79-D - Direct intrastate wine shipments.

§  79-d.  Direct  intrastate wine shipments. Any person having applied  for and received a license as a winery or  farm  winery  under  sections  seventy-six,  seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d  and seventy-six-f of this article may ship no more than thirty-six cases  (no more than nine liters per case) of wine produced by such winery  for  farm  winery  per  year  directly to a New York state resident who is at  least twenty-one years of age, for such resident's personal use and  not  for resale.    1. Licensee's shipping responsibilities. Notwithstanding any provision  to  the  contrary contained in this chapter, any above referred licensee  shall:    (a) in the case of a farm winery licensee or a winery  licensee,  ship  no  more  than  thirty-six  cases (no more than nine liters) per year of  wine produced by such license  holder  directly  to  a  New  York  state  resident  who  is  at least twenty-one years of age, for such resident's  personal use and not for resale;    (b) ensure that the outside of each shipping container  used  to  ship  wine directly to a New York state resident is conspicuously labeled with  the words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED  FOR  DELIVERY,"  or with other language specifically approved by the New  York state liquor authority;    (c) report to the authority annually, in such manner and form  as  the  authority  may  direct the total amount of wine shipped in the state the  preceding calendar year, the names and addresses of  the  purchasers  to  whom  the  wine  was shipped, the date purchased, the name of the common  carrier used to deliver the wine, and the quantity  and  value  of  each  shipment;    (d)  in  connection  with the acceptance of an order for a delivery of  wine to a  New  York  resident,  require  the  prospective  customer  to  represent  that  he  or  she has attained the age of twenty-one years or  more and that the wine being purchased will not be resold or  introduced  into commerce; and    (e) require common carriers to:    (i)  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 this chapter;    (ii) require a recipient to sign an electronic or paper form or  other  acknowledgment of receipt as approved by the authority; and    (iii)  refuse delivery when the proposed recipient appears to be under  twenty-one years of age and refuses to present valid  identification  as  required by paragraph (a) of this subdivision.    2.  Violations.  In  any action brought under this section, the common  carrier and the licensee shall only be held liable for their independent  acts.