New rules for close-out sales of wine and liquor

A close-out sale is defined as (a type of limited availability sale)

  • When a manufacturer will sell all of its remaining inventory
  • Price is at least 10% lower than prior month’s price posting
  • Product must have been offered for sale in NY for at least 6 months

The price posting must be accompanied by a method of allocation statement that is filed electronically at Different allocation methods can be used for on-premises and off-premises as long as all retailers in that class pay the same price. Mid-month close-out sales are not permitted. When there is an unexpected demand during the month, a plan can be sent to that restricts purchases to a single bottle.

Limited availability sales and close-out sales cannot be given quantity discounts.

For more information, refer to State Liquor Authority Advisory 2014-4.