✓ Permitted
Sample Bottle Decanting
SRSW pours from sealed retail bottles into smaller, labeled 150 mL sample bottles kept on trays behind the tasting bar. Each customer pour comes from the smaller sample bottle, not directly from the original retail bottle.
Statutory posture
NY ABC Law § 105(11), invoking § 76(2), authorizes opening sealed bottles for sampling on the licensed premises. The statute does not require the customer pour to come directly from the original retail bottle. Decanting into a smaller serving vessel is within the sampling authority so long as the sample bottle's contents are traceable to the original source product.
Operational guardrail (the NYSLA expectation)
Sample bottles must be labeled to identify the source product. An inspector picking up any sample bottle on the tray should be able to match it back to a sealed-bottle purchase in SRSW's inventory.
Current label practice
Labels are written by hand at the time of decant — typically just the product name in marker. Spellings are not always consistent with the LightningPOS canonical product name, which weakens traceability.
Required improvement
Move to printed labels (Brother P-touch or DYMO at the bar) with three lines per bottle:
- SRSW SAMPLE · NOT FOR SALE — header identifying the bottle as sampling stock
- Exact product name — matching the LightningPOS canonical (same string as the Sample Index sheet and the retail bottle, no abbreviations, no corrected spellings)
- Category and date opened — for shelf-sort and back-stock freshness rotation
Names print directly from the Sample Index sheet, which eliminates the misspelling risk and gives any inspector a clean read on what's in each bottle.
✓ Permitted
Refilling From Back-Stock
When a 150 mL sample bottle runs low, SRSW refills it from an already-opened retail bottle of the same product kept in back stock.
Statutory posture
Once a sealed retail bottle has been lawfully opened under § 105(11), it is "sampling stock." The statute does not require each pour to come from a freshly-opened bottle, nor does it limit the number of times a sample bottle may be refilled from open back-stock of the same SKU.
Operational guardrail
Wine and cider in opened back-stock oxidize within days. Rotate back-stock so the sample pour represents what a customer would taste from a fresh bottle. Spirits remain stable indefinitely once opened.
◇ Permitted — Conditions Apply
Trade Samples From Distributors — New Brands
When a wholesaler representative provides a free bottle of a product SRSW does not currently carry, for staff and customers to evaluate before SRSW decides whether to stock it on the retail shelf.
Statutory posture
Federal `27 CFR 6.95` carves out a legitimate "sample" exception from the otherwise-broad tied-house prohibition. NY ABC Law and NYSLA follow the federal framework.
Conditions for legitimacy
- Brand has not been purchased from that wholesaler in the preceding 12 months
- Volume within statutory annual caps (small-bottle quantities per brand per retailer — verify current TTB figures; amendments since 2020)
- Bottle marked "sample, not for sale"
- Wholesaler retains a record of the sample provided