Bill Text: NY A02981 | 2011-2012 | General Assembly | Introduced

---

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.