Bill Text: NY A06884 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the shipment of alcoholic beverages into the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-18 - print number 6884a [A06884 Detail]
Download: New_York-2011-A06884-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6884
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
___________
Introduced by M. of A. SCHIMMINGER -- 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. The alcoholic beverage control law is amended by adding a
2 new section 101-c to read as follows:
3 S 101-C. PRIMARY SOURCE OF SUPPLY. 1. FOR THE PURPOSES OF THIS
4 SECTION, THE "PRIMARY SOURCE OF SUPPLY" OF AN ALCOHOLIC BEVERAGE SHALL
5 MEAN THE MANUFACTURER OR BRAND OWNER IF LOCATED IN THE UNITED STATES OR,
6 IN THE CASE OF AN ALCOHOLIC BEVERAGE MANUFACTURED OUTSIDE THE UNITED
7 STATES, THE EXCLUSIVE DESIGNATED IMPORTER OF SUCH ALCOHOLIC BEVERAGE.
8 2. BEFORE COMMENCING THE SALE OR SHIPMENT OF ANY ALCOHOLIC BEVERAGE
9 INTO OR WITHIN THIS STATE, THE PRIMARY SOURCE OF SUPPLY OF SUCH ALCOHOL-
10 IC BEVERAGE SHALL SUBMIT TO THE AUTHORITY A COMPLETE REPORT, ON FORMS
11 PRESCRIBED BY THE AUTHORITY, WHICH SHALL INCLUDE:
12 (A) THE NAME OF THE PRIMARY SOURCE OF SUPPLY;
13 (B) A LIST OF THE NAMES OF THE LICENSED WHOLESALERS IN THIS STATE
14 DESIGNATED TO SELL THE ALCOHOLIC BEVERAGE:
15 (I) SUCH LIST SHALL BE CONSISTENT WITH ANY LIST SUBMITTED PURSUANT TO
16 PARAGRAPH (A) OF SUBDIVISION FOUR-A OF SECTION ONE HUNDRED ONE-B OF THIS
17 ARTICLE RESTRICTING THE DISTRIBUTION OF SUCH ALCOHOLIC BEVERAGE TO
18 CERTAIN WHOLESALERS;
19 (II) THIS PARAGRAPH SHALL NOT REQUIRE THE PRIMARY SOURCE OF SUPPLY TO
20 RESTRICT THE SALE OF ANY ALCOHOLIC BEVERAGE TO CERTAIN WHOLESALERS;
21 (C) THE NAME OF THE PERSON, IF NOT THE PRIMARY SOURCE OF SUPPLY,
22 DESIGNATED TO FILE THE PRICE SCHEDULE FOR THE PRODUCT REQUIRED PURSUANT
23 TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED ONE-B OF
24 THIS ARTICLE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10362-01-1
A. 6884 2
1 (D) THE NAME OF THE PERSON, IF NOT THE PRIMARY SOURCE OF SUPPLY,
2 DESIGNATED TO FILE THE APPLICATION FOR REGISTRATION OF THE BRAND OR
3 TRADE NAME LABEL PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF
4 SECTION ONE HUNDRED SEVEN-A OF THIS ARTICLE;
5 (E) THE PRODUCTS TO BE SOLD IN, OR SHIPPED INTO, THIS STATE, INCLUD-
6 ING:
7 (I) THE BRAND NAME;
8 (II) CLASS TYPE;
9 (III) FANCIFUL NAME.
10 (F) CONFIRMATION OF COMPLIANCE WITH APPLICABLE FEDERAL AND/OR STATE
11 LABELING REQUIREMENTS, SUCH AS TTB IDENTIFICATION NUMBER FOR THE BRAND
12 LABEL AND NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS LABORATO-
13 RY ANALYSIS;
14 (G) IN THE CASE OF AN IMPORTER, DOCUMENTATION ESTABLISHING THAT THE
15 IMPORTER IS THE EXCLUSIVE IMPORTER FOR THE FOREIGN MANUFACTURER OR BRAND
16 OWNER OF THE PRODUCT FOR THE PURPOSE OF COMPLIANCE WITH THIS SECTION.
17 3. SUCH FORM SHALL BE SUBMITTED TO THE AUTHORITY AT LEAST THIRTY DAYS
18 BEFORE THE ALCOHOLIC BEVERAGES SET FORTH THEREIN ARE SHIPPED INTO OR
19 SOLD IN THIS STATE. FOR GOOD CAUSE SHOWN, AND FOR REASONS NOT INCONSIST-
20 ENT WITH THE PURPOSE OF THIS CHAPTER, THE AUTHORITY, IN ITS DISCRETION,
21 MAY ALLOW FOR THE SUBMISSION OF A FORM LESS THAN THIRTY DAYS BEFORE THE
22 ALCOHOLIC BEVERAGES SET FORTH THEREIN ARE SHIPPED INTO OR SOLD IN THIS
23 STATE.
24 4. A NEW FORM MUST BE FILED IN THE EVENT THAT A MANUFACTURER CHANGES
25 ITS DESIGNATED IMPORTER OR WHOLESALERS PRIOR TO CONTINUING THE SALE OR
26 SHIPMENT OF ANY ALCOHOLIC BEVERAGE.
27 5. ALL FORMS SHALL BE FILED BY CERTIFIED MAIL, RETURN RECEIPT
28 REQUESTED AND SHALL TAKE EFFECT UPON RECEIPT OF THE FORM BY THE AUTHORI-
29 TY.
30 6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PRIVATELY HELD
31 WINE OR LIQUOR BEING SOLD PURSUANT TO SECTION NINETY-NINE-G OF THIS
32 CHAPTER OR TO WINE SOLD PURSUANT TO A DIRECT INTERSTATE WINE SHIPPING
33 LICENSE ISSUED UNDER SECTION SEVENTY-NINE-C OF THIS CHAPTER.
34 7. NO LICENSED WHOLESALER SHALL SELL AN ALCOHOLIC BEVERAGE TO A
35 RETAILER UNLESS SUCH WHOLESALER HAS BEEN AUTHORIZED BY THE PRIMARY
36 SOURCE OF SUPPLY, PURSUANT TO SUBDIVISION TWO OF THIS SECTION, TO SELL
37 SUCH ALCOHOLIC BEVERAGE.
38 8. NO RETAILER SHALL PURCHASE AN ALCOHOLIC BEVERAGE OTHER THAN FROM
39 THE MANUFACTURER, IF LICENSED IN THIS STATE TO MANUFACTURE SUCH ALCOHOL-
40 IC BEVERAGE, OR FROM A WHOLESALER WHO HAS BEEN AUTHORIZED BY THE PRIMARY
41 SOURCE OF SUPPLY, PURSUANT TO SUBDIVISION TWO OF THIS SECTION, TO SELL
42 SUCH ALCOHOLIC BEVERAGE.
43 9. THE PRIMARY SOURCE OF SUPPLY SHALL MAINTAIN RECORDS OF ALL TRANS-
44 ACTIONS WITH WHOLESALERS LICENSED WITHIN THIS STATE WHICH SHALL SHOW THE
45 NAMES, ADDRESSES AND LICENSE NUMBERS OF SUCH LICENSEES TOGETHER WITH THE
46 QUANTITY AND PRICE OF ALCOHOLIC BEVERAGES SOLD TO SUCH LICENSEES. SUCH
47 RECORDS SHALL BE MAINTAINED FOR A PERIOD OF TWO YEARS AND SHALL BE MADE
48 AVAILABLE FOR INSPECTION BY THE AUTHORITY AND THE DEPARTMENT OF TAXATION
49 AND FINANCE.
50 10. THE AUTHORITY IS HEREBY AUTHORIZED TO DO SUCH ACTS, PRESCRIBE SUCH
51 FORMS AND MAKE SUCH RULES, REGULATIONS AND ORDERS AS IT MAY DEEM NECES-
52 SARY OR PROPER TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
53 S 2. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law.
