ยง 438. Sale of stamps authorized. 1. Notwithstanding any other
provision of this article, the tax commission may by regulation provide
that the taxes on alcoholic beverages shall be collected through the
sale of stamps, to be prepared and sold by it. The tax commission shall
have power to determine the form and denominations of such stamps and to
prescribe by regulation the manner and time of affixation of such stamps
to containers of alcoholic beverages. It may provide for the sale of
such stamps by duly authorized agents, but such stamps shall not be sold
by any person not so authorized. The penalties and interest for failure
to affix stamps, in case the same are prescribed by the tax commission,
shall be the same as the penalties and interest in this article provided
for failure to pay taxes. If stamps are so prescribed, any alcoholic
beverages in containers to which stamps are required to be affixed shall
be subject to confiscation by any duly authorized representative of the
tax commission, any peace officer, acting pursuant to his special
duties, or any police officer in case the stamps are not so affixed.
Alcoholic beverages so confiscated may be sold by the tax commission to
any person holding a proper license granted by the state liquor
authority, and the proceeds of any such sale shall be paid into the
treasury of the state.
2. In the event that stamps are prescribed all of the provisions of
this article shall apply, so far as they may be or can be made
applicable.
Structure New York Laws
Article 18 - Taxes on Alcoholic Beverages
421 - Registration of Distributors.
423 - Cancellation of Registration of Distributors.
425 - Special Provision as to Imposition of Taxes on Certain Alcoholic Beverages.
425-A - Presumption of Taxability.
426 - Records to Be Kept by Brand Owners, Distributors, Owners and Others.
427 - Requirement and Content of Invoice on the Sale of Liquors.
428 - Records and Reports of Transportation.
429 - Payment of Tax; Returns.
431 - Proceedings to Recover Tax.
432 - Tax to Be Paid but Once; Foreign and Interstate Commerce; Injunction.
434-A - Mailing Rules; Holidays.
435 - Deposit and Disposition of Revenue.
436 - General Powers of the Tax Commission.
438 - Sale of Stamps Authorized.
445 - Local Taxes on Beer and Liquor by a City of One Million or More.