Bill Text: NY S06724 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires that alcoholic beverages imported into New York be first delivered to a licensed New York state wholesaler and maintained at a premises or warehouse operated by the wholesaler for a period of twenty-four hours.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06724 Detail]

Download: New_York-2023-S06724-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6724

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 5, 2023
                                       ___________

        Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          enacting  the "beverage industry jobs act" relating 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.  This act shall be known and may be cited as the "beverage
     2  industry jobs act".
     3    § 2. Legislative purpose. The legislature finds and declares that  the
     4  proper  regulation and control of the manufacture, sale and distribution
     5  of alcoholic beverages is in the best interest of the  citizens  of  New
     6  York  state.  The legislature also believes it is in the interest of the
     7  citizens of New York state to promote and support the state's  wine  and
     8  craft  spirits  industry,  a  growing industry that is helping to revive
     9  local economies in many areas of the state.  Helping  the  producers  of
    10  alcoholic  beverages  while ensuring that all taxes are properly paid on
    11  all wine and liquor sales in the state will increase  economic  activity
    12  in  the  city  and state, ensure that jobs that have left the state as a
    13  result of the lack of such a law will  return  to  the  state  and  will
    14  increase  tax  revenue  for the state that is currently going unpaid and
    15  unaudited.
    16    § 3. Paragraph (a) of subdivision 1 of section 102  of  the  alcoholic
    17  beverage  control law, as amended by chapter 210 of the laws of 2005, is
    18  amended and a new paragraph (a-1) is added to read as follows:
    19    (a) Except as provided in section seventy-nine-c of this  chapter,  no
    20  alcoholic  beverages  shall  be  shipped  into the state unless the same
    21  shall be consigned to a person duly licensed  hereunder  to  traffic  in
    22  alcoholic beverages. No such alcoholic beverages shall be delivered to a
    23  retail  licensee other than from inventory stored at a premises or ware-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11186-01-3
        S. 6724                             2

     1  house located in this state that is owned, rented or leased by a  whole-
     2  saler  licensed by the state of New York. Such inventory shall be deemed
     3  to include only alcoholic beverages which shall have been stored in such
     4  premises  or  warehouse  for a period of at least twenty-four continuous
     5  hours. This prohibition shall apply to all shipments of alcoholic bever-
     6  ages into New York state and includes importation  or  distribution  for
     7  commercial purposes, for personal use, or otherwise, and irrespective of
     8  whether  such  alcoholic  beverages were purchased within or without the
     9  state, provided, however, this prohibition shall not apply to any  ship-
    10  ment consigned to a New York resident who has personally purchased alco-
    11  holic beverages for his personal use while outside the United States for
    12  a  minimum  period  of  forty-eight  consecutive  hours and which he has
    13  shipped as consignor to himself as consignee. Purchases made outside the
    14  United States by persons other than the  purchaser  himself,  regardless
    15  whether made as his agent, or by his authorization or on his behalf, are
    16  deemed  not to have been personally purchased within the meaning of this
    17  paragraph.
    18    (a-1) Any wine or distilled spirits produced in the state of New  York
    19  are deemed to be in compliance with the requirements of paragraph (a) of
    20  this subdivision.
    21    §  4. This act shall take effect on the first of January next succeed-
    22  ing the date on which it shall have become a law.