Bill Text: NY A00895 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to reciprocal wine shipping privileges.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-01-28 - enacting clause stricken [A00895 Detail]

Download: New_York-2021-A00895-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           895

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A. PAULIN, LUPARDO, GOTTFRIED, QUART, ZEBROWSKI,
          McDONOUGH, MONTESANO, BYRNE -- Multi-Sponsored by -- M. of A. M. MILL-
          ER, THIELE, WALSH -- read  once  and  referred  to  the  Committee  on
          Economic Development

        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          reciprocal wine shipping privileges

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 79-c of the alcoholic beverage
     2  control law, as amended by chapter 184 of the laws of 2005,  is  amended
     3  to read as follows:
     4    1. Authorization.  Notwithstanding any provision of law, rule or regu-
     5  lation  to  the contrary, any holder of a license to manufacture wine or
     6  any holder of a retail license to sell wine  for  off-premises  consump-
     7  tion,  in  any  other state who obtains an out-of-state direct shipper's
     8  license, as provided in this section, may ship no more  than  thirty-six
     9  cases  (no  more than nine liters each case) of wine produced or sold by
    10  such license holder per year directly to a resident of New York  who  is
    11  at  least  twenty-one years of age, for such resident's personal use and
    12  not for resale, provided the state in which such person is  so  licensed
    13  affords  lawful means for shipments of wine to be received by a resident
    14  thereof who is at least twenty-one years of  age,  for  such  resident's
    15  personal use and not for resale, from a person licensed in this state as
    16  a  manufacturer or retail licensee and, provided further, that the state
    17  in which such out-of-state winery or retail premises is located  affords
    18  to  New  York  state  winery and farm winery licensees or New York state
    19  retail licensees reciprocal shipping privileges, meaning shipping privi-
    20  leges that  are  substantially  similar  to  the  requirements  in  this
    21  section. No person shall place an order for shipment of wine unless they
    22  are  twenty-one  years of age or older. Any common carrier with a permit

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02007-01-1
        A. 895                              2

     1  issued pursuant to this chapter  to  whom  such  out-of-state  shipper's
     2  license  is  presented  is  authorized  to  make  delivery  of shipments
     3  provided for hereunder in this state in compliance with this section.
     4    §  2.  Subdivision 2 of section 79-c of the alcoholic beverage control
     5  law, as amended by chapter 221 of the laws of 2011, is amended  to  read
     6  as follows:
     7    2.  License.  Before  sending  any shipment hereunder to a resident in
     8  this state, the out-of-state shipper shall first obtain a  license  from
     9  the  authority  under  procedures prescribed by rules and regulations of
    10  the authority and after providing the authority with a true copy of  its
    11  current  license  to  manufacture  wine or its current retail license to
    12  sell wine for off-premises consumption in the applicant's state of domi-
    13  cile along with a copy of the applicant's  federal  basic  permit  after
    14  payment  of  an  annual fee of one hundred twenty-five dollars. Notwith-
    15  standing the provisions of section one hundred ten of this chapter,  the
    16  authority in its discretion, may excuse an out-of-state winery or retail
    17  licensee from the submission of such information.
    18    §  3.  Paragraph (a) of subdivision 3 of section 79-c of the alcoholic
    19  beverage control law, as amended by chapter 221 of the laws of 2011,  is
    20  amended to read as follows:
    21    (a)  ship no more than thirty-six cases (no more than nine liters each
    22  case) per year of wine produced or sold by such license holder  directly
    23  to  a  New  York state resident who is at least twenty-one years of age,
    24  for such resident's personal use and not for resale;
    25    § 4. This act shall take effect on the ninetieth day  after  it  shall
    26  have become a law.