Direct Alcohol Shipments

New York State manufacturers may ship up to 36 cases (no more than 9 liters per case) of wine, distilled spirits, cider, mead, and braggot per year directly to a New York resident for personal use. The manufacturer must require the purchaser to provide proof they are 21 or over, and that the alcohol is for personal use and not for resale.

Alcohol that can be shipped in and to New York State must be:

• Wine
• Cider
• Mead
• Braggot
• Distilled Spirits

Shipping containers used to deliver alcohol must be conspicuously labeled with the following:

"CONTAINS ALCOHOLIC BEVERAGES

SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY

NOT FOR RESALE"

New York State manufacturers must require the common carrier delivering the alcoholic beverages to verify the identity and age of the recipient by means of photographic identification, obtain the signature of the recipient on an "acknowledgement of receipt" form approved by the Authority and refuse delivery to recipients who refuse to present proof of age.

New York State manufacturers must maintain records of all direct alcohol shipments and produce them at the request of the Liquor Authority or the NYS Department of Taxation and Finance.

Eligible License Types:

• Cider producers
• Farm cideries
• Micro-distilleries
• Micro-rectifiers
• Farm distilleries
• Fruit brandy producers
• Mead producers
• Farm meaderies
• Farm wineries
• Micro-farm wineries
• Winery

New York manufacturers holding one or more of the above eligible licenses do not need to apply for a separate license or permit to engage in direct-to-consumer shipping, as this privilege is now incorporated into their existing license.

Manufacturers in other states can make direct shipments of wine, distilled spirits, cider, mead, and braggot to New York residents with an Out-of-State Direct Shipper's License. The out-of-state manufacturer must be located in a state that affords similar direct shipping privileges to similar manufacturers in New York.

RECIPROCITY/EQUIVALENT LICENSE CLASS

Please note that the New York State Liquor Authority’s list of reciprocity states applies only to wine. A final determination on reciprocity for out-of-state spirits producers will be made upon submission of an application. Applicants should provide information on the relevant statutes in their state to assist the SLA in determining whether the spirits license issued is of an equivalent class and production capacity to those held by New York spirits manufacturers authorized to direct ship to New York residents.

The Out of State Direct Shipper’s License is issued by the NYS Liquor Authority. A separate Out of State Direct Shipper’s License will be required for each type of alcohol a manufacturer is wishing to ship to a New York State resident.

The out-of-state manufacturer must comply with New York State laws governing the direct interstate retail sale and shipment of alcohol to New York residents for personal use and not for resale. The out-of-state manufacturer may sell to New York customers only alcohol that is produced by the out-of-state manufacturer. The out-of-state manufacturer must require the New York purchaser to provide proof of age and that the wine being purchased is for personal use only.

Shipping containers used to deliver alcohol to New York residents must be conspicuously labeled with the following:

"CONTAINS ALCOHOLIC BEVERAGES

SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY

NOT FOR RESALE"

The gallonage limitations for each license type is as follows:

• Class A-1 Distillers – 75,000 gallons for liquor produced
• Class B-1 Micro Rectifiers – 35,000 gallons for liquor rectified/manufactured
• Class C Fruit Brandy Distillers – no annual gallonage limit for fruit brandy produced
• Class D Farm Distillers – 75,000 gallons for liquor produced
• Cideries – no annual gallonage limit for cider produced
• Meaderies – no annual gallonage limit for mead and/or braggot  produced
• Wineries – no annual gallonage limit for wine produced

Out-of-State Direct Shipper's License Fee: $375

All New York State licensed manufacturers, and all out-of-state manufacturers holding an out-of-state direct shippers’ license, must maintain books and records of all transactions for a minimum of three years, including:

• the total amount of alcoholic beverages, by type of beverage, shipped into the state each calendar year;
• the names and addresses of the purchasers to whom the alcoholic beverages were shipped;
• the date purchased;
• the name of the common carrier used to deliver the alcoholic beverages, and;
• the quantity and value of each purchase.

All records must be made available to the SLA or the New York State Department of Taxation and Finance (“DTF”) for inspection upon request.  New York State licensed manufacturers, and all out-of-state manufacturers holding an out-of-state direct shippers’ license, must permit the SLA or DTF to perform audits upon request.

Representations the Purchaser is 21 Years of Age or Older:

A New York State manufacturer or out-of-state manufacturer with an out-of-state direct shippers’ license must require the prospective New York purchaser to represent his or her age as 21 years or more, and to represent that the alcoholic beverages being purchased is for personal use and not for resale.

Common Carrier Requirements:

A New York State manufacturer or an out-of-state manufacturer may only utilize common carriers holding a valid trucking permit issued by the SLA.  Common carrier making deliveries must:

• Require a recipient, at the delivery address, upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification authorized by section sixty-five-b of the ABCL;
• Require recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the SLA;
• Refuse delivery when the proposed recipient appears to be under twenty-one years of age and refuses to present valid identification.

Manufacturers holding multiple licenses may ship within the same package any alcoholic beverages they lawfully produce which the licensee is authorized to direct ship. For example, a New York licensee holding both a farm distillery and a farm winery license at one location may ship a mixed case of spirits and wine to a consumers’ residence. Manufacturers must ensure they are shipping are no more than 36 cases of each alcoholic beverage type the manufacturer is licensed to produce annually.