Bill Text: NY A02222 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the shipment of alcoholic beverages into this state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-05-20 - enacting clause stricken [A02222 Detail]

Download: New_York-2013-A02222-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2222
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
         tee on Economic Development
       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  zen  of  New  York  state. In furtherance of this policy the legislature
    5  finds that requiring alcoholic beverage products to be maintained  in  a
    6  warehouse  owned  or  leased by a licensed New York state wholesaler for
    7  forty-eight hours will allow the state liquor authority and the New York
    8  state department of taxation and finance to verify the legality of  such
    9  product and the proper payment of taxes on such product.
   10    S  2.  Paragraph  (a) of subdivision 1 of section 102 of the alcoholic
   11  beverage control law, as amended by chapter 210 of the laws of 2005,  is
   12  amended to read as follows:
   13    (a)  Except  as provided in section seventy-nine-c of this chapter, no
   14  alcoholic beverages shall be shipped into  the  state  unless  the  same
   15  shall  be  consigned  to  a person duly licensed hereunder to traffic in
   16  alcoholic beverages. SUCH ALCOHOLIC BEVERAGES SHALL BE STORED AT A PREM-
   17  ISES OR WAREHOUSE LOCATED IN THIS STATE THAT IS OWNED  OR  LEASED  BY  A
   18  WHOLESALER  LICENSED  BY  NEW  YORK  STATE FOR NOT LESS THAN FORTY-EIGHT
   19  HOURS BEFORE DELIVERY TO A RETAIL LICENSEE. This prohibition shall apply
   20  to all shipments of alcoholic beverages into New York state and includes
   21  importation or distribution for commercial purposes, for  personal  use,
   22  or  otherwise, and irrespective of whether such alcoholic beverages were
   23  purchased within or without the state, provided, however, this  prohibi-
   24  tion  shall  not  apply to any shipment consigned to a New York resident
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04625-01-3
       A. 2222                             2
    1  who has personally purchased alcoholic beverages for  his  personal  use
    2  while  outside  the  United  States  for a minimum period of forty-eight
    3  consecutive hours and which he has shipped as consignor  to  himself  as
    4  consignee.  Purchases  made  outside  the United States by persons other
    5  than the purchaser himself, regardless whether made as his agent, or  by
    6  his  authorization  or  on  his  behalf,  are  deemed  not  to have been
    7  personally purchased within the meaning of this paragraph.
    8    S 3. This act shall take effect on the first of January next  succeed-
    9  ing the date on which it shall have become a law.