New York State Liquor Authority Marketing and Representative Permits
So what is this permit anyway?
Your wholesale license allows you to offer tastings at your licensed premises. The marketing permit allows you to do tastings and accept purchase orders off your licensed premises. This is very valuable indeed but there are rules that must be strictly followed.
This permit can be used by an unlicensed out of state supplier or a licensed in state supplier to do tastings (using product from the applicant’s or wholesaler’s inventory), to take orders for and/or to forward orders to licensed wholesalers, and to market. If the permittee is from out of New York State, then a current copy of the state license and a copy of the Federal Basic Permit is required to accompany the application.
This term is subject to the following conditions:
- The supplier will obtain a transportation permit or contact with a company that has a transportation permit, in order to transport the alcoholic beverages to the event site. Farm licenses do not need a transportation permit to transport their product in the owner or business’ vehicles.
- No fee shall be charged by the supplier or wholesaler to a consumer attending or participating in such event.
- Each sample shall be limited to: In case of beer, wine products and cider, to 3 ounces or less; in the case of wine, to 2 ounces; and in the case of liquor, to one-quarter ounce.
- Liquor and wine used for tastings do not have to be price posted items. Liquor and wine used for sales by the bottle must be price posted.
Advisory #2013-6 pursuant to Section 99(b)(1)(k) of the ABC Law.
About Tracy Jong
Tracy Jong has been an attorney for more than 20 years, representing restaurants, bars, and craft beverage manufacturers in a wide array of legal matters. She is also a patent attorney.
Her book Everything You Need To Know About Obtaining and Maintaining a New York Retail Liquor License: The Definitive Guide to Navigating the State Liquor Authority will be available next month on Amazon.com as a softcover and Kindle e-book.
Her legal column is available in The Equipped Brewer, a publication giving business advice, trends, and vendor reviews to help craft breweries, cideries, distilleries and wineries build brands and succeed financially.
She also maintains a website and blog with practical information on legal and business issues affecting the industry. Follow her, sign up for her free firm app or monthly newsletter.
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