Bill Text: NY A02981 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires that alcoholic beverages shipped into this state from any state that requires out of state shipments of alcoholic beverages to be consigned to a licensee of that state and stored upon the premises of such licensee, shall be so consigned and stored in this state.
Spectrum: Partisan Bill (Democrat 44-1)
Status: (Introduced - Dead) 2012-01-04 - referred to economic development [A02981 Detail]
Download: New_York-2011-A02981-Introduced.html
Bill Title: Requires that alcoholic beverages shipped into this state from any state that requires out of state shipments of alcoholic beverages to be consigned to a licensee of that state and stored upon the premises of such licensee, shall be so consigned and stored in this state.
Spectrum: Partisan Bill (Democrat 44-1)
Status: (Introduced - Dead) 2012-01-04 - referred to economic development [A02981 Detail]
Download: New_York-2011-A02981-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2473 A. 2981 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 21, 2011 ___________ IN SENATE -- Introduced by Sen. MAZIARZ -- read twice and ordered print- ed, and when printed to be committed to the Committee on Investi- gations and Government Operations IN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry 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. Paragraphs (a) and (b) of subdivision 1 of section 102 of 2 the alcoholic beverage control law, as amended by chapter 210 of the 3 laws of 2005, are amended to read as follows: 4 (a) (I) Except as provided in section seventy-nine-c of this chapter, 5 SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, no 6 alcoholic beverages shall be shipped into the state unless the same 7 shall be consigned to a person duly licensed [hereunder] PURSUANT TO 8 THIS CHAPTER to traffic in alcoholic beverages. [This] EXCEPT AS OTHER- 9 WISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THIS prohibition 10 shall apply to all shipments of alcoholic beverages into New York state 11 and includes importation or distribution for commercial purposes, for 12 personal use, or otherwise, and irrespective of whether such alcoholic 13 beverages were purchased within or without the state, provided, however, 14 this prohibition shall not apply to any shipment consigned to a New York 15 resident who has personally purchased alcoholic beverages for his 16 personal use while outside the United States for a minimum period of 17 forty-eight consecutive hours and which he has shipped as consignor to 18 himself as consignee. Purchases made outside the United States by 19 persons other than the purchaser himself, regardless whether made as his EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06462-01-1 S. 2473 2 A. 2981 1 agent, or by his authorization or on his behalf, are deemed not to have 2 been personally purchased within the meaning of this paragraph. 3 (II) WITH RESPECT TO ANY STATE THAT PROHIBITS THE OUT-OF-STATE SHIP- 4 MENT OF ALCOHOLIC BEVERAGES TO ANYONE OTHER THAN A LICENSEE OF THE STATE 5 AND FURTHER REQUIRES THAT SUCH ALCOHOLIC BEVERAGES BE STORED AT A PREM- 6 ISES OR WAREHOUSE LOCATED WITHIN SUCH STATE MAINTAINED BY SUCH LICENSEE, 7 NO ALCOHOLIC BEVERAGES SHALL BE SHIPPED FROM SAID STATE, INTO THIS STATE 8 UNLESS THE SAME SHALL BE CONSIGNED TO A PERSON DULY LICENSED AS A WHOLE- 9 SALER OF ALCOHOLIC BEVERAGES IN THIS STATE. IN SUCH INSTANCES, SUCH 10 ALCOHOLIC BEVERAGES SHALL BE STORED AT A PREMISES OR WAREHOUSE LOCATED 11 IN THIS STATE AND MAINTAINED BY A LICENSED WHOLESALER FOR NOT LESS THAN 12 FORTY-EIGHT HOURS BEFORE DELIVERY TO A RETAIL LICENSEE. 13 (b) Except as provided in section seventy-nine-c of this chapter, no 14 common carrier or other person shall bring or carry into the state any 15 alcoholic beverages, unless the same shall be consigned, IN ACCORDANCE 16 WITH PARAGRAPH (C) OF THIS SUBDIVISION, to a person duly licensed [here- 17 under] PURSUANT TO THIS CHAPTER to traffic in alcoholic beverages, 18 provided, however, that alcoholic beverages may be delivered by a truck- 19 ing permittee from a steamship or railroad station or terminal to a New 20 York resident who has personally purchased alcoholic beverages for his 21 personal use while outside the United States for a minimum period of 22 forty-eight consecutive hours, and which he has shipped as consignor to 23 himself as consignee, and except as so stated, no trucking permittee 24 shall accept for delivery, deliver or transport from a steamship or 25 railroad station or terminal any shipment of alcoholic beverages 26 consigned to a non-licensed person having his home or business in New 27 York state. Purchases of alcoholic beverages made outside the United 28 States by persons other than the purchaser himself, regardless whether 29 made as his agent, or by his authorization or on his behalf, are deemed 30 not to have been personally purchased within the meaning of this para- 31 graph. 32 S 2. This act shall take effect on the first of January next succeed- 33 ing the date on which it shall have become a law.