Bill Text: NY A05125 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the shipment of alcoholic beverages into the state.
Spectrum: Partisan Bill (Democrat 29-1)
Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A05125 Detail]
Download: New_York-2013-A05125-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5125
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
shipment of alcoholic beverages into the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative purpose. The legislature finds and declares
2 that the proper regulation and control of the manufacture, sale and
3 distribution of alcoholic beverages is in the best interest of the citi-
4 zens of New York state. In furtherance of this policy the legislature
5 finds that requiring alcoholic beverage products to be maintained in a
6 warehouse owned or leased by a licensed New York state wholesaler for
7 twenty-four hours will allow the state liquor authority and the New York
8 state department of taxation and finance to verify the legality of such
9 product and the proper payment of taxes on such product.
10 S 2. Paragraph (a) of subdivision 1 of section 102 of the alcoholic
11 beverage control law, as amended by chapter 210 of the laws of 2005, is
12 amended to read as follows:
13 (a) Except as provided in section seventy-nine-c of this chapter, no
14 alcoholic beverages shall be shipped into the state unless the same
15 shall be consigned to a person duly licensed hereunder to traffic in
16 alcoholic beverages. NO SUCH ALCOHOLIC BEVERAGES SHALL BE DELIVERED TO
17 A RETAIL LICENSEE OTHER THAN FROM INVENTORY STORED AT A PREMISES OR
18 WAREHOUSE LOCATED IN THIS STATE THAT IS OWNED, RENTED OR LEASED BY A
19 WHOLESALER LICENSED BY THE STATE OF NEW YORK. SUCH INVENTORY SHALL BE
20 DEEMED TO INCLUDE ONLY ALCOHOLIC BEVERAGES WHICH SHALL HAVE BEEN STORED
21 IN SUCH PREMISES OR WAREHOUSE FOR AT LEAST A PERIOD OF TWENTY-FOUR
22 CONTINUOUS HOURS. This prohibition shall apply to all shipments of alco-
23 holic beverages into New York state and includes importation or distrib-
24 ution for commercial purposes, for personal use, or otherwise, and irre-
25 spective of whether such alcoholic beverages were purchased within or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08641-01-3
A. 5125 2
1 without the state, provided, however, this prohibition shall not apply
2 to any shipment consigned to a New York resident who has personally
3 purchased alcoholic beverages for his personal use while outside the
4 United States for a minimum period of forty-eight consecutive hours and
5 which he has shipped as consignor to himself as consignee. Purchases
6 made outside the United States by persons other than the purchaser
7 himself, regardless whether made as his agent, or by his authorization
8 or on his behalf, are deemed not to have been personally purchased with-
9 in the meaning of this paragraph.
10 S 3. This act shall take effect on the first of January next succeed-
11 ing the date on which it shall have become a law.
