Bill Text: NY A03132 | 2023-2024 | General Assembly | Amended


Bill Title: Authorizes the direct intrastate and interstate shipment of liquor, cider, mead, and braggot; relates to direct shipments of wine.

Spectrum: Slight Partisan Bill (Democrat 34-20)

Status: (Introduced) 2024-06-07 - substituted by s2852a [A03132 Detail]

Download: New_York-2023-A03132-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3132--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  LUPARDO,  THIELE, STERN, BENDETT, MANKTELOW,
          BARRETT, BUTTENSCHON, LUNSFORD, SANTABARBARA, MAGNARELLI, OTIS, ZINER-
          MAN, DURSO,  PALMESANO,  MAHER,  BRABENEC,  SMULLEN,  SIMPSON,  FLOOD,
          SIMON, CLARK, FAHY, DAVILA -- Multi-Sponsored by -- M. of A. LEVENBERG
          --  read once and referred to the Committee on Economic Development --
          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
          authorizing the direct intrastate and interstate shipment  of  liquor,
          cider, mead, and braggot and relates to direct shipments of wine

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  The  opening paragraph of subdivision 3 of  section  107-a
     2  of  the alcoholic beverage control law, as amended by chapter 354 of the
     3  laws of 2013, is amended to read as follows:
     4    No alcoholic beverage shall be offered or advertised for sale in  this
     5  state, including direct interstate shipments under this chapter, unless:
     6    §  2.  The alcoholic beverage control law is amended by adding two new
     7  sections 68 and 69 to read as follows:
     8    § 68. Direct interstate liquor shipments. 1. Authorization.   Notwith-
     9  standing  any  provision of law, rule or regulation to the contrary, any
    10  holder of a license to manufacture liquor in any  other  state  that  is
    11  equivalent  in  class  and/or  production  capacity  per  year  to those
    12  licenses authorized to make direct  intrastate  liquor  shipments  under
    13  section  sixty-nine  of this article, who obtains an out-of-state direct
    14  shipper's license, as provided in this section, may ship  no  more  than
    15  thirty-six cases (no more than nine liters each case) of liquor produced
    16  by  such  license holder per year directly to a resident of New York who
    17  is at least twenty-one years of age, for such  resident's  personal  use
    18  and  not  for  resale,  provided  the  state  in which such person is so
    19  licensed affords lawful means for shipments of liquor to be received  by
    20  a  resident  thereof  who  is at least twenty-one years of age, for such
    21  resident's personal use and not for resale, from a  person  licensed  in
    22  this  state  as  a manufacturer and, provided further, that the state in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06487-04-3

        A. 3132--A                          2

     1  which such out-of-state distillery is located affords to New York  state
     2  licensed manufacturers with the privilege of producing liquor reciprocal
     3  shipping  privileges, meaning shipping privileges that are substantially
     4  similar  to  the  requirements in this section. No person shall place an
     5  order for shipment of liquor unless they are twenty-one years of age  or
     6  older.  Any common carrier with a permit issued pursuant to this chapter
     7  to whom such out-of-state shipper's license is presented  is  authorized
     8  to  make  delivery  of shipments provided for hereunder in this state in
     9  compliance with this section.
    10    2. License. Before sending any shipment hereunder  to  a  resident  in
    11  this  state,  the out-of-state shipper shall first obtain a license from
    12  the authority under procedures prescribed by rules  and  regulations  of
    13  the  authority and after providing the authority with a true copy of its
    14  current license to manufacture liquor in the applicant's state of  domi-
    15  cile  along  with  a  copy of the applicant's federal basic permit after
    16  payment of an annual fee of one hundred  twenty-five  dollars.  Notwith-
    17  standing  the provisions of section one hundred ten of this chapter, the
    18  authority in its discretion, may excuse an out-of-state distillery  from
    19  the submission of such information.
    20    3.  Licensee's  responsibilities. The holder of an out-of-state direct
    21  shipper's license:
    22    (a) shall ship no more than thirty-six cases (no more than nine liters
    23  each case) per year of liquor produced by such license  holder  directly
    24  to  a  New  York state resident who is at least twenty-one years of age,
    25  for such resident's personal use and not for resale;
    26    (b) may ship within the same packaging any and all alcoholic beverages
    27  it lawfully produces and which it sells in accordance with its  shipping
    28  privileges  and  responsibilities  pursuant  to  the  provisions of this
    29  section and sections thirty-five, fifty-nine-b,  and  seventy-nine-c  of
    30  this chapter, as applicable;
    31    (c)  shall  ensure that the outside of each shipping container used to
    32  ship liquor directly to a New York  resident  is  conspicuously  labeled
    33  with  the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE
    34  21 OR OLDER REQUIRED FOR DELIVERY -  NOT  FOR  RESALE,"  or  with  other
    35  language specifically approved by the New York state liquor authority;
    36    (d)  shall  maintain  records in such manner and form as the authority
    37  may direct, showing the total amount of liquor shipped  into  the  state
    38  each  calendar  year;  the names and addresses of the purchasers to whom
    39  the liquor was shipped, the date  purchased,  the  name  of  the  common
    40  carrier  used  to deliver the liquor, and the quantity and value of each
    41  shipment;
    42    (e) shall in connection with the acceptance of an order for a delivery
    43  of liquor to a New York resident, require the  prospective  customer  to
    44  represent  that  he  or  she has attained the age of twenty-one years or
    45  more and that the liquor being purchased will not be  resold  or  intro-
    46  duced into commerce;
    47    (f) shall require common carriers to:
    48    (i)  require  a  recipient, at the delivery address, upon delivery, to
    49  demonstrate that the recipient is at least twenty-one years  of  age  by
    50  providing  a  valid  form  of  photographic identification authorized by
    51  section sixty-five-b of this article;
    52    (ii) require a recipient to sign an electronic or paper form or  other
    53  acknowledgement of receipt as approved by the authority; and
    54    (iii)  refuse delivery when the proposed recipient appears to be under
    55  twenty-one years of age and refuses to present valid  identification  as
    56  required by subparagraph (i) of this paragraph;

        A. 3132--A                          3

     1    (g)  shall  file returns with and pay to the New York state department
     2  of taxation and finance all state and local sales taxes and excise taxes
     3  due  on  sales  into  this  state  in  accordance  with  the  applicable
     4  provisions  of  the  tax  law relating to such taxes, the amount of such
     5  taxes  to be determined on the basis that each sale in this state was at
     6  the location where delivery is made;
     7    (h) shall keep all records required by this section  for  three  years
     8  and provide copies of such records, upon written request, to the author-
     9  ity or the department of taxation and finance;
    10    (i)  shall  permit  the  authority  or  the department of taxation and
    11  finance to perform an audit of such out-of-state shipper upon request;
    12    (j) shall execute a written consent to the jurisdiction of this state,
    13  its agencies and instrumentalities and the courts of this state concern-
    14  ing enforcement of this section and any related laws,  rules,  or  regu-
    15  lations, including tax laws, rules or regulations; and
    16    (k) shall prior to obtaining an out-of-state direct shipper's license,
    17  obtain  a  certificate  of  authority pursuant to section eleven hundred
    18  thirty-four of the tax law and a registration as a distributor  pursuant
    19  to  sections  four hundred twenty-one and four hundred twenty-two of the
    20  tax law.
    21    4. Situs. Delivery of a shipment in this state by  the  holder  of  an
    22  out-of-state  direct  shipper's  license shall be deemed to constitute a
    23  sale in this state at the place of delivery and shall be subject to  all
    24  excise  taxes levied pursuant to section four hundred twenty-four of the
    25  tax law and all sales taxes levied pursuant to articles twenty-eight and
    26  twenty-nine of such law.
    27    5. Renewal. The out-of-state shipper may annually  renew  its  license
    28  with  the  authority  by paying a one hundred twenty-five dollar renewal
    29  fee, providing the authority with a true copy of its current license  in
    30  such  other state as an alcoholic beverage manufacturer and by complying
    31  with such other procedures as are prescribed by rule of the authority.
    32    6. Rules and regulations. The authority and the department of taxation
    33  and finance may promulgate  rules  and  regulations  to  effectuate  the
    34  purposes of this section.
    35    7.  Enforcement.  The  authority  may enforce the requirements of this
    36  section including the requirements imposed on  the  common  carrier,  by
    37  administrative  proceedings  to  suspend or revoke an out-of-state ship-
    38  per's license and the authority may accept payment of an  administrative
    39  fine  in  lieu of suspension, such payments to be determined by rules or
    40  regulations promulgated by the authority. In addition, the authority  or
    41  the attorney general of the state of New York shall report violations of
    42  this  section,  where  appropriate,  to  the United States department of
    43  treasury, tax and trade bureau, for administrative action to suspend  or
    44  revoke the federal basic permit.
    45    8.  Violations.  In  any action brought under this section, the common
    46  carrier and the licensee shall only be held liable for their independent
    47  acts.
    48    § 69. Direct intrastate liquor shipments. Any  person  having  applied
    49  for  and  received a class A-1, class B-1, class C, or class D distiller
    50  license under section sixty-one of this article may ship  no  more  than
    51  thirty-six  cases (no more than nine liters per case) of liquor produced
    52  by such licensee per year directly to a New York state resident  who  is
    53  at  least  twenty-one years of age, for such resident's personal use and
    54  not for resale.
    55    1. Licensee's shipping responsibilities. Notwithstanding any provision
    56  to the contrary contained in this chapter, any above referred licensee:

        A. 3132--A                          4

     1    (a) shall ship no more than thirty-six cases (no more than nine liters
     2  per case) per year of liquor produced by such license holder directly to
     3  a New York state resident who is at least twenty-one years of  age,  for
     4  such resident's personal use and not for resale;
     5    (b) may ship within the same packaging any and all alcoholic beverages
     6  it  lawfully produces and which it sells in accordance with its shipping
     7  privileges and responsibilities  pursuant  to  the  provisions  of  this
     8  section  and  sections  thirty-six,  fifty-nine-c, and seventy-nine-d of
     9  this chapter, as applicable;
    10    (c) shall ensure that the outside of each shipping container  used  to
    11  ship  liquor  directly  to  a  New  York state resident is conspicuously
    12  labeled with the words:  "CONTAINS ALCOHOLIC BEVERAGES  -  SIGNATURE  OF
    13  PERSON  AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with
    14  other language specifically  approved  by  the  New  York  state  liquor
    15  authority;
    16    (d)  shall  maintain  records in such manner and form as the authority
    17  may direct showing the total amount of liquor shipped in the state  each
    18  calendar  year,  the  names  and addresses of the purchasers to whom the
    19  liquor was shipped, the date purchased, the name of the  common  carrier
    20  used to deliver the liquor, and the quantity and value of each shipment.
    21  Such records shall be kept for three years and, upon written request, be
    22  provided to the authority or the department of taxation and finance;
    23    (e) shall in connection with the acceptance of an order for a delivery
    24  of  liquor  to  a New York resident, require the prospective customer to
    25  represent that he or she has attained the age  of  twenty-one  years  or
    26  more  and  that  the liquor being purchased will not be resold or intro-
    27  duced into commerce; and
    28    (f) shall require common carriers to:
    29    (i) require a recipient, at the delivery address,  upon  delivery,  to
    30  demonstrate  that  the  recipient is at least twenty-one years of age by
    31  providing a valid form  of  photographic  identification  authorized  by
    32  section sixty-five-b of this article;
    33    (ii)  require a recipient to sign an electronic or paper form or other
    34  acknowledgment of receipt as approved by the authority; and
    35    (iii) refuse delivery when the proposed recipient appears to be  under
    36  twenty-one  years  of age and refuses to present valid identification as
    37  required by paragraph (a) of this subdivision.
    38    2. Violations. In any action brought under this  section,  the  common
    39  carrier and the licensee shall only be held liable for their independent
    40  acts.
    41    §  3.  The alcoholic beverage control law is amended by adding two new
    42  sections 59-b and 59-c to read as follows:
    43    § 59-b. Direct interstate cider shipments. 1. Authorization.  Notwith-
    44  standing any provision of law, rule or regulation to the  contrary,  any
    45  holder  of a license to manufacture cider in any other state who obtains
    46  an out-of-state direct shipper's license, as provided in  this  section,
    47  may  ship  no  more than thirty-six cases (no more than nine liters each
    48  case) of cider produced by such license holder per year  directly  to  a
    49  resident  of  New York who is at least twenty-one years of age, for such
    50  resident's personal use and not for resale, provided the state in  which
    51  such  person  is so licensed affords lawful means for shipments of cider
    52  to be received by a resident thereof who is at least twenty-one years of
    53  age, for such resident's personal use and not for resale, from a  person
    54  licensed in this state as a manufacturer and, provided further, that the
    55  state  in  which  such out-of-state cider producer is located affords to
    56  New York state licensed manufacturers with the  privilege  of  producing

        A. 3132--A                          5

     1  cider  reciprocal cider shipping privileges, meaning shipping privileges
     2  that are substantially similar to the requirements in this  section.  No
     3  person  shall place an order for shipment of cider unless they are twen-
     4  ty-one  years  of age or older.  Any common carrier with a permit issued
     5  pursuant to this chapter to whom such out-of-state shipper's license  is
     6  presented is authorized to make delivery of shipments provided for here-
     7  under in this state in compliance with this section.
     8    2.  License.  Before  sending  any shipment hereunder to a resident in
     9  this state, the out-of-state shipper shall first obtain a  license  from
    10  the  authority  under  procedures prescribed by rules and regulations of
    11  the authority and after providing the authority with a true copy of  its
    12  current  license  to manufacture cider in the applicant's state of domi-
    13  cile along with a copy of the applicant's  federal  basic  permit  after
    14  payment  of  an  annual fee of one hundred twenty-five dollars. Notwith-
    15  standing the provisions of section one hundred ten of this chapter,  the
    16  authority  in  its discretion, may excuse an out-of-state cider producer
    17  from the submission of such information.
    18    3. Licensee's responsibilities. The holder of an  out-of-state  direct
    19  shipper's license:
    20    (a) shall ship no more than thirty-six cases (no more than nine liters
    21  each case) per year of cider produced by such license holder directly to
    22  a  New  York state resident who is at least twenty-one years of age, for
    23  such resident's personal use and not for resale;
    24    (b) may ship within the same packaging any and all alcoholic beverages
    25  it lawfully produces and which it sells in accordance with its  shipping
    26  privileges  and  responsibilities  pursuant  to  the  provisions of this
    27  section and sections thirty-five,  sixty-eight,  and  seventy-nine-c  of
    28  this chapter, as applicable;
    29    (c)  shall  ensure that the outside of each shipping container used to
    30  ship cider directly to a New York resident is conspicuously labeled with
    31  the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR
    32  OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or  with  other  language
    33  specifically approved by the New York state liquor authority;
    34    (d)  shall  maintain  records in such manner and form as the authority
    35  may direct, showing the total amount of cider  shipped  into  the  state
    36  each  calendar  year;  the names and addresses of the purchasers to whom
    37  the cider was shipped, the date purchased, the name of the common carri-
    38  er used to deliver the cider, and the quantity and value of  each  ship-
    39  ment;
    40    (e) shall in connection with the acceptance of an order for a delivery
    41  of  cider  to  a  New York resident, require the prospective customer to
    42  represent that he or she has attained the age  of  twenty-one  years  or
    43  more and that the cider being purchased will not be resold or introduced
    44  into commerce;
    45    (f) shall require common carriers to:
    46    (i)  require  a  recipient, at the delivery address, upon delivery, to
    47  demonstrate that the recipient is at least twenty-one years  of  age  by
    48  providing  a  valid  form  of  photographic identification authorized by
    49  section sixty-five-b of this chapter;
    50    (ii) require a recipient to sign an electronic or paper form or  other
    51  acknowledgement of receipt as approved by the authority; and
    52    (iii)  refuse delivery when the proposed recipient appears to be under
    53  twenty-one years of age and refuses to present valid  identification  as
    54  required by subparagraph (i) of this paragraph;
    55    (g)  shall  file returns with and pay to the New York state department
    56  of taxation and finance all state and local sales taxes and excise taxes

        A. 3132--A                          6

     1  due  on  sales  into  this  state  in  accordance  with  the  applicable
     2  provisions  of  the  tax  law relating to such taxes, the amount of such
     3  taxes to be determined on the basis that each sale in this state was  at
     4  the location where delivery is made;
     5    (h)  shall  keep  all records required by this section for three years
     6  and provide copies of such records, upon written request, to the author-
     7  ity or the department of taxation and finance;
     8    (i) shall permit the authority  or  the  department  of  taxation  and
     9  finance to perform an audit of such out-of-state shipper upon request;
    10    (j) shall execute a written consent to the jurisdiction of this state,
    11  its agencies and instrumentalities and the courts of this state concern-
    12  ing  enforcement  of  this section and any related laws, rules, or regu-
    13  lations, including tax laws, rules or regulations; and
    14    (k) shall prior to obtaining an out-of-state direct shipper's license,
    15  obtain a certificate of authority pursuant  to  section  eleven  hundred
    16  thirty-four  of the tax law and a registration as a distributor pursuant
    17  to sections four hundred twenty-one and four hundred twenty-two  of  the
    18  tax law.
    19    4.  Situs.  Delivery  of  a shipment in this state by the holder of an
    20  out-of-state direct shipper's license shall be deemed  to  constitute  a
    21  sale  in this state at the place of delivery and shall be subject to all
    22  excise taxes levied pursuant to section four hundred twenty-four of  the
    23  tax law and all sales taxes levied pursuant to articles twenty-eight and
    24  twenty-nine of such law.
    25    5.  Renewal.  The  out-of-state shipper may annually renew its license
    26  with the authority by paying a one hundred  twenty-five  dollar  renewal
    27  fee,  providing the authority with a true copy of its current license in
    28  such other state as an alcoholic beverage manufacturer and by  complying
    29  with such other procedures as are prescribed by rule of the authority.
    30    6. Rules and regulations. The authority and the department of taxation
    31  and  finance  may  promulgate  rules  and  regulations to effectuate the
    32  purposes of this section.
    33    7. Enforcement. The authority may enforce  the  requirements  of  this
    34  section  including  the  requirements  imposed on the common carrier, by
    35  administrative proceedings to suspend or revoke  an  out-of-state  ship-
    36  per's  license and the authority may accept payment of an administrative
    37  fine in lieu of suspension, such payments to be determined by  rules  or
    38  regulations  promulgated by the authority. In addition, the authority or
    39  the attorney general of the state of New York shall report violations of
    40  this section, where appropriate, to  the  United  States  department  of
    41  treasury,  tax and trade bureau, for administrative action to suspend or
    42  revoke the federal basic permit.
    43    8. Violations. In any action brought under this  section,  the  common
    44  carrier and the licensee shall only be held liable for their independent
    45  acts.
    46    §  59-c.  Direct intrastate cider shipments. Any person having applied
    47  for and received  a  manufacturing  license  under  this  chapter  which
    48  includes  the privilege of producing cider may ship no more than thirty-
    49  six cases (no more than nine liters per case) of cider produced by  such
    50  manufacturer  per  year  directly to a New York state resident who is at
    51  least twenty-one years of age, for such resident's personal use and  not
    52  for resale.
    53    1. Licensee's shipping responsibilities. Notwithstanding any provision
    54  to the contrary contained in this chapter, any above referred licensee:
    55    (a)  shall  ship  no  more  than  thirty-six  cases (no more than nine
    56  liters) per year of cider produced by such license holder directly to  a

        A. 3132--A                          7

     1  New  York  state  resident  who is at least twenty-one years of age, for
     2  such resident's personal use and not for resale;
     3    (b) may ship within the same packaging any and all alcoholic beverages
     4  it  lawfully produces and which it sells in accordance with its shipping
     5  privileges and responsibilities  pursuant  to  the  provisions  of  this
     6  section  and sections thirty-six, sixty-nine, and seventy-nine-d of this
     7  chapter, as applicable;
     8    (c) shall ensure that the outside of each shipping container  used  to
     9  ship  cider  directly  to  a  New  York  state resident is conspicuously
    10  labeled with the words: "CONTAINS ALCOHOLIC  BEVERAGES  -  SIGNATURE  OF
    11  PERSON  AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with
    12  other language specifically  approved  by  the  New  York  state  liquor
    13  authority;
    14    (d)  shall  maintain  records in such manner and form as the authority
    15  may direct showing the total amount of cider shipped in the  state  each
    16  calendar  year,  the  names  and addresses of the purchasers to whom the
    17  cider was shipped, the date purchased, the name of  the  common  carrier
    18  used  to deliver the cider, and the quantity and value of each shipment.
    19  Such records shall be kept for three years and, upon written request, be
    20  provided to the authority or the department of taxation and finance;
    21    (e) shall in connection with the acceptance of an order for a delivery
    22  of cider to a New York resident, require  the  prospective  customer  to
    23  represent  that  he  or  she has attained the age of twenty-one years or
    24  more and that the cider being purchased will not be resold or introduced
    25  into commerce; and
    26    (f) shall require common carriers to:
    27    (i) require a recipient, at the delivery address,  upon  delivery,  to
    28  demonstrate  that  the  recipient is at least twenty-one years of age by
    29  providing a valid form  of  photographic  identification  authorized  by
    30  section sixty-five-b of this chapter;
    31    (ii)  require a recipient to sign an electronic or paper form or other
    32  acknowledgment of receipt as approved by the authority; and
    33    (iii) refuse delivery when the proposed recipient appears to be  under
    34  twenty-one  years  of age and refuses to present valid identification as
    35  required by paragraph (a) of this subdivision.
    36    2. Violations. In any action brought under this  section,  the  common
    37  carrier and the licensee shall only be held liable for their independent
    38  acts.
    39    §  4.  The alcoholic beverage control law is amended by adding two new
    40  sections 35 and 36 to read as follows:
    41    § 35. Direct interstate mead and braggot shipments. 1.  Authorization.
    42  Notwithstanding  any provision of law, rule or regulation to the contra-
    43  ry, any holder of a license to manufacture mead and/or  braggot  in  any
    44  other  state,  who  obtains an out-of-state direct shipper's license, as
    45  provided in this section, may ship no more  than  thirty-six  cases  (no
    46  more  than nine liters per case) of mead and/or braggot produced by such
    47  license holder per year directly to a resident of New  York  who  is  at
    48  least  twenty-one years of age, for such resident's personal use and not
    49  for resale, provided the state in  which  such  person  is  so  licensed
    50  affords lawful means for shipments of mead and/or braggot to be received
    51  by  a resident thereof who is at least twenty-one years of age, for such
    52  resident's personal use and not for resale, from a  person  licensed  in
    53  this  state  as  a manufacturer and, provided further, that the state in
    54  which such out-of-state manufacturer of mead and/or braggot  is  located
    55  affords  to New York state manufacturers of mead and/or braggot recipro-
    56  cal shipping privileges, meaning shipping privileges that  are  substan-

        A. 3132--A                          8

     1  tially  similar  to  the  requirements  in this section. No person shall
     2  place an order for shipment of mead and/or braggot unless they are twen-
     3  ty-one years of age or older. Any common carrier with  a  permit  issued
     4  pursuant  to this chapter to whom such out-of-state shipper's license is
     5  presented is authorized to make delivery of shipments provided for here-
     6  under in this state in compliance with this section.
     7    2. License. Before sending any shipment hereunder  to  a  resident  in
     8  this  state,  the out-of-state shipper shall first obtain a license from
     9  the authority under procedures prescribed by rules  and  regulations  of
    10  the  authority and after providing the authority with a true copy of its
    11  current license to manufacture mead and/or braggot  in  the  applicant's
    12  state  of  domicile  along  with a copy of the applicant's federal basic
    13  permit and/or brewer's notice after payment of  an  annual  fee  of  one
    14  hundred  twenty-five  dollars. Notwithstanding the provisions of section
    15  one hundred ten of this chapter, the authority in  its  discretion,  may
    16  excuse  an  out-of-state  manufacturer  of  mead and/or braggot from the
    17  submission of such information.
    18    3. Licensee's responsibilities. The holder of an  out-of-state  direct
    19  shipper's license:
    20    (a) shall ship no more than thirty-six cases (no more than nine liters
    21  per case) per year of mead and/or braggot produced by such license hold-
    22  er  directly  to  a  New  York state resident who is at least twenty-one
    23  years of age, for such resident's personal use and not for resale;
    24    (b) may ship within the same packaging any and all alcoholic beverages
    25  it lawfully produces and which it sells in accordance with its  shipping
    26  privileges  and  responsibilities  pursuant  to  the  provisions of this
    27  section and sections fifty-nine-b, sixty-eight,  and  seventy-nine-c  of
    28  this chapter, as applicable;
    29    (c)  shall  ensure that the outside of each shipping container used to
    30  ship mead and/or braggot directly to a New York resident is conspicuous-
    31  ly labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE  OF
    32  PERSON  AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with
    33  other language specifically  approved  by  the  New  York  state  liquor
    34  authority;
    35    (d)  shall  maintain  records in such manner and form as the authority
    36  may direct, showing the total amount of mead and/or braggot shipped into
    37  the state each calendar year; the names and addresses of the  purchasers
    38  to  whom  the  mead  and/or braggot was shipped, the date purchased, the
    39  name of the common carrier used to deliver the mead and/or braggot,  and
    40  the quantity and value of each shipment;
    41    (e) shall in connection with the acceptance of an order for a delivery
    42  of  mead  and/or braggot to a New York resident, require the prospective
    43  customer to represent that he or she has attained the age of  twenty-one
    44  years  or more and that the mead and/or braggot being purchased will not
    45  be resold or introduced into commerce;
    46    (f) shall require common carriers to:
    47    (i) require a recipient, at the delivery address,  upon  delivery,  to
    48  demonstrate  that  the  recipient is at least twenty-one years of age by
    49  providing a valid form  of  photographic  identification  authorized  by
    50  section sixty-five-b of this article;
    51    (ii)  require a recipient to sign an electronic or paper form or other
    52  acknowledgement of receipt as approved by the authority; and
    53    (iii) refuse delivery when the proposed recipient appears to be  under
    54  twenty-one  years  of age and refuses to present valid identification as
    55  required by subparagraph (i) of this paragraph;

        A. 3132--A                          9

     1    (g) shall file returns with and pay to the New York  state  department
     2  of taxation and finance all state and local sales taxes and excise taxes
     3  due  on  sales  into  this  state  in  accordance  with  the  applicable
     4  provisions of the tax law relating to such taxes,  the  amount  of  such
     5  taxes  to be determined on the basis that each sale in this state was at
     6  the location where delivery is made;
     7    (h) shall keep all records required by this section  for  three  years
     8  and provide copies of such records, upon written request, to the author-
     9  ity or the department of taxation and finance;
    10    (i)  shall  permit  the  authority  or  the department of taxation and
    11  finance to perform an audit of such out-of-state shipper upon request;
    12    (j) shall execute a written consent to the jurisdiction of this state,
    13  its agencies and instrumentalities and the courts of this state concern-
    14  ing enforcement of this section and any related laws,  rules,  or  regu-
    15  lations, including tax laws, rules or regulations; and
    16    (k) shall prior to obtaining an out-of-state direct shipper's license,
    17  obtain  a  certificate  of  authority pursuant to section eleven hundred
    18  thirty-four of the tax law and a registration as a distributor  pursuant
    19  to  sections  four hundred twenty-one and four hundred twenty-two of the
    20  tax law.
    21    4. Situs. Delivery of a shipment in this state by  the  holder  of  an
    22  out-of-state  direct  shipper's  license shall be deemed to constitute a
    23  sale in this state at the place of delivery and shall be subject to  all
    24  excise  taxes levied pursuant to section four hundred twenty-four of the
    25  tax law and all sales taxes levied pursuant to articles twenty-eight and
    26  twenty-nine of such law.
    27    5. Renewal. The out-of-state shipper may annually  renew  its  license
    28  with  the  authority  by paying a one hundred twenty-five dollar renewal
    29  fee, providing the authority with a true copy of its current license  in
    30  such  other state as an alcoholic beverage manufacturer and by complying
    31  with such other procedures as are prescribed by rule of the authority.
    32    6. Rules and regulations. The authority and the department of taxation
    33  and finance may promulgate  rules  and  regulations  to  effectuate  the
    34  purposes of this section.
    35    7.  Enforcement.  The  authority  may enforce the requirements of this
    36  section including the requirements imposed on  the  common  carrier,  by
    37  administrative  proceedings  to  suspend or revoke an out-of-state ship-
    38  per's license and the authority may accept payment of an  administrative
    39  fine  in  lieu of suspension, such payments to be determined by rules or
    40  regulations promulgated by the authority. In addition, the authority  or
    41  the attorney general of the state of New York shall report violations of
    42  this  section,  where  appropriate,  to  the United States department of
    43  treasury, tax and trade bureau, for administrative action to suspend  or
    44  revoke the federal basic permit.
    45    8.  Violations.  In  any action brought under this section, the common
    46  carrier and the licensee shall only be held liable for their independent
    47  acts.
    48    § 36. Direct intrastate mead and braggot shipments. Any person  having
    49  applied  for  and  received  a  manufacturing license under this chapter
    50  which includes the privilege of producing mead and/or braggot  may  ship
    51  no  more  than  thirty-six  cases (no more than nine liters per case) of
    52  mead and/or braggot produced by such manufacturer per year directly to a
    53  New York state resident who is at least twenty-one  years  of  age,  for
    54  such resident's personal use and not for resale.
    55    1. Licensee's shipping responsibilities. Notwithstanding any provision
    56  to the contrary contained in this chapter, any above referred licensee:

        A. 3132--A                         10

     1    (a) shall ship no more than thirty-six cases (no more than nine liters
     2  per case) per year of mead and/or braggot produced by such license hold-
     3  er  directly  to  a  New  York state resident who is at least twenty-one
     4  years of age, for such resident's personal use and not for resale;
     5    (b) may ship within the same packaging any and all alcoholic beverages
     6  it  lawfully produces and which it sells in accordance with its shipping
     7  privileges and responsibilities  pursuant  to  the  provisions  of  this
     8  section  and  sections  fifty-nine-c,  sixty-nine, and seventy-nine-d of
     9  this chapter, as applicable;
    10    (c) shall ensure that the outside of each shipping container  used  to
    11  ship  mead  and/or  braggot  directly  to  a  New York state resident is
    12  conspicuously labeled with the words: "CONTAINS  ALCOHOLIC  BEVERAGES  -
    13  SIGNATURE  OF  PERSON  AGE  21  OR OLDER REQUIRED FOR DELIVERY - NOT FOR
    14  RESALE," or with other language specifically approved by  the  New  York
    15  state liquor authority;
    16    (d)  shall  maintain  records in such manner and form as the authority
    17  may direct showing the total amount of mead and/or  braggot  shipped  in
    18  the  state each calendar year, the names and addresses of the purchasers
    19  to whom the mead and/or braggot was shipped,  the  date  purchased,  the
    20  name  of the common carrier used to deliver the mead and/or braggot, and
    21  the quantity and value of each shipment. Such records shall be kept  for
    22  three  years  and, upon written request, be provided to the authority or
    23  the department of taxation and finance;
    24    (e) shall in connection with the acceptance of an order for a delivery
    25  of mead and/or braggot to a New York resident, require  the  prospective
    26  customer  to represent that he or she has attained the age of twenty-one
    27  years or more and that the mead and/or braggot being purchased will  not
    28  be resold or introduced into commerce; and
    29    (f) shall require common carriers to:
    30    (i)  require  a  recipient, at the delivery address, upon delivery, to
    31  demonstrate that the recipient is at least twenty-one years  of  age  by
    32  providing  a  valid  form  of  photographic identification authorized by
    33  section sixty-five-b of this article;
    34    (ii) require a recipient to sign an electronic or paper form or  other
    35  acknowledgment of receipt as approved by the authority; and
    36    (iii)  refuse delivery when the proposed recipient appears to be under
    37  twenty-one years of age and refuses to present valid  identification  as
    38  required by paragraph (a) of this subdivision.
    39    2.  Violations.  In  any action brought under this section, the common
    40  carrier and the licensee shall only be held liable for their independent
    41  acts.
    42    § 5. Subdivision 3 of section 79-c of the alcoholic  beverage  control
    43  law,  as  amended by chapter 221 of the laws of 2011, is amended to read
    44  as follows:
    45    3. Licensee's responsibilities. The holder of an  out-of-state  direct
    46  shipper's license [shall]:
    47    (a) shall ship no more than thirty-six cases (no more than nine liters
    48  each  case) per year of wine produced by such license holder directly to
    49  a New York state resident who is at least twenty-one years of  age,  for
    50  such resident's personal use and not for resale;
    51    (b) may ship within the same packaging any and all alcoholic beverages
    52  it  lawfully produces and which it sells in accordance with its shipping
    53  privileges and responsibilities  pursuant  to  the  provisions  of  this
    54  section  and sections thirty-five, fifty-nine-b, and sixty-eight of this
    55  chapter, as applicable;

        A. 3132--A                         11

     1    (c) shall ensure that the outside of each shipping container  used  to
     2  ship  wine directly to a New York resident is conspicuously labeled with
     3  the words:  "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE  OF  PERSON
     4  AGE  21  OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other
     5  language specifically approved by the New York state liquor authority;
     6    [(c)]  (d)  shall  maintain  records  in  such  manner and form as the
     7  authority may direct, showing the total amount of wine shipped into  the
     8  state  each  calendar year; the names and addresses of the purchasers to
     9  whom the wine was shipped, the date purchased, the name  of  the  common
    10  carrier  used  to  deliver  the wine, and the quantity and value of each
    11  shipment;
    12    [(d)] (e) shall in connection with the acceptance of an  order  for  a
    13  delivery of wine to a New York resident, require the prospective custom-
    14  er  to represent that he or she has attained the age of twenty-one years
    15  or more and that the wine being purchased will not be resold  or  intro-
    16  duced into commerce;
    17    [(e)] (f) shall require common carriers to:
    18    (i)  require  a  recipient, at the delivery address, upon delivery, to
    19  demonstrate that the recipient is at least twenty-one years  of  age  by
    20  providing  a  valid  form  of  photographic identification authorized by
    21  section sixty-five-b of this chapter;
    22    (ii) require a recipient to sign an electronic or paper form or  other
    23  acknowledgement of receipt as approved by the authority; and
    24    (iii)  refuse delivery when the proposed recipient appears to be under
    25  twenty-one years of age and refuses to present valid  identification  as
    26  required by subparagraph (i) of this paragraph;
    27    [(f)]  (g)  shall  file  returns  with  and  pay to the New York state
    28  department of taxation and finance all state and local sales  taxes  and
    29  excise  taxes due on sales into this state in accordance with the appli-
    30  cable provisions of the tax law relating to such taxes,  the  amount  of
    31  such  taxes  to  be determined on the basis that each sale in this state
    32  was at the location where delivery is made;
    33    [(g)] (h) shall keep all records required by this  section  for  three
    34  years  and  provide copies of such records, upon written request, to the
    35  authority or the department of taxation and finance;
    36    [(h)] (i) shall permit the authority or the department of taxation and
    37  finance to perform an audit of such out-of-state shipper upon request;
    38    [(i)] (j) shall execute a written consent to the jurisdiction of  this
    39  state,  its  agencies and instrumentalities and the courts of this state
    40  concerning enforcement of this section and any related laws,  rules,  or
    41  regulations, including tax laws, rules or regulations; and
    42    [(j)]  (k)  shall  prior to obtaining an out-of-state direct shipper's
    43  license, obtain a certificate of authority pursuant  to  section  eleven
    44  hundred  thirty-four  of the tax law and a registration as a distributor
    45  pursuant to sections four hundred twenty-one and four hundred twenty-two
    46  of the tax law.
    47    § 6. Section 79-d of the alcoholic beverage control law, as amended by
    48  chapter 184 of the laws of 2005,  paragraph  (c)  of  subdivision  1  as
    49  amended  by  chapter  221  of  the  laws  of 2011, is amended to read as
    50  follows:
    51    § 79-d. Direct intrastate wine shipments. Any  person  having  applied
    52  for  and  received  a  license as a winery or farm winery under sections
    53  seventy-six, seventy-six-a, seventy-six-b, seventy-six-c,  seventy-six-d
    54  and seventy-six-f of this article may ship no more than thirty-six cases
    55  (no  more  than  nine  liters  per case) of wine produced by such winery
    56  [for] or farm winery per year directly to a New York state resident  who

        A. 3132--A                         12

     1  is  at  least  twenty-one years of age, for such resident's personal use
     2  and not for resale.
     3    1. Licensee's shipping responsibilities. Notwithstanding any provision
     4  to  the  contrary contained in this chapter, any above referred licensee
     5  [shall]:
     6    (a) shall in the case of a farm winery licensee or a winery  licensee,
     7  ship  no  more than thirty-six cases (no more than nine liters) per year
     8  of wine produced by such license holder directly to  a  New  York  state
     9  resident  who  is  at least twenty-one years of age, for such resident's
    10  personal use and not for resale;
    11    (b) may ship within the same packaging any and all alcoholic beverages
    12  it lawfully produces and which it sells in accordance with its  shipping
    13  privileges  and  responsibilities  pursuant  to  the  provisions of this
    14  section and sections thirty-six, fifty-nine-c, and  sixty-nine  of  this
    15  chapter, as applicable;
    16    (c)  shall  ensure that the outside of each shipping container used to
    17  ship wine directly to a New York state resident is conspicuously labeled
    18  with the words: "CONTAINS [WINE]  ALCOHOLIC  BEVERAGES  -  SIGNATURE  OF
    19  PERSON  AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with
    20  other language specifically  approved  by  the  New  York  state  liquor
    21  authority;
    22    [(c)]  (d)  shall  maintain  records  in  such  manner and form as the
    23  authority may direct showing the total amount of  wine  shipped  in  the
    24  state  each  calendar year, the names and addresses of the purchasers to
    25  whom the wine was shipped, the date purchased, the name  of  the  common
    26  carrier  used  to  deliver  the wine, and the quantity and value of each
    27  shipment.  Such records shall be kept for three years and, upon  written
    28  request,  be provided to the authority or the department of taxation and
    29  finance;
    30    [(d)] (e) shall in connection with the acceptance of an  order  for  a
    31  delivery of wine to a New York resident, require the prospective custom-
    32  er  to represent that he or she has attained the age of twenty-one years
    33  or more and that the wine being purchased will not be resold  or  intro-
    34  duced into commerce; and
    35    [(e)] (f) shall require common carriers to:
    36    (i)  require  a  recipient, at the delivery address, upon delivery, to
    37  demonstrate that the recipient is at least twenty-one years  of  age  by
    38  providing  a  valid  form  of  photographic identification authorized by
    39  section sixty-five-b of this chapter;
    40    (ii) require a recipient to sign an electronic or paper form or  other
    41  acknowledgment of receipt as approved by the authority; and
    42    (iii)  refuse delivery when the proposed recipient appears to be under
    43  twenty-one years of age and refuses to present valid  identification  as
    44  required by paragraph (a) of this subdivision.
    45    2.  Violations.  In  any action brought under this section, the common
    46  carrier and the licensee shall only be held liable for their independent
    47  acts.
    48    § 7. This act shall take effect on the ninetieth day  after  it  shall
    49  have  become  a  law.    Effective  immediately, the addition, amendment
    50  and/or repeal of any rule or regulation necessary for the implementation
    51  of this act on  its  effective  date  are  authorized  to  be  made  and
    52  completed on or before such effective date.
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