Bill Text: NY S05989 | 2019-2020 | General Assembly | Introduced

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 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05989 Detail]

Download: New_York-2019-S05989-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019

        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        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. The legislature  also  believes  it  is  in  the
     5  interest  of  the  citizens of New York state to promote and support the
     6  state's wine and craft spirits industry. In furtherance of  these  poli-
     7  cies the legislature finds that requiring alcoholic beverage products to
     8  be  maintained  in  a  warehouse  owned or leased by a licensed New York
     9  state wholesaler for twenty-four  hours  will  allow  the  state  liquor
    10  authority  and  the New York state department of taxation and finance to
    11  verify the legality of such product and the proper payment of  taxes  on
    12  such product.
    13    §  2.  Paragraph  (a) of subdivision 1 of section 102 of the alcoholic
    14  beverage control law, as amended by chapter 210 of the laws of 2005,  is
    15  amended to read as follows:
    16    (a)  Except  as provided in section seventy-nine-c of this chapter, no
    17  alcoholic beverages shall be shipped into  the  state  unless  the  same
    18  shall  be  consigned  to  a person duly licensed hereunder to traffic in
    19  alcoholic beverages. No such alcoholic beverages shall be delivered to a
    20  retail licensee other than from inventory stored at a premises or  ware-
    21  house  located in this state that is owned, rented or leased by a whole-
    22  saler licensed by the state of New York. Such inventory shall be  deemed
    23  to include only alcoholic beverages which shall have been stored in such
    24  premises  or  warehouse  for a period of at least twenty-four continuous

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5989                             2

     1  hours. This prohibition shall apply to all shipments of alcoholic bever-
     2  ages into New York state and includes importation  or  distribution  for
     3  commercial purposes, for personal use, or otherwise, and irrespective of
     4  whether  such  alcoholic  beverages were purchased within or without the
     5  state, provided, however, this prohibition shall not apply to any  ship-
     6  ment consigned to a New York resident who has personally purchased alco-
     7  holic beverages for his personal use while outside the United States for
     8  a  minimum  period  of  forty-eight  consecutive  hours and which he has
     9  shipped as consignor to himself as consignee. Purchases made outside the
    10  United States by persons other than the  purchaser  himself,  regardless
    11  whether made as his agent, or by his authorization or on his behalf, are
    12  deemed  not to have been personally purchased within the meaning of this
    13  paragraph.
    14    § 3. This act shall take effect on the first of January next  succeed-
    15  ing the date on which it shall have become a law.