Bill Text: NY A06884 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6884--A
                              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 -- recommitted to the  Committee  on
         Economic  Development  in  accordance  with Assembly Rule 3, sec. 2 --
         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 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. (A) FOR  THE  PURPOSES  OF  THIS
    4  SECTION,  THE  "PRIMARY SOURCE OF SUPPLY" OF AN ALCOHOLIC BEVERAGE BRAND
    5  SHALL MEAN THE BRAND OWNER OR AN AGENT SPECIFICALLY AUTHORIZED  TO  MAKE
    6  SALES  TO  A NEW YORK LICENSED WHOLESALER BY THE BRAND OWNER AND, IN THE
    7  CASE OF CLASSIFIED GROWTH WINES, SHALL INCLUDE THE NEGOCIANT OR  NEGOCI-
    8  ANTS OF SUCH BRAND.
    9    (B) "CLASSIFIED GROWTH WINES" SHALL MEAN THOSE STILL WINES PRODUCED IN
   10  THE BORDEAUX REGION OF FRANCE AND CERTIFIED BY THE APPELLATION D'ORIGINE
   11  CONTROLEE  AND  UNDER  THE  AUSPICES OF THE INSTITUT NATIONAL DES APPEL-
   12  LATIONS D'ORIGINE AND AS ORIGINALLY  CLASSIFIED  IN  THE  YEAR  EIGHTEEN
   13  HUNDRED FIFTY-FIVE.
   14    2.  THE  PRIMARY SOURCE OF SUPPLY SHALL FILE WITH THE AUTHORITY A LIST
   15  IDENTIFYING THE LICENSED WHOLESALERS DESIGNATED TO  SELL  ITS  ALCOHOLIC
   16  BEVERAGE BRAND OR BRANDS TO LICENSED RETAILERS UNLESS THE PRIMARY SOURCE
   17  OF  SUPPLY  MADE  A  FILING UNDER PARAGRAPH (A) OF SUBDIVISION FOUR-A OF
   18  SECTION ONE HUNDRED ONE-B OF THIS ARTICLE LISTING THE  NAMES,  ADDRESSES
   19  AND  LICENSE  NUMBERS  OF SAID WHOLESALERS. THE PRIMARY SOURCE OF SUPPLY
   20  MAY AMEND THE LIST.
   21    3. THE PRIMARY SOURCE OF SUPPLY SHALL NOT BE REQUIRED TO RESTRICT  THE
   22  SALE OF ANY ALCOHOLIC BEVERAGE BRAND TO CERTAIN WHOLESALERS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10362-05-2
       A. 6884--A                          2
    1    4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO PRIVATELY HELD
    2  WINE  OR  LIQUOR  BEING  SOLD  PURSUANT  TO  SECTIONS   EIGHTY-FIVE   OR
    3  NINETY-NINE-G  OF  THIS  CHAPTER  OR  TO  WINE SOLD PURSUANT TO A DIRECT
    4  INTERSTATE WINE SHIPPING LICENSE ISSUED UNDER SECTION SEVENTY-NINE-C  OF
    5  THIS  CHAPTER  OR  AN ALCOHOLIC BEVERAGE SOLD PURSUANT TO A PERMIT UNDER
    6  SECTION NINETY-NINE-B OF THIS CHAPTER. THE PROVISIONS  OF  THIS  SECTION
    7  SHALL  NOT APPLY TO BEER, CIDER, OR WINE PRODUCTS, AS DEFINED IN SECTION
    8  THREE OF THIS CHAPTER.
    9    5. NO LICENSED WHOLESALER SHALL SELL AN ALCOHOLIC BEVERAGE BRAND TO  A
   10  LICENSED  RETAILER  UNLESS  SUCH  LICENSED  WHOLESALER HAS PURCHASED THE
   11  ALCOHOLIC BEVERAGE BRAND FROM THE PRIMARY  SOURCE  OF  SUPPLY  AND  SUCH
   12  LICENSED  WHOLESALER  IS  DESIGNATED  BY THE PRIMARY SOURCE OF SUPPLY TO
   13  SELL ITS ALCOHOLIC BEVERAGE BRAND OR BRANDS UNDER THIS SECTION.
   14    6. NO LICENSED RETAILER SHALL PURCHASE  AN  ALCOHOLIC  BEVERAGE  BRAND
   15  OTHER THAN FROM A LICENSED WHOLESALER OR LICENSED MANUFACTURER. ANYTHING
   16  HEREIN  CONTAINED  TO  THE  CONTRARY  NOTWITHSTANDING,  LICENSEES  UNDER
   17  SECTIONS  SEVENTY-SIX,  SEVENTY-SIX-A,   SEVENTY-SIX-B,   SEVENTY-SIX-C,
   18  SEVENTY-SIX-E,  AND  PARAGRAPHS  TWO-A AND TWO-C OF SECTION SIXTY-ONE OF
   19  THIS CHAPTER SHALL CONTINUE TO HAVE PRIVILEGES OF PURCHASE AND SALE.
   20    7. ANYTHING IN THIS SECTION TO THE CONTRARY  NOTWITHSTANDING,  UPON  A
   21  WRITTEN  FINDING SHOWING THAT SPECIAL CIRCUMSTANCES AND GOOD CAUSE EXIST
   22  NOT INCONSISTENT WITH THE PURPOSE OF THIS CHAPTER AND UPON PRIOR WRITTEN
   23  NOTICE TO THE PRIMARY SOURCE OF SUPPLY AND/OR THE NAME  OF  THE  COMPANY
   24  IDENTIFIED  ON  THE LABEL OF AN ALCOHOLIC BEVERAGE CONTAINER PURSUANT TO
   25  27 C.F.R. SS 4.35, 5.36 AND 7.25, THE AUTHORITY MAY GIVE WRITTEN PERMIS-
   26  SION FOR A LICENSEE TO PURCHASE AND SELL A BRAND OF  ALCOHOLIC  BEVERAGE
   27  WITHOUT  THE  AUTHORIZATION REQUIRED UNDER THIS SECTION. THE AUTHORITY'S
   28  WRITTEN AUTHORITY SHALL BE FOR A SPECIFIC PERIOD OF TIME NOT  TO  EXCEED
   29  THE  TIME  NECESSARY  TO  MEET  THE SPECIAL CIRCUMSTANCES AND GOOD CAUSE
   30  FOUND TO EXIST.
   31    8. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  AFFECT,  CREATE  OR
   32  EXTEND,  DIRECTLY OR INDIRECTLY, ANY CONTRACT OR ARRANGEMENT, WRITTEN OR
   33  UNWRITTEN, FOR THE DISTRIBUTION OF AN  ALCOHOLIC  BEVERAGE  BRAND  BY  A
   34  LICENSED WHOLESALER.
   35    9.  THE AUTHORITY IS HEREBY AUTHORIZED TO DO SUCH ACTS, PRESCRIBE SUCH
   36  FORMS AND MAKE SUCH RULES, REGULATIONS AND ORDERS AS IT MAY DEEM  NECES-
   37  SARY OR PROPER TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   38    10.  IF  ANY  PART  OF  THIS SECTION IS HELD TO BE UNCONSTITUTIONAL OR
   39  OTHERWISE CONTRARY TO LAW, THEN IT SHALL BE SEVERED  AND  THE  REMAINING
   40  PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
   41    S 2. This act shall take effect on the one hundred eightieth day after
   42  it shall have become a law.