State Liquor Authority is considering adopting an advisory regarding trademark licensing agreements between retailers and alcohol beverage producers.  If adopted, the advisory would prohibit certain trademark licensing agreements between retailers and suppliers (i.e., producers and wholesaler) that involve a licensing fee based upon a percentage of sales or that otherwise “correlate[s] with sales.”  According […]

NYSLA, Empire Wine and Due Process

On January 23, the New York State Liquor Authority is scheduled to hold a hearing to determine if retailer Empire Wine & Spirits (“Empire”) engaged in “improper conduct” that warrants the suspension, cancellation or revocation of the retailer’s New York liquor license.  According to the SLA’s Notice of Pleading, Empire allegedly shipped wine to consumers […]

Tied House Laws: Alive and Kicking

The New York State Liquor Authority issued a stern reminder that tied house laws are not only still on the books, but will be strictly enforced. On Tuesday, March 25, the NYSLA accepted a plea offer from the numerous entities associated with restaurateur Joe Bastianich to pay $500,000 penalty, close down Manhattan-based wine store Eataly […]

New York State Liquor Authority Sets 4/23 Meeting re Internet Wine Sales

The New York State Liquor Authority has scheduled a special board meeting for April 23, 2014 to consider two requests for declaratory rulings related to internet wine sales. Both Lot 18 and Connoisseur Encounters Co., Inc (doing business as “The Wine Cellar at Rye Ridge”) have asked the NYSLA for guidance regarding their proposed business […]

Lot 18 Secures Brick & Mortar Retail License from NYSLA

Over the past year, the New York State Liquor Authority has wrestled with how to treat third party wine marketers like Lot 18.  As we discussed in an earlier blog post, the NYSLA questioned whether third party marketers were essentially operating as unlicensed alcohol beverage retail business. Although the NYSLA has promised to issue additional […]

New York Issues Survey re Proposed “At Rest” Legislation

The New York State Liquor Authority (NYSLA) has asked state wholesalers to fill out a survey related to the potential impact of proposed “at rest” legislation. At rest legislation (New York Bill S3849-2013) would require any alcohol beverage delivered to a New York restaurant or retailer to go through a warehouse located within the state […]

New York State Liquor Authority Approves Limited Availability Advisory

On Wednesday, July 31, 2013, the New York State Liquor Authority approved a revised Advisory (Advisory 2013-5) on the allocation of limited availability alcohol beverage products.  The final version of the advisory is available on the NYSLA website.As we mentioned in our earlier blog posts on the subject, the advisory provides details on how importers, […]

NYSLA Revises Proposed Advisory re "Limited Availability" Sales

Earlier this week the New York State Liquor Authority (“NYSLA”) revised it’s proposed advisory regarding wholesaler and importer’s ability to allocate “limited availability” alcohol beverage products.  We have created a redline highlighting the changes made to the earlier version of the advisory.On Wednesday, July 17, the NYSLA Board held a hearing to discuss the proposed […]

New York SLA Announces 8/19 Meeting re Online Alcohol Beverage Sales

A few months ago, we reported on the New York State Liquor Authority’s ruling on ShipCompliant’s petition regarding online alcohol beverage sales using third party marketers.  We concluded by noting that a “final decision on the permissibility of sales of alcoholic beverages using third party marketers will be forthcoming from the NYSLA and NYSLA intends to […]

New York SLA Proposed Advisory for “Limited Availability” Wines

New York distributors of highly sought after wines produced or imported in minimum quantities may soon be able to breathe a sigh of relief.  The New York State Liquor Authority has issued a proposed advisory that, if approved, would let distributors favor their top accounts or prestigious retailers in their allocation of limited availability wine.  […]

The NYSLA Ruling – What it Really Means to Licensees and Third Party Marketers

We have received several questions from clients regarding the New York State Liquor Authority’s ruling on April 9, 2013 regarding the “legality of internet advertising platforms.” The ruling, which addresses the relationship between a New York state wholesaler, a New York state retailer, a third party internet marketer and ShipCompliant, is narrow and specifically applies […]

New York State Liquor Authority to Examine Third Party Marketing

The New York State Liquor Authority (“NY SLA”) is holding a special meeting on January 17, 2013 to discuss the role of third party providers in internet advertising and sales. This meeting is the result of a request from ShipCompliant for a declaratory ruling that its MarketPlace Platform does not violate New York state laws […]

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