Bill Text: NY S06120 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes the electronic filing of applications for a brand or trade name label for an alcoholic beverage; authorizes the imposition of a fee of not more than $10 for the filing of such a name; extends the term of a label registration from 1 year to 3 years.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-06-20 - SUBSTITUTED BY A8242 [S06120 Detail]

Download: New_York-2017-S06120-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6120
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by Sen. MURPHY -- (at request of the State Liquor Authority)
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Investigations and Government Operations
        AN ACT to amend the alcoholic beverage control law, in relation to elec-
          tronic filing and expanding brand label registrations from one year to
          three years
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraphs  1 and 2 of paragraph a of subdivision 4 of
     2  section 107-a of the alcoholic beverage control law, as amended by chap-
     3  ter 354 of the laws of 2013, are amended to read as follows:
     4    (1) The application for registration of a brand or  trade  name  label
     5  shall  be  filed  by certified mail return receipt requested, registered
     6  mail return receipt requested,  [or]  overnight  delivery  service  with
     7  proof  of mailing, or via electronic filing, on a form prescribed by the
     8  authority, and shall contain such information  as  the  authority  shall
     9  require.  Such  application  shall be accompanied by the appropriate fee
    10  prescribed by paragraph (b) of this subdivision and may also  require  a
    11  processing  fee of no more than ten dollars paid to either the authority
    12  or a third party provider.
    13    (2) Provided, however, where a brand or  trade  name  label  has  been
    14  approved  by  the Alcohol and Tobacco Tax and Trade Bureau of the United
    15  States Department  of  Treasury,  it  shall  be  deemed  registered  and
    16  approved by the authority if:
    17    (i)  the  applicant  submits on a form prescribed by the authority, by
    18  certified mail return receipt requested, registered mail return  receipt
    19  requested,  or  overnight delivery service with proof of mailing, or via
    20  electronic filing, a true copy of the brand or trade name label approval
    21  issued by the Alcohol and Tobacco Tax and Trade  Bureau  of  the  United
    22  States  Department  of Treasury along with the appropriate fee as estab-
    23  lished in paragraph (b) of this subdivision; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10061-01-7
        S. 6120                             2
     1    (ii) the authority does not deny such application within  thirty  days
     2  after receipt.
     3    §  2. Paragraph (b) of subdivision 4 of section 107-a of the alcoholic
     4  beverage control law, as amended by chapter 354 of the laws of 2013,  is
     5  amended to read as follows:
     6    (b)  The  annual fee for registration of any brand or trade name label
     7  for liquor shall be two hundred fifty dollars; the annual fee for regis-
     8  tration of any brand or trade name label for beer or cider shall be  one
     9  hundred  fifty  dollars; the annual fee for registration of any brand or
    10  trade name label for wine or wine products shall be fifty dollars.  Such
    11  fee shall be in the form of a check or draft. No annual fee  for  regis-
    12  tration  of  any brand or trade name label for wine shall be required if
    13  it has been approved by the Alcohol and Tobacco Tax and Trade Bureau  of
    14  the United States Department of Treasury pursuant to this section.
    15    Each  brand or trade name label registration approved pursuant to this
    16  section shall be valid for a term of [one year] three years as set forth
    17  by the authority and which shall  be  pro-rated  for  partial  years  as
    18  applicable.
    19    Each  brand or trade name label registration approved pursuant to this
    20  section shall be valid only for the licensee to whom  issued  and  shall
    21  not be transferable.
    22    § 3. This act shall take effect immediately.