N.Y. Comp. Codes R. & Regs. tit. 6 § 367.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 367.4 - Sales of beverages in beverage containers for on-premises consumption

(a) A person who sells beverages in beverage containers for on-premises consumption only is not a dealer for purposes of this Part. However, a person who engages in any sales of beverages in beverage containers for off-premises consumption becomes a dealer for purposes of this Part. Such dealer must charge a deposit on all such sales for off-premises consumption.

(b) A deposit must be charged on all sales of beverages in beverage containers to a person who sells beverages in beverage containers only for on-premises consumption. However, a consumer who purchases such a beverage for on-premises consumption need not be charged a deposit on the beverage container provided the consumer does not remove the container from such premises.

(c) All beverage containers containing beverages sold for on-premises consumption must comply with section 367.3 of this Part and must bear the indication of refund value required by section 367.8 of this Part, regardless of whether or not the beverage is served to the consumer in the original container.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 367.4