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, distributors, and wholesalers may allocate limited availability products.Significantly, the advisory acknowledges “that good cause has been shown to allocate ‘limited availability’ items differently between on and off premises licensees.” That being said, the advisory signals that the NYSLA will pay special attention to any allocation of limited availability products that provides for less than 30% of the product going to off-premise accounts:  “If the 70/30 split allocation formula is deviated from, the burden will be on the manufacturer, importer or wholesaler to demonstrate that an approved method of allocation from the above list was utilized for any given month.”

For more information or assistance on alcohol beverage law / wine law, contact John Trinidad ([email protected]).

This post is made available for general informational purposes only and none of the information provided should be considered to constitute legal advice 

Copyright Dickenson Peatman & Fogarty at www.lexvini.com