Bill Text: NY A03132 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes the direct intrastate and interstate shipment of liquor, cider, mead, and braggot; relates to direct shipments of wine.
Spectrum: Slight Partisan Bill (Democrat 34-20)
Status: (Introduced) 2024-06-07 - substituted by s2852a [A03132 Detail]
Download: New_York-2023-A03132-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3132--A 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. LUPARDO, THIELE, STERN, BENDETT, MANKTELOW, BARRETT, BUTTENSCHON, LUNSFORD, SANTABARBARA, MAGNARELLI, OTIS, ZINER- MAN, DURSO, PALMESANO, MAHER, BRABENEC, SMULLEN, SIMPSON, FLOOD, SIMON, CLARK, FAHY, DAVILA -- Multi-Sponsored by -- M. of A. LEVENBERG -- read once and referred to the Committee on Economic Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to authorizing the direct intrastate and interstate shipment of liquor, cider, mead, and braggot and relates to direct shipments of wine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 3 of section 107-a 2 of the alcoholic beverage control law, as amended by chapter 354 of the 3 laws of 2013, is amended to read as follows: 4 No alcoholic beverage shall be offered or advertised for sale in this 5 state, including direct interstate shipments under this chapter, unless: 6 § 2. The alcoholic beverage control law is amended by adding two new 7 sections 68 and 69 to read as follows: 8 § 68. Direct interstate liquor shipments. 1. Authorization. Notwith- 9 standing any provision of law, rule or regulation to the contrary, any 10 holder of a license to manufacture liquor in any other state that is 11 equivalent in class and/or production capacity per year to those 12 licenses authorized to make direct intrastate liquor shipments under 13 section sixty-nine of this article, who obtains an out-of-state direct 14 shipper's license, as provided in this section, may ship no more than 15 thirty-six cases (no more than nine liters each case) of liquor produced 16 by such license holder per year directly to a resident of New York who 17 is at least twenty-one years of age, for such resident's personal use 18 and not for resale, provided the state in which such person is so 19 licensed affords lawful means for shipments of liquor to be received by 20 a resident thereof who is at least twenty-one years of age, for such 21 resident's personal use and not for resale, from a person licensed in 22 this state as a manufacturer and, provided further, that the state in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06487-04-3A. 3132--A 2 1 which such out-of-state distillery is located affords to New York state 2 licensed manufacturers with the privilege of producing liquor reciprocal 3 shipping privileges, meaning shipping privileges that are substantially 4 similar to the requirements in this section. No person shall place an 5 order for shipment of liquor unless they are twenty-one years of age or 6 older. Any common carrier with a permit issued pursuant to this chapter 7 to whom such out-of-state shipper's license is presented is authorized 8 to make delivery of shipments provided for hereunder in this state in 9 compliance with this section. 10 2. License. Before sending any shipment hereunder to a resident in 11 this state, the out-of-state shipper shall first obtain a license from 12 the authority under procedures prescribed by rules and regulations of 13 the authority and after providing the authority with a true copy of its 14 current license to manufacture liquor in the applicant's state of domi- 15 cile along with a copy of the applicant's federal basic permit after 16 payment of an annual fee of one hundred twenty-five dollars. Notwith- 17 standing the provisions of section one hundred ten of this chapter, the 18 authority in its discretion, may excuse an out-of-state distillery from 19 the submission of such information. 20 3. Licensee's responsibilities. The holder of an out-of-state direct 21 shipper's license: 22 (a) shall ship no more than thirty-six cases (no more than nine liters 23 each case) per year of liquor produced by such license holder directly 24 to a New York state resident who is at least twenty-one years of age, 25 for such resident's personal use and not for resale; 26 (b) may ship within the same packaging any and all alcoholic beverages 27 it lawfully produces and which it sells in accordance with its shipping 28 privileges and responsibilities pursuant to the provisions of this 29 section and sections thirty-five, fifty-nine-b, and seventy-nine-c of 30 this chapter, as applicable; 31 (c) shall ensure that the outside of each shipping container used to 32 ship liquor directly to a New York resident is conspicuously labeled 33 with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 34 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other 35 language specifically approved by the New York state liquor authority; 36 (d) shall maintain records in such manner and form as the authority 37 may direct, showing the total amount of liquor shipped into the state 38 each calendar year; the names and addresses of the purchasers to whom 39 the liquor was shipped, the date purchased, the name of the common 40 carrier used to deliver the liquor, and the quantity and value of each 41 shipment; 42 (e) shall in connection with the acceptance of an order for a delivery 43 of liquor to a New York resident, require the prospective customer to 44 represent that he or she has attained the age of twenty-one years or 45 more and that the liquor being purchased will not be resold or intro- 46 duced into commerce; 47 (f) shall require common carriers to: 48 (i) require a recipient, at the delivery address, upon delivery, to 49 demonstrate that the recipient is at least twenty-one years of age by 50 providing a valid form of photographic identification authorized by 51 section sixty-five-b of this article; 52 (ii) require a recipient to sign an electronic or paper form or other 53 acknowledgement of receipt as approved by the authority; and 54 (iii) refuse delivery when the proposed recipient appears to be under 55 twenty-one years of age and refuses to present valid identification as 56 required by subparagraph (i) of this paragraph;A. 3132--A 3 1 (g) shall file returns with and pay to the New York state department 2 of taxation and finance all state and local sales taxes and excise taxes 3 due on sales into this state in accordance with the applicable 4 provisions of the tax law relating to such taxes, the amount of such 5 taxes to be determined on the basis that each sale in this state was at 6 the location where delivery is made; 7 (h) shall keep all records required by this section for three years 8 and provide copies of such records, upon written request, to the author- 9 ity or the department of taxation and finance; 10 (i) shall permit the authority or the department of taxation and 11 finance to perform an audit of such out-of-state shipper upon request; 12 (j) shall execute a written consent to the jurisdiction of this state, 13 its agencies and instrumentalities and the courts of this state concern- 14 ing enforcement of this section and any related laws, rules, or regu- 15 lations, including tax laws, rules or regulations; and 16 (k) shall prior to obtaining an out-of-state direct shipper's license, 17 obtain a certificate of authority pursuant to section eleven hundred 18 thirty-four of the tax law and a registration as a distributor pursuant 19 to sections four hundred twenty-one and four hundred twenty-two of the 20 tax law. 21 4. Situs. Delivery of a shipment in this state by the holder of an 22 out-of-state direct shipper's license shall be deemed to constitute a 23 sale in this state at the place of delivery and shall be subject to all 24 excise taxes levied pursuant to section four hundred twenty-four of the 25 tax law and all sales taxes levied pursuant to articles twenty-eight and 26 twenty-nine of such law. 27 5. Renewal. The out-of-state shipper may annually renew its license 28 with the authority by paying a one hundred twenty-five dollar renewal 29 fee, providing the authority with a true copy of its current license in 30 such other state as an alcoholic beverage manufacturer and by complying 31 with such other procedures as are prescribed by rule of the authority. 32 6. Rules and regulations. The authority and the department of taxation 33 and finance may promulgate rules and regulations to effectuate the 34 purposes of this section. 35 7. Enforcement. The authority may enforce the requirements of this 36 section including the requirements imposed on the common carrier, by 37 administrative proceedings to suspend or revoke an out-of-state ship- 38 per's license and the authority may accept payment of an administrative 39 fine in lieu of suspension, such payments to be determined by rules or 40 regulations promulgated by the authority. In addition, the authority or 41 the attorney general of the state of New York shall report violations of 42 this section, where appropriate, to the United States department of 43 treasury, tax and trade bureau, for administrative action to suspend or 44 revoke the federal basic permit. 45 8. Violations. In any action brought under this section, the common 46 carrier and the licensee shall only be held liable for their independent 47 acts. 48 § 69. Direct intrastate liquor shipments. Any person having applied 49 for and received a class A-1, class B-1, class C, or class D distiller 50 license under section sixty-one of this article may ship no more than 51 thirty-six cases (no more than nine liters per case) of liquor produced 52 by such licensee per year directly to a New York state resident who is 53 at least twenty-one years of age, for such resident's personal use and 54 not for resale. 55 1. Licensee's shipping responsibilities. Notwithstanding any provision 56 to the contrary contained in this chapter, any above referred licensee:A. 3132--A 4 1 (a) shall ship no more than thirty-six cases (no more than nine liters 2 per case) per year of liquor produced by such license holder directly to 3 a New York state resident who is at least twenty-one years of age, for 4 such resident's personal use and not for resale; 5 (b) may ship within the same packaging any and all alcoholic beverages 6 it lawfully produces and which it sells in accordance with its shipping 7 privileges and responsibilities pursuant to the provisions of this 8 section and sections thirty-six, fifty-nine-c, and seventy-nine-d of 9 this chapter, as applicable; 10 (c) shall ensure that the outside of each shipping container used to 11 ship liquor directly to a New York state resident is conspicuously 12 labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF 13 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with 14 other language specifically approved by the New York state liquor 15 authority; 16 (d) shall maintain records in such manner and form as the authority 17 may direct showing the total amount of liquor shipped in the state each 18 calendar year, the names and addresses of the purchasers to whom the 19 liquor was shipped, the date purchased, the name of the common carrier 20 used to deliver the liquor, and the quantity and value of each shipment. 21 Such records shall be kept for three years and, upon written request, be 22 provided to the authority or the department of taxation and finance; 23 (e) shall in connection with the acceptance of an order for a delivery 24 of liquor to a New York resident, require the prospective customer to 25 represent that he or she has attained the age of twenty-one years or 26 more and that the liquor being purchased will not be resold or intro- 27 duced into commerce; and 28 (f) shall require common carriers to: 29 (i) require a recipient, at the delivery address, upon delivery, to 30 demonstrate that the recipient is at least twenty-one years of age by 31 providing a valid form of photographic identification authorized by 32 section sixty-five-b of this article; 33 (ii) require a recipient to sign an electronic or paper form or other 34 acknowledgment of receipt as approved by the authority; and 35 (iii) refuse delivery when the proposed recipient appears to be under 36 twenty-one years of age and refuses to present valid identification as 37 required by paragraph (a) of this subdivision. 38 2. Violations. In any action brought under this section, the common 39 carrier and the licensee shall only be held liable for their independent 40 acts. 41 § 3. The alcoholic beverage control law is amended by adding two new 42 sections 59-b and 59-c to read as follows: 43 § 59-b. Direct interstate cider shipments. 1. Authorization. Notwith- 44 standing any provision of law, rule or regulation to the contrary, any 45 holder of a license to manufacture cider in any other state who obtains 46 an out-of-state direct shipper's license, as provided in this section, 47 may ship no more than thirty-six cases (no more than nine liters each 48 case) of cider produced by such license holder per year directly to a 49 resident of New York who is at least twenty-one years of age, for such 50 resident's personal use and not for resale, provided the state in which 51 such person is so licensed affords lawful means for shipments of cider 52 to be received by a resident thereof who is at least twenty-one years of 53 age, for such resident's personal use and not for resale, from a person 54 licensed in this state as a manufacturer and, provided further, that the 55 state in which such out-of-state cider producer is located affords to 56 New York state licensed manufacturers with the privilege of producingA. 3132--A 5 1 cider reciprocal cider shipping privileges, meaning shipping privileges 2 that are substantially similar to the requirements in this section. No 3 person shall place an order for shipment of cider unless they are twen- 4 ty-one years of age or older. Any common carrier with a permit issued 5 pursuant to this chapter to whom such out-of-state shipper's license is 6 presented is authorized to make delivery of shipments provided for here- 7 under in this state in compliance with this section. 8 2. License. Before sending any shipment hereunder to a resident in 9 this state, the out-of-state shipper shall first obtain a license from 10 the authority under procedures prescribed by rules and regulations of 11 the authority and after providing the authority with a true copy of its 12 current license to manufacture cider 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 cider producer 17 from the submission of such information. 18 3. Licensee's responsibilities. The holder of an out-of-state direct 19 shipper's license: 20 (a) shall ship no more than thirty-six cases (no more than nine liters 21 each case) per year of cider produced by such license holder directly to 22 a New York state resident who is at least twenty-one years of age, for 23 such resident's personal use and not for resale; 24 (b) may ship within the same packaging any and all alcoholic beverages 25 it lawfully produces and which it sells in accordance with its shipping 26 privileges and responsibilities pursuant to the provisions of this 27 section and sections thirty-five, sixty-eight, and seventy-nine-c of 28 this chapter, as applicable; 29 (c) shall ensure that the outside of each shipping container used to 30 ship cider directly to a New York resident is conspicuously labeled with 31 the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR 32 OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language 33 specifically approved by the New York state liquor authority; 34 (d) shall maintain records in such manner and form as the authority 35 may direct, showing the total amount of cider shipped into the state 36 each calendar year; the names and addresses of the purchasers to whom 37 the cider was shipped, the date purchased, the name of the common carri- 38 er used to deliver the cider, and the quantity and value of each ship- 39 ment; 40 (e) shall in connection with the acceptance of an order for a delivery 41 of cider to a New York resident, require the prospective customer to 42 represent that he or she has attained the age of twenty-one years or 43 more and that the cider being purchased will not be resold or introduced 44 into commerce; 45 (f) shall require common carriers to: 46 (i) require a recipient, at the delivery address, upon delivery, to 47 demonstrate that the recipient is at least twenty-one years of age by 48 providing a valid form of photographic identification authorized by 49 section sixty-five-b of this chapter; 50 (ii) require a recipient to sign an electronic or paper form or other 51 acknowledgement of receipt as approved by the authority; and 52 (iii) refuse delivery when the proposed recipient appears to be under 53 twenty-one years of age and refuses to present valid identification as 54 required by subparagraph (i) of this paragraph; 55 (g) shall file returns with and pay to the New York state department 56 of taxation and finance all state and local sales taxes and excise taxesA. 3132--A 6 1 due on sales into this state in accordance with the applicable 2 provisions of the tax law relating to such taxes, the amount of such 3 taxes to be determined on the basis that each sale in this state was at 4 the location where delivery is made; 5 (h) shall keep all records required by this section for three years 6 and provide copies of such records, upon written request, to the author- 7 ity or the department of taxation and finance; 8 (i) shall permit the authority or the department of taxation and 9 finance to perform an audit of such out-of-state shipper upon request; 10 (j) shall execute a written consent to the jurisdiction of this state, 11 its agencies and instrumentalities and the courts of this state concern- 12 ing enforcement of this section and any related laws, rules, or regu- 13 lations, including tax laws, rules or regulations; and 14 (k) shall prior to obtaining an out-of-state direct shipper's license, 15 obtain a certificate of authority pursuant to section eleven hundred 16 thirty-four of the tax law and a registration as a distributor pursuant 17 to sections four hundred twenty-one and four hundred twenty-two of the 18 tax law. 19 4. Situs. Delivery of a shipment in this state by the holder of an 20 out-of-state direct shipper's license shall be deemed to constitute a 21 sale in this state at the place of delivery and shall be subject to all 22 excise taxes levied pursuant to section four hundred twenty-four of the 23 tax law and all sales taxes levied pursuant to articles twenty-eight and 24 twenty-nine of such law. 25 5. Renewal. The out-of-state shipper may annually renew its license 26 with the authority by paying a one hundred twenty-five dollar renewal 27 fee, providing the authority with a true copy of its current license in 28 such other state as an alcoholic beverage manufacturer and by complying 29 with such other procedures as are prescribed by rule of the authority. 30 6. Rules and regulations. The authority and the department of taxation 31 and finance may promulgate rules and regulations to effectuate the 32 purposes of this section. 33 7. Enforcement. The authority may enforce the requirements of this 34 section including the requirements imposed on the common carrier, by 35 administrative proceedings to suspend or revoke an out-of-state ship- 36 per's license and the authority may accept payment of an administrative 37 fine in lieu of suspension, such payments to be determined by rules or 38 regulations promulgated by the authority. In addition, the authority or 39 the attorney general of the state of New York shall report violations of 40 this section, where appropriate, to the United States department of 41 treasury, tax and trade bureau, for administrative action to suspend or 42 revoke the federal basic permit. 43 8. Violations. In any action brought under this section, the common 44 carrier and the licensee shall only be held liable for their independent 45 acts. 46 § 59-c. Direct intrastate cider shipments. Any person having applied 47 for and received a manufacturing license under this chapter which 48 includes the privilege of producing cider may ship no more than thirty- 49 six cases (no more than nine liters per case) of cider produced by such 50 manufacturer per year directly to a New York state resident who is at 51 least twenty-one years of age, for such resident's personal use and not 52 for resale. 53 1. Licensee's shipping responsibilities. Notwithstanding any provision 54 to the contrary contained in this chapter, any above referred licensee: 55 (a) shall ship no more than thirty-six cases (no more than nine 56 liters) per year of cider produced by such license holder directly to aA. 3132--A 7 1 New York state resident who is at least twenty-one years of age, for 2 such resident's personal use and not for resale; 3 (b) may ship within the same packaging any and all alcoholic beverages 4 it lawfully produces and which it sells in accordance with its shipping 5 privileges and responsibilities pursuant to the provisions of this 6 section and sections thirty-six, sixty-nine, and seventy-nine-d of this 7 chapter, as applicable; 8 (c) shall ensure that the outside of each shipping container used to 9 ship cider directly to a New York state resident is conspicuously 10 labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF 11 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with 12 other language specifically approved by the New York state liquor 13 authority; 14 (d) shall maintain records in such manner and form as the authority 15 may direct showing the total amount of cider shipped in the state each 16 calendar year, the names and addresses of the purchasers to whom the 17 cider was shipped, the date purchased, the name of the common carrier 18 used to deliver the cider, and the quantity and value of each shipment. 19 Such records shall be kept for three years and, upon written request, be 20 provided to the authority or the department of taxation and finance; 21 (e) shall in connection with the acceptance of an order for a delivery 22 of cider to a New York resident, require the prospective customer to 23 represent that he or she has attained the age of twenty-one years or 24 more and that the cider being purchased will not be resold or introduced 25 into commerce; and 26 (f) shall require common carriers to: 27 (i) require a recipient, at the delivery address, upon delivery, to 28 demonstrate that the recipient is at least twenty-one years of age by 29 providing a valid form of photographic identification authorized by 30 section sixty-five-b of this chapter; 31 (ii) require a recipient to sign an electronic or paper form or other 32 acknowledgment of receipt as approved by the authority; and 33 (iii) refuse delivery when the proposed recipient appears to be under 34 twenty-one years of age and refuses to present valid identification as 35 required by paragraph (a) of this subdivision. 36 2. Violations. In any action brought under this section, the common 37 carrier and the licensee shall only be held liable for their independent 38 acts. 39 § 4. The alcoholic beverage control law is amended by adding two new 40 sections 35 and 36 to read as follows: 41 § 35. Direct interstate mead and braggot shipments. 1. Authorization. 42 Notwithstanding any provision of law, rule or regulation to the contra- 43 ry, any holder of a license to manufacture mead and/or braggot in any 44 other state, who obtains an out-of-state direct shipper's license, as 45 provided in this section, may ship no more than thirty-six cases (no 46 more than nine liters per case) of mead and/or braggot produced by such 47 license holder per year directly to a resident of New York who is at 48 least twenty-one years of age, for such resident's personal use and not 49 for resale, provided the state in which such person is so licensed 50 affords lawful means for shipments of mead and/or braggot to be received 51 by a resident thereof who is at least twenty-one years of age, for such 52 resident's personal use and not for resale, from a person licensed in 53 this state as a manufacturer and, provided further, that the state in 54 which such out-of-state manufacturer of mead and/or braggot is located 55 affords to New York state manufacturers of mead and/or braggot recipro- 56 cal shipping privileges, meaning shipping privileges that are substan-A. 3132--A 8 1 tially similar to the requirements in this section. No person shall 2 place an order for shipment of mead and/or braggot unless they are twen- 3 ty-one years of age or older. Any common carrier with a permit issued 4 pursuant to this chapter to whom such out-of-state shipper's license is 5 presented is authorized to make delivery of shipments provided for here- 6 under in this state in compliance with this section. 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 mead and/or braggot in the applicant's 12 state of domicile along with a copy of the applicant's federal basic 13 permit and/or brewer's notice after payment of an annual fee of one 14 hundred twenty-five dollars. Notwithstanding the provisions of section 15 one hundred ten of this chapter, the authority in its discretion, may 16 excuse an out-of-state manufacturer of mead and/or braggot from the 17 submission of such information. 18 3. Licensee's responsibilities. The holder of an out-of-state direct 19 shipper's license: 20 (a) shall ship no more than thirty-six cases (no more than nine liters 21 per case) per year of mead and/or braggot produced by such license hold- 22 er directly to a New York state resident who is at least twenty-one 23 years of age, for such resident's personal use and not for resale; 24 (b) may ship within the same packaging any and all alcoholic beverages 25 it lawfully produces and which it sells in accordance with its shipping 26 privileges and responsibilities pursuant to the provisions of this 27 section and sections fifty-nine-b, sixty-eight, and seventy-nine-c of 28 this chapter, as applicable; 29 (c) shall ensure that the outside of each shipping container used to 30 ship mead and/or braggot directly to a New York resident is conspicuous- 31 ly labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF 32 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with 33 other language specifically approved by the New York state liquor 34 authority; 35 (d) shall maintain records in such manner and form as the authority 36 may direct, showing the total amount of mead and/or braggot shipped into 37 the state each calendar year; the names and addresses of the purchasers 38 to whom the mead and/or braggot was shipped, the date purchased, the 39 name of the common carrier used to deliver the mead and/or braggot, and 40 the quantity and value of each shipment; 41 (e) shall in connection with the acceptance of an order for a delivery 42 of mead and/or braggot to a New York resident, require the prospective 43 customer to represent that he or she has attained the age of twenty-one 44 years or more and that the mead and/or braggot being purchased will not 45 be resold or introduced into commerce; 46 (f) shall require common carriers to: 47 (i) require a recipient, at the delivery address, upon delivery, to 48 demonstrate that the recipient is at least twenty-one years of age by 49 providing a valid form of photographic identification authorized by 50 section sixty-five-b of this article; 51 (ii) require a recipient to sign an electronic or paper form or other 52 acknowledgement of receipt as approved by the authority; and 53 (iii) refuse delivery when the proposed recipient appears to be under 54 twenty-one years of age and refuses to present valid identification as 55 required by subparagraph (i) of this paragraph;A. 3132--A 9 1 (g) shall file returns with and pay to the New York state department 2 of taxation and finance all state and local sales taxes and excise taxes 3 due on sales into this state in accordance with the applicable 4 provisions of the tax law relating to such taxes, the amount of such 5 taxes to be determined on the basis that each sale in this state was at 6 the location where delivery is made; 7 (h) shall keep all records required by this section for three years 8 and provide copies of such records, upon written request, to the author- 9 ity or the department of taxation and finance; 10 (i) shall permit the authority or the department of taxation and 11 finance to perform an audit of such out-of-state shipper upon request; 12 (j) shall execute a written consent to the jurisdiction of this state, 13 its agencies and instrumentalities and the courts of this state concern- 14 ing enforcement of this section and any related laws, rules, or regu- 15 lations, including tax laws, rules or regulations; and 16 (k) shall prior to obtaining an out-of-state direct shipper's license, 17 obtain a certificate of authority pursuant to section eleven hundred 18 thirty-four of the tax law and a registration as a distributor pursuant 19 to sections four hundred twenty-one and four hundred twenty-two of the 20 tax law. 21 4. Situs. Delivery of a shipment in this state by the holder of an 22 out-of-state direct shipper's license shall be deemed to constitute a 23 sale in this state at the place of delivery and shall be subject to all 24 excise taxes levied pursuant to section four hundred twenty-four of the 25 tax law and all sales taxes levied pursuant to articles twenty-eight and 26 twenty-nine of such law. 27 5. Renewal. The out-of-state shipper may annually renew its license 28 with the authority by paying a one hundred twenty-five dollar renewal 29 fee, providing the authority with a true copy of its current license in 30 such other state as an alcoholic beverage manufacturer and by complying 31 with such other procedures as are prescribed by rule of the authority. 32 6. Rules and regulations. The authority and the department of taxation 33 and finance may promulgate rules and regulations to effectuate the 34 purposes of this section. 35 7. Enforcement. The authority may enforce the requirements of this 36 section including the requirements imposed on the common carrier, by 37 administrative proceedings to suspend or revoke an out-of-state ship- 38 per's license and the authority may accept payment of an administrative 39 fine in lieu of suspension, such payments to be determined by rules or 40 regulations promulgated by the authority. In addition, the authority or 41 the attorney general of the state of New York shall report violations of 42 this section, where appropriate, to the United States department of 43 treasury, tax and trade bureau, for administrative action to suspend or 44 revoke the federal basic permit. 45 8. Violations. In any action brought under this section, the common 46 carrier and the licensee shall only be held liable for their independent 47 acts. 48 § 36. Direct intrastate mead and braggot shipments. Any person having 49 applied for and received a manufacturing license under this chapter 50 which includes the privilege of producing mead and/or braggot may ship 51 no more than thirty-six cases (no more than nine liters per case) of 52 mead and/or braggot produced by such manufacturer per year directly to a 53 New York state resident who is at least twenty-one years of age, for 54 such resident's personal use and not for resale. 55 1. Licensee's shipping responsibilities. Notwithstanding any provision 56 to the contrary contained in this chapter, any above referred licensee:A. 3132--A 10 1 (a) shall ship no more than thirty-six cases (no more than nine liters 2 per case) per year of mead and/or braggot produced by such license hold- 3 er directly to a New York state resident who is at least twenty-one 4 years of age, for such resident's personal use and not for resale; 5 (b) may ship within the same packaging any and all alcoholic beverages 6 it lawfully produces and which it sells in accordance with its shipping 7 privileges and responsibilities pursuant to the provisions of this 8 section and sections fifty-nine-c, sixty-nine, and seventy-nine-d of 9 this chapter, as applicable; 10 (c) shall ensure that the outside of each shipping container used to 11 ship mead and/or braggot directly to a New York state resident is 12 conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - 13 SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR 14 RESALE," or with other language specifically approved by the New York 15 state liquor authority; 16 (d) shall maintain records in such manner and form as the authority 17 may direct showing the total amount of mead and/or braggot shipped in 18 the state each calendar year, the names and addresses of the purchasers 19 to whom the mead and/or braggot was shipped, the date purchased, the 20 name of the common carrier used to deliver the mead and/or braggot, and 21 the quantity and value of each shipment. Such records shall be kept for 22 three years and, upon written request, be provided to the authority or 23 the department of taxation and finance; 24 (e) shall in connection with the acceptance of an order for a delivery 25 of mead and/or braggot to a New York resident, require the prospective 26 customer to represent that he or she has attained the age of twenty-one 27 years or more and that the mead and/or braggot being purchased will not 28 be resold or introduced into commerce; and 29 (f) shall require common carriers to: 30 (i) require a recipient, at the delivery address, upon delivery, to 31 demonstrate that the recipient is at least twenty-one years of age by 32 providing a valid form of photographic identification authorized by 33 section sixty-five-b of this article; 34 (ii) require a recipient to sign an electronic or paper form or other 35 acknowledgment of receipt as approved by the authority; and 36 (iii) refuse delivery when the proposed recipient appears to be under 37 twenty-one years of age and refuses to present valid identification as 38 required by paragraph (a) of this subdivision. 39 2. Violations. In any action brought under this section, the common 40 carrier and the licensee shall only be held liable for their independent 41 acts. 42 § 5. Subdivision 3 of section 79-c of the alcoholic beverage control 43 law, as amended by chapter 221 of the laws of 2011, is amended to read 44 as follows: 45 3. Licensee's responsibilities. The holder of an out-of-state direct 46 shipper's license [shall]: 47 (a) shall ship no more than thirty-six cases (no more than nine liters 48 each case) per year of wine produced by such license holder directly to 49 a New York state resident who is at least twenty-one years of age, for 50 such resident's personal use and not for resale; 51 (b) may ship within the same packaging any and all alcoholic beverages 52 it lawfully produces and which it sells in accordance with its shipping 53 privileges and responsibilities pursuant to the provisions of this 54 section and sections thirty-five, fifty-nine-b, and sixty-eight of this 55 chapter, as applicable;A. 3132--A 11 1 (c) shall ensure that the outside of each shipping container used to 2 ship wine directly to a New York resident is conspicuously labeled with 3 the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON 4 AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other 5 language specifically approved by the New York state liquor authority; 6 [(c)] (d) shall maintain records in such manner and form as the 7 authority may direct, showing the total amount of wine shipped into the 8 state each calendar year; the names and addresses of the purchasers to 9 whom the wine was shipped, the date purchased, the name of the common 10 carrier used to deliver the wine, and the quantity and value of each 11 shipment; 12 [(d)] (e) shall in connection with the acceptance of an order for a 13 delivery of wine to a New York resident, require the prospective custom- 14 er to represent that he or she has attained the age of twenty-one years 15 or more and that the wine being purchased will not be resold or intro- 16 duced into commerce; 17 [(e)] (f) shall require common carriers to: 18 (i) require a recipient, at the delivery address, upon delivery, to 19 demonstrate that the recipient is at least twenty-one years of age by 20 providing a valid form of photographic identification authorized by 21 section sixty-five-b of this chapter; 22 (ii) require a recipient to sign an electronic or paper form or other 23 acknowledgement of receipt as approved by the authority; and 24 (iii) refuse delivery when the proposed recipient appears to be under 25 twenty-one years of age and refuses to present valid identification as 26 required by subparagraph (i) of this paragraph; 27 [(f)] (g) shall file returns with and pay to the New York state 28 department of taxation and finance all state and local sales taxes and 29 excise taxes due on sales into this state in accordance with the appli- 30 cable provisions of the tax law relating to such taxes, the amount of 31 such taxes to be determined on the basis that each sale in this state 32 was at the location where delivery is made; 33 [(g)] (h) shall keep all records required by this section for three 34 years and provide copies of such records, upon written request, to the 35 authority or the department of taxation and finance; 36 [(h)] (i) shall permit the authority or the department of taxation and 37 finance to perform an audit of such out-of-state shipper upon request; 38 [(i)] (j) shall execute a written consent to the jurisdiction of this 39 state, its agencies and instrumentalities and the courts of this state 40 concerning enforcement of this section and any related laws, rules, or 41 regulations, including tax laws, rules or regulations; and 42 [(j)] (k) shall prior to obtaining an out-of-state direct shipper's 43 license, obtain a certificate of authority pursuant to section eleven 44 hundred thirty-four of the tax law and a registration as a distributor 45 pursuant to sections four hundred twenty-one and four hundred twenty-two 46 of the tax law. 47 § 6. Section 79-d of the alcoholic beverage control law, as amended by 48 chapter 184 of the laws of 2005, paragraph (c) of subdivision 1 as 49 amended by chapter 221 of the laws of 2011, is amended to read as 50 follows: 51 § 79-d. Direct intrastate wine shipments. Any person having applied 52 for and received a license as a winery or farm winery under sections 53 seventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d 54 and seventy-six-f of this article may ship no more than thirty-six cases 55 (no more than nine liters per case) of wine produced by such winery 56 [for] or farm winery per year directly to a New York state resident whoA. 3132--A 12 1 is at least twenty-one years of age, for such resident's personal use 2 and not for resale. 3 1. Licensee's shipping responsibilities. Notwithstanding any provision 4 to the contrary contained in this chapter, any above referred licensee 5 [shall]: 6 (a) shall in the case of a farm winery licensee or a winery licensee, 7 ship no more than thirty-six cases (no more than nine liters) per year 8 of wine produced by such license holder directly to a New York state 9 resident who is at least twenty-one years of age, for such resident's 10 personal use and not for resale; 11 (b) may ship within the same packaging any and all alcoholic beverages 12 it lawfully produces and which it sells in accordance with its shipping 13 privileges and responsibilities pursuant to the provisions of this 14 section and sections thirty-six, fifty-nine-c, and sixty-nine of this 15 chapter, as applicable; 16 (c) shall ensure that the outside of each shipping container used to 17 ship wine directly to a New York state resident is conspicuously labeled 18 with the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF 19 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with 20 other language specifically approved by the New York state liquor 21 authority; 22 [(c)] (d) shall maintain records in such manner and form as the 23 authority may direct showing the total amount of wine shipped in the 24 state each calendar year, the names and addresses of the purchasers to 25 whom the wine was shipped, the date purchased, the name of the common 26 carrier used to deliver the wine, and the quantity and value of each 27 shipment. Such records shall be kept for three years and, upon written 28 request, be provided to the authority or the department of taxation and 29 finance; 30 [(d)] (e) shall in connection with the acceptance of an order for a 31 delivery of wine to a New York resident, require the prospective custom- 32 er to represent that he or she has attained the age of twenty-one years 33 or more and that the wine being purchased will not be resold or intro- 34 duced into commerce; and 35 [(e)] (f) shall require common carriers to: 36 (i) require a recipient, at the delivery address, upon delivery, to 37 demonstrate that the recipient is at least twenty-one years of age by 38 providing a valid form of photographic identification authorized by 39 section sixty-five-b of this chapter; 40 (ii) require a recipient to sign an electronic or paper form or other 41 acknowledgment of receipt as approved by the authority; and 42 (iii) refuse delivery when the proposed recipient appears to be under 43 twenty-one years of age and refuses to present valid identification as 44 required by paragraph (a) of this subdivision. 45 2. Violations. In any action brought under this section, the common 46 carrier and the licensee shall only be held liable for their independent 47 acts. 48 § 7. This act shall take effect on the ninetieth day after it shall 49 have become a law. Effective immediately, the addition, amendment 50 and/or repeal of any rule or regulation necessary for the implementation 51 of this act on its effective date are authorized to be made and 52 completed on or before such effective date.
