Bill Text: NY A10407 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes manufacturers and wholesalers to offer quantity discounts to retailers on different sized bottles of certain similar wines or liquors from the same manufacturer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-19 - referred to economic development [A10407 Detail]

Download: New_York-2017-A10407-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10407
                   IN ASSEMBLY
                                     April 19, 2018
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  the  offering  by  wholesalers  of  quantity discounts on
          different sized bottles of the same type of liquor or wine
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (b)  of  subdivision 3 of section 101-b of the
     2  alcoholic beverage control law, as amended by section 1  of  part  E  of
     3  chapter 56 of the laws of 2006, is amended to read as follows:
     4    (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a
     5  retailer unless a schedule, as provided by this section, is  transmitted
     6  to  and  received  by  the liquor authority, and is then in effect. Such
     7  schedule shall be transmitted to the authority  in  such  form,  manner,
     8  medium  and  format  as  the  authority may direct; shall be deemed duly
     9  verified by the person submitting such schedule upon its transmission to
    10  the authority; and shall contain, with respect to each item,  the  exact
    11  brand  or  trade  name, capacity of package, nature of contents, age and
    12  proof where stated on the label, the number of bottles contained in each
    13  case, the bottle and case price to retailers, the net  bottle  and  case
    14  price paid by the seller, which prices, in each instance, shall be indi-
    15  vidual  for  each item and not in "combination" with any other item, the
    16  discounts for quantity, if any, and the discounts for time  of  payment,
    17  if  any.   Provided, however, that for the purposes of offering quantity
    18  discounts of two cases or more to retailers, different  products  and/or
    19  different  sized bottles with the same brand or trade name, and the same
    20  class and type that are price scheduled by one brand owner,  or  by  the
    21  licensed  wholesale agent for one brand owner, if the brand owner is not
    22  licensed by the authority, or with the approval of the authority,  by  a
    23  wholesaler, may be combined. For the purpose of this paragraph, a "class
    24  and  type  of a brand or trade name distilled spirit" shall also include
    25  the flavored product composed of that same class and type  of  distilled
    26  spirit.  For the purposes of this paragraph, "brand or trade name" shall
    27  mean the name under which a product is commonly marketed and sold to the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13720-01-7
        A. 10407                            2
     1  general public, but shall not include a branded product marketed under a
     2  fanciful name which fanciful name, in addition to or in part, is in lieu
     3  of, the brand or trade name. Products  from  the  same  manufacturer  or
     4  supplier  shall  not  be  combined  for the purpose of offering quantity
     5  discounts unless such products of the same class and type  are  marketed
     6  and  sold  under the same brand or trade name, and shall not be combined
     7  with products of another manufacturer or supplier. Such brand of  liquor
     8  or wine shall not be sold to retailers except at the price and discounts
     9  then  in  effect  unless  prior  written  permission of the authority is
    10  granted for good cause shown and for reasons not inconsistent  with  the
    11  purpose  of  this  chapter.  Such  schedule shall be transmitted by each
    12  manufacturer selling such brand to  retailers  and  by  each  wholesaler
    13  selling such brand to retailers.
    14    §  2. This act shall take effect on the first of January next succeed-
    15  ing the date on which it shall have become a law.