Bill Text: NY A08210 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires that alcoholic beverages imported into New York be first delivered to a licensed New York state wholesaler and maintained at a premises or warehouse operated by the wholesaler for a period of twenty-four hours.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A08210 Detail]

Download: New_York-2019-A08210-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8210--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 7, 2019
                                       ___________

        Introduced  by  M.  of  A.  BENEDETTO, WOERNER, GRIFFIN -- read once and
          referred  to  the  Committee  on  Economic  Development  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          enacting the "beverage industry jobs act" relating 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. This act shall be known and may be cited as  the  "beverage
     2  industry jobs act".
     3    §  2. Legislative purpose. The legislature finds and declares that the
     4  proper regulation and control of the manufacture, sale and  distribution
     5  of  alcoholic  beverages  is in the best interest of the citizens of New
     6  York state. The legislature also believes it is in the interest  of  the
     7  citizens  of  New York state to promote and support the state's wine and
     8  craft spirits industry, a growing industry that  is  helping  to  revive
     9  local  economies  in  many  areas of the state. Helping the producers of
    10  alcoholic beverages while ensuring that all taxes are properly  paid  on
    11  all  wine  and liquor sales in the state will increase economic activity
    12  in the city and state, ensure that jobs that have left the  state  as  a
    13  result  of  the  lack  of  such  a law will return to the state and will
    14  increase tax revenue for the state that is currently  going  unpaid  and
    15  unaudited.
    16    §  3.  Paragraph  (a) of subdivision 1 of section 102 of the alcoholic
    17  beverage control law, as amended by chapter 210 of the laws of 2005,  is
    18  amended and a new paragraph (a-1) is added to read as follows:
    19    (a)  Except  as provided in section seventy-nine-c of this chapter, no
    20  alcoholic beverages shall be shipped into  the  state  unless  the  same
    21  shall  be  consigned  to  a person duly licensed hereunder to traffic in
    22  alcoholic beverages. No such alcoholic beverages shall be delivered to a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11851-03-9
        A. 8210--A                          2

     1  retail licensee other than from inventory stored at a premises or  ware-
     2  house  located in this state that is owned, rented or leased by a whole-
     3  saler licensed by the state of New York. Such inventory shall be  deemed
     4  to include only alcoholic beverages which shall have been stored in such
     5  premises  or  warehouse  for a period of at least twenty-four continuous
     6  hours. This prohibition shall apply to all shipments of alcoholic bever-
     7  ages into New York state and includes importation  or  distribution  for
     8  commercial purposes, for personal use, or otherwise, and irrespective of
     9  whether  such  alcoholic  beverages were purchased within or without the
    10  state, provided, however, this prohibition shall not apply to any  ship-
    11  ment consigned to a New York resident who has personally purchased alco-
    12  holic beverages for his personal use while outside the United States for
    13  a  minimum  period  of  forty-eight  consecutive  hours and which he has
    14  shipped as consignor to himself as consignee. Purchases made outside the
    15  United States by persons other than the  purchaser  himself,  regardless
    16  whether made as his agent, or by his authorization or on his behalf, are
    17  deemed  not to have been personally purchased within the meaning of this
    18  paragraph.
    19    (a-1) Any wine or distilled spirits produced in the state of New  York
    20  are deemed to be in compliance with the requirements of paragraph (a) of
    21  this subdivision.
    22    §  4. This act shall take effect on the first of January next succeed-
    23  ing the date on which it shall have become a law.