Alcohol shipping laws in New York
We track 5 New York rules on shipping wine, beer and spirits to consumers; 2 are bans.
Check a specific item for New YorkNew York
Permit neededOut-of-state wineries may ship wine to New York residents only with an Out-of-State Direct Shipper's License from the NY State Liquor Authority (max 36 cases per resident per year).
N.Y. Alco. Bev. Cont. Law 79-c · draft
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§ 79-c. Direct interstate wine shipments. 1. Authorization. Notwithstanding any provision of law, rule or regulation to the contrary, any holder of a license to manufacture wine in any other state who obtains an out-of-state direct shipper's license, as provided in this section, may ship no more than thirty-six cases (no more than nine liters each case) of wine produced by such license holder per year directly to a resident of New York who is at least twenty-one years of age, for such resident's personal use and not for resale, provided the state in which such person is so licensed affords lawful means for shipments of wine to be received by a resident thereof who is at least twenty-one years of age, for such resident's personal use and not for resale, from a person licensed in this state as a manufacturer and, provided further, that the state in which such out-of-state winery is located affords to New York state winery and farm winery licensees reciprocal shipping privileges, meaning shipping privileges that are substantially similar to the requirements in this section. ... 2. License. Before sending any shipment hereunder to a resident in this state, the out-of-state shipper shall first obtain a license from the authority under procedures prescribed by rules and regulations of the authority and after providing the authority with a true copy of its current license to manufacture wine in the applicant's state of domicile along with a copy of the applicant's federal basic permit after payment of an annual fee of one hundred twenty-five dollars. ... (c) shall ensure that the outside of each shipping container used to ship wine directly to a New York resident is conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language specifically approved by the New York state liquor authority; ... (g) shall file returns with and pay to the New York state department of taxation and finance all state and local sales taxes and excise taxes due on sales into this state in accordance with the applicable provisions of the tax law relating to such taxes, the amount of such taxes to be determined on the basis that each sale in this state was at the location where delivery is made; ... (k) shall prior to obtaining an out-of-state direct shipper's license, obtain a certificate of authority pursuant to section eleven hundred thirty-four of the tax law and a registration as a distributor pursuant to sections four hundred twenty-one and four hundred twenty-two of the tax law.
Permit neededOut-of-state craft-size distilleries may ship their own spirits to New York residents only with an Out-of-State Direct Shipper's License from the NY State Liquor Authority (max 36 cases per resident per year).
N.Y. Alco. Bev. Cont. Law 68 · draft
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§ 68. Direct interstate liquor shipments. 1. Authorization. Notwithstanding any provision of law, rule or regulation to the contrary, any holder of a license to manufacture liquor in any other state that is equivalent in class and/or production capacity per year to those licenses authorized to make direct intrastate liquor shipments under section sixty-nine of this article, who obtains an out-of-state direct shipper's license, as provided in this section, may ship no more than thirty-six cases (no more than nine liters each case) of liquor produced by such license holder per year directly to a resident of New York who is at least twenty-one years of age, for such resident's personal use and not for resale, provided the state in which such person is so licensed affords lawful means for shipments of liquor to be received by a resident thereof who is at least twenty-one years of age, for such resident's personal use and not for resale, from a person licensed in this state as a manufacturer and, provided further, that the state in which such out-of-state distillery is located affords to New York state licensed manufacturers with the privilege of producing liquor reciprocal shipping privileges, meaning shipping privileges that are substantially similar to the requirements in this section. ... 2. License. Before sending any shipment hereunder to a resident in this state, the out-of-state shipper shall first obtain a license from the authority under procedures prescribed by rules and regulations of the authority and after providing the authority with a true copy of its current license to manufacture liquor in the applicant's state of domicile along with a copy of the applicant's federal basic permit after payment of an annual fee of one hundred twenty-five dollars. ... (c) shall ensure that the outside of each shipping container used to ship liquor directly to a New York resident is conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language specifically approved by the New York state liquor authority;
BannedDo not ship wine, beer or spirits from an out-of-state retailer to New York consumers.
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§ 102. General prohibitions and restrictions. 1. (a) Except as provided in section seventy-nine-c of this chapter, no alcoholic beverages shall be shipped into the state unless the same shall be consigned to a person duly licensed hereunder to traffic in alcoholic beverages. This prohibition shall apply to all shipments of alcoholic beverages into New York state and includes importation or distribution for commercial purposes, for personal use, or otherwise, and irrespective of whether such alcoholic beverages were purchased within or without the state,
BannedDo not ship beer directly to New York consumers, even as the brewery.
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§ 102. General prohibitions and restrictions. 1. (a) Except as provided in section seventy-nine-c of this chapter, no alcoholic beverages shall be shipped into the state unless the same shall be consigned to a person duly licensed hereunder to traffic in alcoholic beverages. ... (b) Except as provided in section seventy-nine-c of this chapter, no common carrier or other person shall bring or carry into the state any alcoholic beverages, unless the same shall be consigned to a person duly licensed hereunder to traffic in alcoholic beverages,
21+Alcohol may be sold and delivered only to persons 21 or older.
N.Y. Alco. Bev. Cont. Law 65(1) · draft
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§ 65. Prohibited sales. No person shall sell, deliver or give away or cause or permit or procure to be sold, delivered or given away any alcoholic beverages to 1. Any person, actually or apparently, under the age of twenty-one years;
Federal
Applies nationwide.
BannedNever ship wine, beer or spirits by USPS: all alcoholic beverages are nonmailable under federal law.
18 U.S.C. 1716(f) · draft
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§1716. Injurious articles as nonmailable ... (f) All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails. ... (June 25, 1948, ch. 645, 62 Stat. 781; May 8, 1952, ch. 246, 66 Stat. 67; June 29, 1955, ch. 224, 69 Stat. 191; Pub. L. 85–268, Sept. 2, 1957, 71 Stat. 594; Pub. L. 85–623, §5, Aug. 12, 1958, 72 Stat. 562; Pub. L. 91–375, §6(j)(25), Aug. 12, 1970, 84 Stat. 779; Pub. L. 92–191, §1, Dec. 15, 1971, 85 Stat. 647; Pub. L. 99–570, title X, §10003, Oct. 27, 1986, 100 Stat. 3207–167; Pub. L. 103–322, title VI, §60003(a)(7), title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104–294, title VI, §607(g), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, §4002(b)(2), (6), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 109–435, title X, §1008(d), Dec. 20, 2006, 120 Stat. 3261.)
Permit neededFedEx carries wine to consumers only for licensed shippers approved under a signed FedEx Alcohol Shipping Agreement, with adult signature.
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Only FedEx-approved, licensed alcohol shippers that have entered into a FedEx Alcohol Shipping Agreement may ship alcohol via FedEx services. Consumers may not ship alcohol of any type via FedEx services. For all alcohol shipments, you’ll need to sign a FedEx Alcohol Shipping agreement. Contact your FedEx account executive for details and assistance and if you don't have an assigned account executive, call FedEx Customer Services at 1.800.463.3339. Adult signature service option. State law, as well as FedEx policy, requires an adult signature at the time of delivery for every U.S. package containing alcohol. It is your responsibility to ensure the adult signature requirement service option is selected so that FedEx requests and obtains the required adult signature. A $5.75 fee per shipment applies for this service.
BannedDo not ship beer or spirits to consumers by FedEx: FedEx carries only wine direct to consumers.
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FedEx currently only permits wine shipments under licensee-to-consumer agreements; beer and spirits require licensee-to- licensee. Licensee-to-consumer FedEx only transports wine licensee-to-consumer.
Permit neededUPS carries wine, beer and spirits only for licensed shippers that have signed the UPS Agreement for Approved Wine/Beer/Spirits Shippers, with adult signature.
UPS: How To Ship Wine · draft
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UPS only accepts packages containing wine from shippers who are licensed under applicable law and who have signed and entered into a contract with UPS for the transportation of wine. All wine shippers must enter into a UPS Agreement for Approved Wine Shippers. All alcohol shippers must schedule a consultation call or speak to their Account Manager to review UPS alcohol shipping policies, submit copies of your state licenses, and complete a shipping agreement. The ability to ship wine depends upon the nature of the shipper's license to sell wine, and the laws of the destination states. UPS permits the following types of wine shipments: Shipments of wine from licensed shippers may be shipped to licensed consignees, where permitted by applicable law. For example, a licensed manufacturer may ship to a licensed distributor, or a licensed distributor may ship to a licensed retailer, so long as the shipments are made in accordance with applicable law. "Licensed to Licensed" shipments cannot be made to consumers. All wine shipments must be made using the UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery. Some states also allow shipments of wine from out-of-state licensed wine retailers to consumers. These states are known as "Retailer Direct Shipment States." Shipments of wine from licensed out-of-state retailers may be made to consignees in "Retailer Direct Shipment States" subject to all of the conditions applicable to Winery Direct Shipment States, except that the purchase is made from a licensed out-of-state retailer rather than a winery. Refer to Addendum A for approved Retailer Direct Shipment States. All shippers who wish to ship wine must enter into either the UPS Agreement for Approved Wine Shippers, or the UPS Wine Industry Fulfillment House Agreement For Approved Wine Shippers. UPS DOES NOT ACCEPT SHIPMENTS OF WINE FROM SHIPPERS WHO HAVE NOT ENTERED INTO ONE OF THESE AGREEMENTS.