101-AAA - Terms of sale; beer or wine products.

§  101-aaa.  Terms  of sale; beer or wine products. 1. As used in this  section:    a. "Credit period" means the following:    (1) A period beginning on Thursday, January first, two  thousand  four  and ending on Sunday, January eighteenth, two thousand four; and    (2)  A  period beginning on the first Monday succeeding the concluding  day of each prior period and ending  on  the  second  succeeding  Sunday  thereafter.    b.  "Payment  period"  means  the  period  ending  on  the twelfth day  immediately following the last day of any credit period.    c. "Final payment date" means the last day of a payment period.    d. "Delinquent notice date" means the third business  day  immediately  following a final payment date.    e.   "Notification   date"  means  the  day  immediately  following  a  delinquent notice date.    f. "Retail licensee" means a person licensed pursuant to this  chapter  who  purchases  beer  and/or  wine  products  for  resale  for on or off  premises consumption, except a person licensed  to  sell  liquor  and/or  wine for off premises consumption.    g. "Cash" means and includes currency and coin of the United States of  America,  certified  check, money order, electronic funds transfer, bank  officer's check or draft, or a check drawn on the account of the  retail  licensee  payable  to  the manufacturer or wholesaler and dated no later  than the date of delivery  of  the  alcoholic  beverages  and  which  is  honored  upon  presentment  for  payment; provided, however, that if any  check or other instrument described in  this  paragraph  tendered  by  a  retail  licensee  on the delinquent list is not honored upon presentment  for payment, the license of such retail licensee may  be  suspended  for  not  more  than  fifteen  days  for the first offense, and not more than  sixty days for a subsequent offense, which penalty shall be in  addition  to the penalty provided for by the provisions of subdivision six of this  section,  and  provided  further,  that  nothing  in  this section shall  require a manufacturer or wholesaler to accept a check  tendered  by  or  drawn  on the account of a retail licensee on the delinquent list unless  the same has been certified.    2. No manufacturer or wholesaler licensed  under  this  chapter  shall  sell  or deliver any beer or wine products to any retail licensee except  for cash to be paid at the  time  of  delivery  or  on  terms  requiring  payment  by  such  retail  licensee for such beer or wine products on or  before the final payment date of any credit period within which delivery  is made.    3. Each such manufacturer and  wholesaler  shall,  on  or  before  the  respective  delinquent  notice  date, give written notice of default, by  first class mail, to all such licensees who have failed to make  payment  to  the manufacturer or wholesaler on or before their final payment date  for beer or wine products sold or delivered to such licensees during the  previous credit period. Any such retail licensee receiving  such  notice  shall  not  thereafter  purchase  beer  or wine products except for cash  until such time as the authority determines that its name shall  not  be  published  on  the  delinquent  list as provided in this subdivision, or  until such time as the authority permits sales  or  deliveries  to  such  licensee  as  provided  in  subdivision  five of this section. Each such  manufacturer and wholesaler shall file with the authority, on or  before  each  notification  date,  copies  of  the  notices  sent  by  it to all  delinquent retail licensees, and in addition, if the authority shall  so  require,  a  written  list  setting forth the names and addresses of all  such delinquent licensees. The authority, in its discretion, may  extend  for a period not exceeding three days the date for giving written noticeof  default to delinquent retail licensees and extend for three days the  date for filing with the authority the copies of notices  sent  to  such  licensees  and/or  the  written list of delinquent retail licensees. The  authority  shall,  as  soon as practicable after each notification date,  compile, publish, and furnish each manufacturer and wholesaler  licensed  under  this chapter a delinquent list containing the names and addresses  of all retail licensees who have  been  reported  by  manufacturers  and  wholesalers  pursuant  to  the provisions of this section or section one  hundred one-aa of this article as  having  failed  to  make  payment  as  required  by  this section or section one hundred one-aa of this article  for beer or wine products  sold  or  delivered  to  them,  and  no  such  manufacturer  or wholesaler, on or after the fifth day after the receipt  of such delinquent list, shall knowingly, wilfully or intentionally sell  or deliver any beer or wine products to any  such  licensee  whose  name  appears  on  such  list, except for cash, until such time as the name of  such licensee is removed therefrom, except  as  otherwise  permitted  by  this  section.  The  receipt  of  a delinquent list by a manufacturer or  wholesaler shall  constitute  knowledge  of  the  names  of  the  retail  licensees  who  have failed to make payment for beer or wine products as  required by this section. The failure of any manufacturer or  wholesaler  to  comply with the provisions of this section may, at the discretion of  the authority, subject the license of such manufacturer or wholesaler to  suspension for not more than five days for the first  offense,  and  not  more  than  thirty  days  for  a  subsequent  offense. The authority may  publish the delinquent list on  its  website;  provided,  however,  that  access  shall  be  restricted  to  those  manufacturers  and wholesalers  licensed under  this  chapter.  Such  publication  shall  be  considered  receipt thereof by all manufacturers and wholesalers.    4.  In the event that any dispute shall exist between any manufacturer  or wholesaler and  a  retail  licensee  to  whom  such  manufacturer  or  wholesaler  shall have sold beer or wine products, either as to the fact  of payment or as to the amount due for such beer or wine products or  as  to  the  quantity  of the beer or wine products sold or delivered, which  dispute cannot be adjusted between them, the authority is authorized  to  receive  statements  from  each of the parties to such dispute as to the  facts and circumstances thereof and to determine  whether  or  not  such  retail licensee's name should be published on the delinquent list.    5.  The  authority  in  the case of a retail licensee who has actually  made payment for beer or wine products, or on good cause  shown  to  it,  may  permit  sales or deliveries to any retial licensee who has received  notice of default or who is named on any delinquent list, on terms other  than for cash, but within the limitations of this section, prior to  the  publication of the next delinquent list.    6.  The  license  of  any  retail  licensee  who  purchases or accepts  delivery of beer or wine products on any terms, other than  as  provided  in  this  section,  may be suspended for not more than five days for the  first offense and not more than thirty days for  a  subsequent  offense.  The  failure  of  any  such retail licensee to pay any amount in default  before the expiration of the period of suspension shall  be  deemed  and  punishable  as  a  subsequent  offense  until  paid.  In  addition,  the  authority may require any such retail licensee, after default in  making  payment  in  accordance  with  the  provisions  of  this section to make  payment in cash for beer or wine products subsequently delivered.    7. Nothing contained in this section shall be construed to require any  manufacturer or wholesaler to extend credit to any retail  licensee  nor  to  restrain  any  manufacturer or wholesaler from seeking to enforce by  legal action or otherwise, payment of any sum or sums of  money  due  oralleged  to  be  due  to any such manufacturer or wholesaler for beer or  wine products sold or delivered to any such retail licensee.    8. There shall be paid to the liquor authority by each person applying  after the effective date of this section for any license to sell beer or  wine  products  to  retailers or upon the renewal of such license, a sum  equivalent to ten per centum of the annual  license  fee  prescribed  by  this  chapter  for  each such licensee. Such moneys shall be used by the  authority to defray the expenses incurred in the administration of  this  section.    9.  Notwithstanding  the  law  in  effect at the time of the sale, the  final payment date for beer and/or  wine  products  sold  prior  to  the  effective date of this section for which payment has not been made shall  be  the first final payment date as determined by the provisions of this  section.