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.