LegalFix

420 - Definitions.

NY Tax L § 420 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(b) "Distributor" when used with respect to liquors means any person who imports or causes to be imported into this state liquors for sale or use in this state; any purchaser of warehouse receipts for liquors stored in a warehouse in this state who causes liquors to be removed from such warehouse; and also any person who produces, distills, manufactures, compounds, mixes or ferments any liquors within this state for sale, except (i) a person who manufactures, mixes or compounds liquors the ingredients of which consist only of alcoholic beverages on which the taxes imposed by this article have been paid, and (ii) a person who mixes or compounds liquors with non-alcoholic ingredients for sale and immediate consumption on the premises, who shall be a distributor only with respect to the ingredients which consist of alcoholic beverages upon which the taxes imposed by this article have not been paid. 5. "Beers" mean and include all alcoholic beer, lager beer, ale, porter, and stout, and all other fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor containing one-half of one per centum, or more, of alcohol by volume. 6. "Wines" mean and include wine (both still and sparkling and when fortified by the addition of alcohol or spirits), mead as defined in section three of the alcoholic beverage control law, fruit juice containing one-half of one per centum or more of alcohol by volume and all other beverages containing alcohol manufactured or produced by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar, provided the foregoing contain not more than twenty-four per centum of alcohol by volume, but shall not mean or include cider containing three and two-tenths per centum, or less, of alcohol by volume. 7. "Liquors" mean and include any and all distilled or rectified spirits, alcohol, brandy, cordial (whether the base therefor be wine or liquor), whiskey, rum, gin and all other distilled beverages containing alcohol, including all dilutions and mixtures of one or more of the foregoing, and also mean and include any alcoholic liquids which would be wines if the alcoholic content thereof were not more than twenty-four per centum by volume. 8. "Retail sale" or "sale at retail" means a sale to a consumer or to any person for any purpose other than for resale. 9. "Owner" shall include any person selling or offering alcoholic beverages for sale at retail. 10. "Sale" means any transfer, exchange or barter in any manner or by any means whatsoever. The sale of warehouse receipts given upon the storage of alcoholic beverages shall not be construed as a sale of the beverages represented by such receipts. 11. "Gallon" means one hundred twenty-eight fluid ounces; "quart" means thirty-two fluid ounces. 12. "Use" means any compounding or mixing of alcoholic beverages with other ingredients or other treatment of the same in such manner as to render them unfit or unsuitable for consumption as a beverage and also the actual consumption or possession for consumption of alcoholic beverages as a beverage or otherwise. 13. A distiller's license means a license issued by the state liquor authority pursuant to the provisions of the alcoholic beverage control law to manufacture liquors or wines or to brew beers, a wholesaler's license means a license issued by the state liquor authority pursuant to the provisions of the alcoholic beverage control law to sell liquors, wines or beers at wholesale and a retailer's license means a license issued by the state liquor authority pursuant to the provisions of the alcoholic beverage control law to sell liquors, wines or beers at retail for on or off premises consumption. 14. "Noncommercial importer" means a person other than a distributor who imports or causes to be imported into this state beers or wines, except that such person shall not be a noncommercial importer where such person imports or causes to be imported into this state such alcoholic beverages in the quantities and under the conditions provided by subdivision four of section four hundred twenty-four. Such term is inapplicable with respect to liquors. 15. "Liter" means a metric unit of capacity equal to one thousand cubic centimeters of alcoholic beverages and equivalent to thirty-three and eight hundred fourteen thousandths fluid ounces. 16. "Brand owner" means any person who is a manufacturer of any liquor or wine for which a brand or trade name label has been registered with and approved by the state liquor authority pursuant to section one hundred seven-a of the alcoholic beverage control law. For purposes of this subdivision the term manufacturer includes a distiller, importer, vintner or rectifier.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
420 - Definitions.