N.Y. Comp. Codes R. & Regs. tit. 9, § 65.4 – Prices to retailers. | Midpage
§ 65.4
N.Y. Comp. Codes R. & Regs. tit. 9, § 65.4
Prices to retailers.
Executive Department
(a) The price to retailers, except retailers operating railroad cars, shall include federal customs duties, internal revenue taxes, State taxes and fees and cost of delivery to the retailer. The price to retailers operating railroad cars may be scheduled at a price “ex State taxes and fees”, but shall include all of the other taxes and costs computed in prices to other retailers. No charge shall be made in addition thereto, except where a wholesaler lists in his schedule those counties in which no charge for delivery will be made, in all other counties the actual cost of delivery shall be charged to the retailer in addition to the price set forth in the schedule and shall be so indicated on the invoice.
(b) A delivery charge may be made for certain brands and not for other brands, provided it is so indicated on the schedule of prices to retailers.
(c) All sales to airline company retail licensees shall be at price schedule prices, except “in bond” sales to aircraft companies holding permits under section 99-b.
(d) The bottle or case price of an item of liquor listed in a schedule of liquor prices to retailers shall not be changed from the price theretofore listed in the prior schedule of liquor prices to retailers except insofar as such change may be required or permitted pursuant to the provisions of 3(b) of section 101-b [Alcoholic Beverage Control Law], or after prior permission of the authority for good cause shown and for reasons not inconsistent with the purpose of section 101-b.
(e) For each item of liquor listed in the schedule of liquor prices to retailers there shall be posted a bottle and a case price. The bottle price multiplied by number of containers in the case must exceed the case price by approximately $1.92 for any case of 48 or fewer containers. The figure is to be reached by adding $1.92 to the case price, dividing by the number of containers in the case, and rounding to the nearest cent. Where more than 48 containers are packed in a case, bottle price shall be computed by dividing the case price by the number of containers in the case, rounding to the nearest cent, and adding one cent. Variations will not be permitted without approval of the authority.