Bill Text: NY S03881 | 2019-2020 | General Assembly | Amended
Bill Title: Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-02-11 - PRINT NUMBER 3881C [S03881 Detail]
Download: New_York-2019-S03881-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3881--C 2019-2020 Regular Sessions IN SENATE February 20, 2019 ___________ Introduced by Sens. KAPLAN, GAUGHRAN, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Investi- gations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- 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 establishing a primary American source of supply for liquor and wine sold in this state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 35 of section 3 of the alcoholic beverage 2 control law is amended and three new subdivisions 23-a, 23-b and 23-c 3 are added to read as follows: 4 23-a. "Primary American source of supply" means (a) a manufacturer of 5 liquor or wine or its exclusive agent in the United States if such 6 liquor or wine can be secured directly from the manufacturer or its 7 exclusive agent by a wholesaler in the United States; or (b) if the 8 liquor or wine cannot be secured directly from such manufacturer or its 9 exclusive agent, the source closest to such manufacturer in the United 10 States when the brand enters the stream of commerce shall be the primary 11 American source of supply in the United States. 12 23-b. "Private collection" means (a) bottled wine that (i) was 13 purchased at retail or auction, (ii) is at minimum a vintage ten years 14 old at the time of sale, or if sparkling wine, is a minimum vintage of 15 fifteen years old at the time of sale, and (iii) was owned by a non-li- 16 censed person with proof of purchase, or (iv) is not price posted in New 17 York at the time of sale; or (b) a bottled liquor that is either (i) not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01255-11-0S. 3881--C 2 1 price posted in New York at the time of sale, (ii) is no longer in 2 production, or (iii) is contained in its original ceramic, lead, crystal 3 or similar collectible specialty container which is no longer being 4 offered for sale, or (iv) was bottled ten years prior to the date of 5 sale. 6 23-c. "Negociant" means third-party wine merchants based in France who 7 purchase stock directly from the producer with the authorization to mass 8 distribute around the world on a non-exclusive basis to any authorized 9 wholesaler to allow the resale of the wines into as many markets as 10 possible. 11 35. "Wholesaler" means any person who sells at wholesale any beverage 12 for the sale of which a license is required under the provisions of this 13 chapter. An "authorized wholesaler" is a wholesaler authorized by a 14 primary American source of supply to carry a specific brand of liquor or 15 wine in this state. 16 § 2. The alcoholic beverage control law is amended by adding a new 17 section 116-a to read as follows: 18 § 116-a. Primary American source of supply. 1. (a) The primary Ameri- 19 can source of supply at the time the wine or liquor becomes suitable for 20 wholesale or retail sale in New York or a wholesaler licensed under this 21 chapter who has been appointed its exclusive agent for such purpose, 22 shall file a form provided by the authority. Each brand of such liquor 23 or wine shall be individually listed on such registration. 24 (b) For wines purchased through a negociant, the primary American 25 source of supply is any wholesaler licensed under this chapter who shall 26 file a form provided by the authority. 27 2. With the exception of wines purchased through a negociant, the 28 authority shall allow only one primary American source of supply to 29 register any brand of liquor or wine. The primary American source of 30 supply may change the exclusive agent acting and cancel any authority 31 granted to a prior agent by filing a new authorization with the authori- 32 ty not less than forty days before the new authorization becomes effec- 33 tive. 34 3. A primary American source of supply or its exclusive agent shall 35 file with the authority the names of each authorized wholesaler permit- 36 ted to sell each brand of liquor or wine sold in this state. If the 37 primary American source of supply is a wholesaler, it may list itself 38 and other wholesalers as a wholesaler authorized to sell the brand. The 39 filing of a wholesale price posting, in accordance with section one 40 hundred one-b of this article, listing the names of the authorized 41 wholesalers shall be deemed compliance with this requirement. The 42 authorized wholesalers may be changed at any time at or prior to the 43 time a wholesale price posting is to be filed pursuant to such section. 44 If the primary American source of supply does not list any authorized 45 wholesalers, any licensed wholesaler may purchase the liquor or wine 46 from the primary American source of supply and sell the brand in this 47 state. 48 4. Except as set forth in subdivisions seven and eight of this section 49 or shipments of wine or liquor from a private collection made directly 50 to a resident of New York, no one shall ship or cause to be shipped into 51 this state, nor shall any wholesaler or retailer in this state receive, 52 any liquor or wine unless the primary American source of supply for such 53 liquor or wine (i) has registered such brand with the authority, (ii) 54 such registration has been approved by the authority, and (iii) the 55 brand is purchased from the primary American source of supply or an 56 authorized wholesaler.S. 3881--C 3 1 5. Except as set forth in subdivisions seven and eight of this 2 section, a wholesaler in this state shall not purchase, receive or be in 3 possession of any liquor or wine unless the wholesaler obtained the 4 liquor or wine directly from (i) a registered primary American source of 5 supply, (ii) a designated representative of the primary American source 6 of supply if the primary American source of supply is outside this 7 state, (iii) an authorized wholesaler or (iv) a negociant. 8 6. Nothing in this section shall be deemed to prohibit subsequent 9 intrastate sales, transfer, and invoicing of a brand of liquor or wine 10 between authorized wholesalers of that brand subsequent to the purchase 11 in this state from the primary American source of supply. 12 7. The authority shall allow a wholesaler to bring liquor or wine into 13 this state if the wholesaler certifies to the satisfaction of the 14 authority that the brand of liquor or wine comes from a manufacturer or 15 bottler that cannot, or has not and will not appoint a primary American 16 source of supply. 17 8. This section shall not apply to (i) a brand of liquor or wine owned 18 exclusively by one retailer and sold at retail within this state exclu- 19 sively by such retailer; or (ii) a product purchased by a wholesaler or 20 retailer from a private collection in accordance with sections eighty- 21 five and ninety-nine-g of this chapter consistent with the rules, regu- 22 lations, orders and advisories established by the authority. 23 9. The authority is authorized to perform such acts, prescribe forms, 24 and make rules, regulations, orders and advisories as it may deem neces- 25 sary or proper to fully effectuate the provisions of this section 26 including, but not limited to, establishing a format for recording the 27 primary American source of supply and its designees. 28 § 3. This act shall take effect on the ninetieth day after it shall 29 have become a law; provided, however, that effective immediately, the 30 addition, amendment and/or repeal of any rule or regulation necessary 31 for the implementation of this act on its effective date are authorized 32 and directed to be made and completed on or before such effective date.
