Bill Text: NY A09789 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the shipment of wine to residents of the state.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2012-05-01 - reported referred to codes [A09789 Detail]
Download: New_York-2011-A09789-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9789
I N A S S E M B L Y
April 5, 2012
___________
Introduced by M. of A. SCHIMMINGER, BOYLAND, BROOK-KRASNY, CYMBROWITZ,
JAFFEE, REILLY, P. RIVERA, ROBERTS, ROBINSON -- Multi-Sponsored by --
M. of A. GALEF, HIKIND -- read once and referred to the Committee on
Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
shipment of wine to residents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 79-c of the alcoholic beverage
2 control law, as amended by chapter 221 of the laws of 2011, is amended
3 to read as follows:
4 3. Licensee's responsibilities. The holder of an out-of-state direct
5 shipper's license shall:
6 (a) ship no more than thirty-six cases (no more than nine liters each
7 case) per year of wine produced by such license holder directly to a New
8 York state resident who is at least twenty-one years of age, for such
9 resident's personal use and not for resale;
10 (b) ensure that the outside of each shipping container used to ship
11 wine directly to a New York resident is conspicuously labeled with the
12 words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
13 FOR DELIVERY - NOT FOR RESALE," or with other language specifically
14 approved by the New York state liquor authority. THE LABEL REQUIRED
15 PURSUANT TO THIS PARAGRAPH MUST BE APPLIED REGARDLESS OF THE MODE OF
16 PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES MADE BY TELE-
17 PHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISHMENT THAT SELLS
18 WINE OR THROUGH AN ONLINE PURCHASE;
19 (c) maintain records in such manner and form as the authority may
20 direct, showing the total amount of wine shipped into the state each
21 calendar year; the names and addresses of the purchasers to whom the
22 wine was shipped, the date purchased, the name of the common carrier
23 used to deliver the wine, and the quantity and value of each shipment;
24 (d) in connection with the acceptance of an order for a delivery of
25 wine to a New York resident, require the prospective customer to repre-
26 sent that he or she has attained the age of twenty-one years or more and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14314-06-2
A. 9789 2
1 that the wine being purchased will not be resold or introduced into
2 commerce;
3 (e) require common carriers to:
4 (i) require a recipient, at the delivery address, upon delivery, to
5 demonstrate that the recipient is at least twenty-one years of age by
6 providing a valid form of photographic identification authorized by
7 section sixty-five-b of this chapter. THE IDENTIFICATION REQUIRED BY
8 THIS SUBPARAGRAPH MUST BE PRESENTED TO THE COMMON CARRIER REGARDLESS OF
9 THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF
10 THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISH-
11 MENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE;
12 (ii) require a recipient to sign an electronic or paper form or other
13 acknowledgement of receipt as approved by the authority. THE SIGNATURE
14 REQUIRED BY THIS SUBPARAGRAPH MUST BE ACQUIRED BY THE COMMON CARRIER
15 REGARDLESS OF THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO,
16 PURCHASES OF THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN
17 ESTABLISHMENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE; and
18 (iii) refuse delivery when the proposed recipient appears to be under
19 twenty-one years of age and refuses to present valid identification as
20 required by subparagraph (i) of this paragraph, REGARDLESS OF THE MODE
21 OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF THE WINE
22 BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISHMENT THAT
23 SELLS WINE OR THROUGH AN ONLINE PURCHASE;
24 (f) file returns with and pay to the New York state department of
25 taxation and finance all state and local sales taxes and excise taxes
26 due on sales into this state in accordance with the applicable
27 provisions of the tax law relating to such taxes, the amount of such
28 taxes to be determined on the basis that each sale in this state was at
29 the location where delivery is made;
30 (g) keep all records required by this section for three years and
31 provide copies of such records, upon written request, to the authority
32 or the department of taxation and finance;
33 (h) permit the authority or the department of taxation and finance to
34 perform an audit of such out-of-state shipper upon request;
35 (i) execute a written consent to the jurisdiction of this state, its
36 agencies and instrumentalities and the courts of this state concerning
37 enforcement of this section and any related laws, rules, or regulations,
38 including tax laws, rules or regulations; and
39 (j) prior to obtaining an out-of-state direct shipper's license,
40 obtain a certificate of authority pursuant to section eleven hundred
41 thirty-four of the tax law and a registration as a distributor pursuant
42 to sections four hundred twenty-one and four hundred twenty-two of the
43 tax law.
44 S 2. Subdivision 1 of section 79-d of the alcoholic beverage control
45 law, as amended by chapter 184 of the laws of 2005, paragraph (c) as
46 amended by chapter 221 of the laws of 2011, is amended to read as
47 follows:
48 1. Licensee's shipping responsibilities. Notwithstanding any provision
49 to the contrary contained in this chapter, any above referred licensee
50 shall:
51 (a) in the case of a farm winery licensee or a winery licensee, ship
52 no more than thirty-six cases (no more than nine liters) per year of
53 wine produced by such license holder directly to a New York state resi-
54 dent who is at least twenty-one years of age, for such resident's
55 personal use and not for resale;
A. 9789 3
1 (b) ensure that the outside of each shipping container used to ship
2 wine directly to a New York state resident is conspicuously labeled with
3 the words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
4 FOR DELIVERY," or with other language specifically approved by the New
5 York state liquor authority. THE LABEL REQUIRED PURSUANT TO THIS PARA-
6 GRAPH MUST BE APPLIED REGARDLESS OF THE MODE OF PURCHASE AND INCLUDES,
7 BUT IS NOT LIMITED TO, PURCHASES MADE BY TELEPHONE, BY MAIL, BY CATALOG,
8 IN PERSON AT AN ESTABLISHMENT THAT SELLS WINE OR THROUGH AN ONLINE
9 PURCHASE;
10 (c) maintain records in such manner and form as the authority may
11 direct showing the total amount of wine shipped in the state each calen-
12 dar year, the names and addresses of the purchasers to whom the wine was
13 shipped, the date purchased, the name of the common carrier used to
14 deliver the wine, and the quantity and value of each shipment. Such
15 records shall be kept for three years and, upon written request, be
16 provided to the authority or the department of taxation and finance;
17 (d) in connection with the acceptance of an order for a delivery of
18 wine to a New York resident, require the prospective customer to repre-
19 sent that he or she has attained the age of twenty-one years or more and
20 that the wine being purchased will not be resold or introduced into
21 commerce; and
22 (e) require common carriers to:
23 (i) require a recipient, at the delivery address, upon delivery, to
24 demonstrate that the recipient is at least twenty-one years of age by
25 providing a valid form of photographic identification authorized by
26 section sixty-five-b of this chapter. THE IDENTIFICATION REQUIRED BY
27 THIS SUBPARAGRAPH MUST BE PRESENTED TO THE COMMON CARRIER REGARDLESS OF
28 THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF
29 THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISH-
30 MENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE;
31 (ii) require a recipient to sign an electronic or paper form or other
32 acknowledgment of receipt as approved by the authority. THE SIGNATURE
33 REQUIRED BY THIS SUBPARAGRAPH MUST BE ACQUIRED BY THE COMMON CARRIER
34 REGARDLESS OF THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO,
35 PURCHASES OF THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN
36 ESTABLISHMENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE; and
37 (iii) refuse delivery when the proposed recipient appears to be under
38 twenty-one years of age and refuses to present valid identification as
39 required by paragraph (a) of this subdivision, REGARDLESS OF THE MODE OF
40 PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF THE WINE BY
41 TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISHMENT THAT SELLS
42 WINE OR THROUGH AN ONLINE PURCHASE.
43 S 3. Subdivision 1 of section 102 of the alcoholic beverage control
44 law is amended by adding a new paragraph (c-1) to read as follows:
45 (C-1) ANY COMMON CARRIER OR OTHER PERSON BRINGING OR CARRYING INTO THE
46 STATE PACKAGES THAT MAY CONTAIN ALCOHOLIC BEVERAGES SHALL VERIFY THE
47 CONTENTS OF SUCH PACKAGES AND IF SUCH PACKAGES CONTAIN ALCOHOLIC BEVER-
48 AGES, SUCH PERSON OR COMMON CARRIER SHALL ADHERE TO THE SHIPPING
49 REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SEVENTY-NINE-C
50 AND SUBDIVISION ONE OF SECTION SEVENTY-NINE-D OF THIS CHAPTER OR BE
51 GUILTY OF A MISDEMEANOR AS PROVIDED FOR IN SUBDIVISIONS THREE AND FIVE
52 OF SECTION ONE HUNDRED THIRTY OF THIS ARTICLE.
53 S 4. This act shall take effect on the sixtieth day after it shall
54 have become a law.
