Bill Text: NY A05462 | 2013-2014 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A05462 Detail]

Download: New_York-2013-A05462-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5462
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2013
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         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.  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
   20  agent, or by his authorization or on his behalf, are deemed not to  have
   21  been personally purchased within the meaning of this paragraph.
   22    (II)  WITH  RESPECT TO ANY STATE THAT PROHIBITS THE OUT-OF-STATE SHIP-
   23  MENT OF ALCOHOLIC BEVERAGES TO ANYONE OTHER THAN A LICENSEE OF THE STATE
   24  AND FURTHER REQUIRES THAT SUCH ALCOHOLIC BEVERAGES BE STORED AT A  PREM-
   25  ISES OR WAREHOUSE LOCATED WITHIN SUCH STATE MAINTAINED BY SUCH LICENSEE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02254-01-3
       A. 5462                             2
    1  NO ALCOHOLIC BEVERAGES SHALL BE SHIPPED FROM SAID STATE, INTO THIS STATE
    2  UNLESS THE SAME SHALL BE CONSIGNED TO A PERSON DULY LICENSED AS A WHOLE-
    3  SALER  OF  ALCOHOLIC  BEVERAGES  IN  THIS STATE. IN SUCH INSTANCES, SUCH
    4  ALCOHOLIC  BEVERAGES  SHALL BE STORED AT A PREMISES OR WAREHOUSE LOCATED
    5  IN THIS STATE AND MAINTAINED BY A LICENSED WHOLESALER FOR NOT LESS  THAN
    6  FORTY-EIGHT HOURS BEFORE DELIVERY TO A RETAIL LICENSEE.
    7    (b)  Except  as provided in section seventy-nine-c of this chapter, no
    8  common carrier or other person shall bring or carry into the  state  any
    9  alcoholic  beverages,  unless the same shall be consigned, IN ACCORDANCE
   10  WITH PARAGRAPH (C) OF THIS SUBDIVISION, to a person duly licensed [here-
   11  under] PURSUANT TO THIS  CHAPTER  to  traffic  in  alcoholic  beverages,
   12  provided, however, that alcoholic beverages may be delivered by a truck-
   13  ing  permittee from a steamship or railroad station or terminal to a New
   14  York resident who has personally purchased alcoholic beverages  for  his
   15  personal  use  while  outside  the United States for a minimum period of
   16  forty-eight consecutive hours, and which he has shipped as consignor  to
   17  himself  as  consignee,  and  except as so stated, no trucking permittee
   18  shall accept for delivery, deliver or  transport  from  a  steamship  or
   19  railroad  station  or  terminal  any  shipment  of  alcoholic  beverages
   20  consigned to a non-licensed person having his home or  business  in  New
   21  York  state.    Purchases of alcoholic beverages made outside the United
   22  States by persons other than the purchaser himself,  regardless  whether
   23  made  as his agent, or by his authorization or on his behalf, are deemed
   24  not to have been personally purchased within the meaning of  this  para-
   25  graph.
   26    S  2. This act shall take effect on the first of January next succeed-
   27  ing the date on which it shall have become a law.