Bill Text: NY S07609 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Authorizes manufacturers and wholesalers to offer quantity discounts to retailers on different sized bottles of certain similar wines or liquors from the same manufacturer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S07609 Detail]

Download: New_York-2017-S07609-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7609
                    IN SENATE
                                    January 30, 2018
                                       ___________
        Introduced  by  Sen.  MURPHY -- 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
          authorizing  the  offering  by  wholesalers  of  quantity discounts on
          different sized bottles of the same type of liquor or wine
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (b)  of  subdivision 3 of section 101-b of the
     2  alcoholic beverage control law, as amended by section 1  of  part  E  of
     3  chapter 56 of the laws of 2006, is amended to read as follows:
     4    (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a
     5  retailer unless a schedule, as provided by this section, is  transmitted
     6  to  and  received  by  the liquor authority, and is then in effect. Such
     7  schedule shall be transmitted to the authority  in  such  form,  manner,
     8  medium  and  format  as  the  authority may direct; shall be deemed duly
     9  verified by the person submitting such schedule upon its transmission to
    10  the authority; and shall contain, with respect to each item,  the  exact
    11  brand  or  trade  name, capacity of package, nature of contents, age and
    12  proof where stated on the label, the number of bottles contained in each
    13  case, the bottle and case price to retailers, the net  bottle  and  case
    14  price paid by the seller, which prices, in each instance, shall be indi-
    15  vidual  for  each item and not in "combination" with any other item, the
    16  discounts for quantity, if any, and the discounts for time  of  payment,
    17  if  any.   Provided, however, that for the purposes of offering quantity
    18  discounts of two cases or more to retailers, different  products  and/or
    19  different  sized bottles with the same brand or trade name, and the same
    20  class and type that are price scheduled by one brand owner,  or  by  the
    21  licensed  wholesale agent for one brand owner, if the brand owner is not
    22  licensed by the authority, or with the approval of the authority,  by  a
    23  wholesaler, may be combined. For the purpose of this paragraph, a "class
    24  and  type  of a brand or trade name distilled spirit" shall also include
    25  the flavored product composed of that same class and type  of  distilled
    26  spirit.  For the purposes of this paragraph, "brand or trade name" shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13720-01-7
        S. 7609                             2
     1  mean the name under which a product is commonly marketed and sold to the
     2  general public, but shall not include a branded product marketed under a
     3  fanciful name which fanciful name, in addition to or in part, is in lieu
     4  of,  the  brand  or  trade  name. Products from the same manufacturer or
     5  supplier shall not be combined for  the  purpose  of  offering  quantity
     6  discounts  unless  such products of the same class and type are marketed
     7  and sold under the same brand or trade name, and shall not  be  combined
     8  with  products of another manufacturer or supplier. Such brand of liquor
     9  or wine shall not be sold to retailers except at the price and discounts
    10  then in effect unless prior  written  permission  of  the  authority  is
    11  granted  for  good cause shown and for reasons not inconsistent with the
    12  purpose of this chapter. Such schedule  shall  be  transmitted  by  each
    13  manufacturer  selling  such  brand  to  retailers and by each wholesaler
    14  selling such brand to retailers.
    15    § 2. This act shall take effect on the first of January next  succeed-
    16  ing the date on which it shall have become a law.