Bill Text: NY A10573 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes the direct intrastate and interstate shipment of liquor, cider, mead, and braggot; relates to direct shipments of wine.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-07-06 - referred to economic development [A10573 Detail]
Download: New_York-2021-A10573-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10573 IN ASSEMBLY July 6, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lupardo) -- read once and referred to the Committee on Economic Development 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 alcoholic beverage control law is amended by adding two 2 new sections 68 and 69 to read as follows: 3 § 68. Direct interstate liquor shipments. 1. Authorization. Notwith- 4 standing any provision of law, rule or regulation to the contrary, any 5 holder of a license to manufacture liquor in any other state, who 6 obtains an out-of-state direct shipper's license, as provided in this 7 section, may ship no more than thirty-six cases (no more than nine 8 liters each case) of liquor produced by such license holder per year 9 directly to a resident of New York who is at least twenty-one years of 10 age, for such resident's personal use and not for resale, provided the 11 state in which such person is so licensed affords lawful means for ship- 12 ments of liquor to be received by a resident thereof who is at least 13 twenty-one years of age, for such resident's personal use and not for 14 resale, from a person licensed in this state as a manufacturer and, 15 provided further, that the state in which such out-of-state distillery 16 is located affords to New York state licensed manufacturers with the 17 privilege of producing liquor reciprocal shipping privileges, meaning 18 shipping privileges that are substantially similar to the requirements 19 in this section. No person shall place an order for shipment of liquor 20 unless they are twenty-one years of age or older. Any common carrier 21 with a permit issued pursuant to this chapter to whom such out-of-state 22 shipper's license is presented is authorized to make delivery of ship- 23 ments provided for hereunder in this state in compliance with this 24 section. 25 2. License. Before sending any shipment hereunder to a resident in 26 this state, the out-of-state shipper shall first obtain a license from 27 the authority under procedures prescribed by rules and regulations of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02947-07-2A. 10573 2 1 the authority and after providing the authority with a true copy of its 2 current license to manufacture liquor in the applicant's state of domi- 3 cile along with a copy of the applicant's federal basic permit after 4 payment of an annual fee of one hundred twenty-five dollars. Notwith- 5 standing the provisions of section one hundred ten of this chapter, the 6 authority in its discretion, may excuse an out-of-state distillery from 7 the submission of such information. 8 3. Licensee's responsibilities. The holder of an out-of-state direct 9 shipper's license: 10 (a) shall ship no more than thirty-six cases (no more than nine liters 11 each case) per year of liquor produced by such license holder directly 12 to a New York state resident who is at least twenty-one years of age, 13 for such resident's personal use and not for resale; 14 (b) may ship within the same packaging any and all alcoholic beverages 15 it lawfully produces and which it sells in accordance with its shipping 16 privileges and responsibilities pursuant to the provisions of this 17 section and sections thirty-five, fifty-nine-b, and seventy-nine-c of 18 this chapter, as applicable; 19 (c) shall ensure that the outside of each shipping container used to 20 ship liquor directly to a New York resident is conspicuously labeled 21 with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 22 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other 23 language specifically approved by the New York state liquor authority; 24 (d) shall maintain records in such manner and form as the authority 25 may direct, showing the total amount of liquor shipped into the state 26 each calendar year; the names and addresses of the purchasers to whom 27 the liquor was shipped, the date purchased, the name of the common 28 carrier used to deliver the liquor, and the quantity and value of each 29 shipment; 30 (e) shall in connection with the acceptance of an order for a delivery 31 of liquor to a New York resident, require the prospective customer to 32 represent that he or she has attained the age of twenty-one years or 33 more and that the liquor being purchased will not be resold or intro- 34 duced into commerce; 35 (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 article; 40 (ii) require a recipient to sign an electronic or paper form or other 41 acknowledgement 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 subparagraph (i) of this paragraph; 45 (g) shall file returns with and pay to the New York state department 46 of taxation and finance all state and local sales taxes and excise taxes 47 due on sales into this state in accordance with the applicable 48 provisions of the tax law relating to such taxes, the amount of such 49 taxes to be determined on the basis that each sale in this state was at 50 the location where delivery is made; 51 (h) shall keep all records required by this section for three years 52 and provide copies of such records, upon written request, to the author- 53 ity or the department of taxation and finance; 54 (i) shall permit the authority or the department of taxation and 55 finance to perform an audit of such out-of-state shipper upon request;A. 10573 3 1 (j) shall execute a written consent to the jurisdiction of this state, 2 its agencies and instrumentalities and the courts of this state concern- 3 ing enforcement of this section and any related laws, rules, or regu- 4 lations, including tax laws, rules or regulations; and 5 (k) shall prior to obtaining an out-of-state direct shipper's license, 6 obtain a certificate of authority pursuant to section eleven hundred 7 thirty-four of the tax law and a registration as a distributor pursuant 8 to sections four hundred twenty-one and four hundred twenty-two of the 9 tax law. 10 4. Situs. Delivery of a shipment in this state by the holder of an 11 out-of-state direct shipper's license shall be deemed to constitute a 12 sale in this state at the place of delivery and shall be subject to all 13 excise taxes levied pursuant to section four hundred twenty-four of the 14 tax law and all sales taxes levied pursuant to articles twenty-eight and 15 twenty-nine of such law. 16 5. Renewal. The out-of-state shipper may annually renew its license 17 with the authority by paying a one hundred twenty-five dollar renewal 18 fee, providing the authority with a true copy of its current license in 19 such other state as an alcoholic beverage manufacturer and by complying 20 with such other procedures as are prescribed by rule of the authority. 21 6. Rules and regulations. The authority and the department of taxation 22 and finance may promulgate rules and regulations to effectuate the 23 purposes of this section. 24 7. Enforcement. The authority may enforce the requirements of this 25 section including the requirements imposed on the common carrier, by 26 administrative proceedings to suspend or revoke an out-of-state ship- 27 per's license and the authority may accept payment of an administrative 28 fine in lieu of suspension, such payments to be determined by rules or 29 regulations promulgated by the authority. In addition, the authority or 30 the attorney general of the state of New York shall report violations of 31 this section, where appropriate, to the United States department of 32 treasury, tax and trade bureau, for administrative action to suspend or 33 revoke the federal basic permit. 34 8. Violations. In any action brought under this section, the common 35 carrier and the licensee shall only be held liable for their independent 36 acts. 37 § 69. Direct intrastate liquor shipments. Any person having applied 38 for and received a license under section sixty-one of this article may 39 ship no more than thirty-six cases (no more than nine liters per case) 40 of liquor produced by such licensee per year directly to a New York 41 state resident who is at least twenty-one years of age, for such resi- 42 dent's personal use and not for resale. 43 1. Licensee's shipping responsibilities. Notwithstanding any provision 44 to the contrary contained in this chapter, any above referred licensee: 45 (a) shall ship no more than thirty-six cases (no more than nine liters 46 per case) per year of liquor produced by such license holder directly to 47 a New York state resident who is at least twenty-one years of age, for 48 such resident's personal use and not for resale; 49 (b) may ship within the same packaging any and all alcoholic beverages 50 it lawfully produces and which it sells in accordance with its shipping 51 privileges and responsibilities pursuant to the provisions of this 52 section and sections thirty-six, fifty-nine-c, and seventy-nine-d of 53 this chapter, as applicable; 54 (c) shall ensure that the outside of each shipping container used to 55 ship liquor directly to a New York state resident is conspicuously 56 labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OFA. 10573 4 1 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with 2 other language specifically approved by the New York state liquor 3 authority; 4 (d) shall maintain records in such manner and form as the authority 5 may direct showing the total amount of liquor shipped in the state each 6 calendar year, the names and addresses of the purchasers to whom the 7 liquor was shipped, the date purchased, the name of the common carrier 8 used to deliver the liquor, and the quantity and value of each shipment. 9 Such records shall be kept for three years and, upon written request, be 10 provided to the authority or the department of taxation and finance; 11 (e) shall in connection with the acceptance of an order for a delivery 12 of liquor to a New York resident, require the prospective customer to 13 represent that he or she has attained the age of twenty-one years or 14 more and that the liquor being purchased will not be resold or intro- 15 duced into commerce; and 16 (f) shall require common carriers to: 17 (i) require a recipient, at the delivery address, upon delivery, to 18 demonstrate that the recipient is at least twenty-one years of age by 19 providing a valid form of photographic identification authorized by 20 section sixty-five-b of this article; 21 (ii) require a recipient to sign an electronic or paper form or other 22 acknowledgment of receipt as approved by the authority; and 23 (iii) refuse delivery when the proposed recipient appears to be under 24 twenty-one years of age and refuses to present valid identification as 25 required by paragraph (a) of this subdivision. 26 2. Violations. In any action brought under this section, the common 27 carrier and the licensee shall only be held liable for their independent 28 acts. 29 § 2. The alcoholic beverage control law is amended by adding two new 30 sections 59-b and 59-c to read as follows: 31 § 59-b. Direct interstate cider shipments. 1. Authorization. Notwith- 32 standing any provision of law, rule or regulation to the contrary, any 33 holder of a license to manufacture cider in any other state who obtains 34 an out-of-state direct shipper's license, as provided in this section, 35 may ship no more than thirty-six cases (no more than nine liters each 36 case) of cider produced by such license holder per year directly to a 37 resident of New York who is at least twenty-one years of age, for such 38 resident's personal use and not for resale, provided the state in which 39 such person is so licensed affords lawful means for shipments of cider 40 to be received by a resident thereof who is at least twenty-one years of 41 age, for such resident's personal use and not for resale, from a person 42 licensed in this state as a manufacturer and, provided further, that the 43 state in which such out-of-state cider producer is located affords to 44 New York state licensed manufacturers with the privilege of producing 45 cider reciprocal cider shipping privileges, meaning shipping privileges 46 that are substantially similar to the requirements in this section. No 47 person shall place an order for shipment of cider unless they are twen- 48 ty-one years of age or older. Any common carrier with a permit issued 49 pursuant to this chapter to whom such out-of-state shipper's license is 50 presented is authorized to make delivery of shipments provided for here- 51 under in this state in compliance with this section. 52 2. License. Before sending any shipment hereunder to a resident in 53 this state, the out-of-state shipper shall first obtain a license from 54 the authority under procedures prescribed by rules and regulations of 55 the authority and after providing the authority with a true copy of its 56 current license to manufacture cider in the applicant's state of domi-A. 10573 5 1 cile along with a copy of the applicant's federal basic permit after 2 payment of an annual fee of one hundred twenty-five dollars. Notwith- 3 standing the provisions of section one hundred ten of this chapter, the 4 authority in its discretion, may excuse an out-of-state cider producer 5 from the submission of such information. 6 3. Licensee's responsibilities. The holder of an out-of-state direct 7 shipper's license: 8 (a) shall ship no more than thirty-six cases (no more than nine liters 9 each case) per year of cider produced by such license holder directly to 10 a New York state resident who is at least twenty-one years of age, for 11 such resident's personal use and not for resale; 12 (b) may ship within the same packaging any and all alcoholic beverages 13 it lawfully produces and which it sells in accordance with its shipping 14 privileges and responsibilities pursuant to the provisions of this 15 section and sections thirty-five, sixty-eight, and seventy-nine-c of 16 this chapter, as applicable; 17 (c) shall ensure that the outside of each shipping container used to 18 ship cider directly to a New York resident is conspicuously labeled with 19 the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR 20 OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language 21 specifically approved by the New York state liquor authority; 22 (d) shall maintain records in such manner and form as the authority 23 may direct, showing the total amount of cider shipped into the state 24 each calendar year; the names and addresses of the purchasers to whom 25 the cider was shipped, the date purchased, the name of the common carri- 26 er used to deliver the cider, and the quantity and value of each ship- 27 ment; 28 (e) shall in connection with the acceptance of an order for a delivery 29 of cider to a New York resident, require the prospective customer to 30 represent that he or she has attained the age of twenty-one years or 31 more and that the cider being purchased will not be resold or introduced 32 into commerce; 33 (f) shall require common carriers to: 34 (i) require a recipient, at the delivery address, upon delivery, to 35 demonstrate that the recipient is at least twenty-one years of age by 36 providing a valid form of photographic identification authorized by 37 section sixty-five-b of this chapter; 38 (ii) require a recipient to sign an electronic or paper form or other 39 acknowledgement of receipt as approved by the authority; and 40 (iii) refuse delivery when the proposed recipient appears to be under 41 twenty-one years of age and refuses to present valid identification as 42 required by subparagraph (i) of this paragraph; 43 (g) shall file returns with and pay to the New York state department 44 of taxation and finance all state and local sales taxes and excise taxes 45 due on sales into this state in accordance with the applicable 46 provisions of the tax law relating to such taxes, the amount of such 47 taxes to be determined on the basis that each sale in this state was at 48 the location where delivery is made; 49 (h) shall keep all records required by this section for three years 50 and provide copies of such records, upon written request, to the author- 51 ity or the department of taxation and finance; 52 (i) shall permit the authority or the department of taxation and 53 finance to perform an audit of such out-of-state shipper upon request; 54 (j) shall execute a written consent to the jurisdiction of this state, 55 its agencies and instrumentalities and the courts of this state concern-A. 10573 6 1 ing enforcement of this section and any related laws, rules, or regu- 2 lations, including tax laws, rules or regulations; and 3 (k) shall prior to obtaining an out-of-state direct shipper's license, 4 obtain a certificate of authority pursuant to section eleven hundred 5 thirty-four of the tax law and a registration as a distributor pursuant 6 to sections four hundred twenty-one and four hundred twenty-two of the 7 tax law. 8 4. Situs. Delivery of a shipment in this state by the holder of an 9 out-of-state direct shipper's license shall be deemed to constitute a 10 sale in this state at the place of delivery and shall be subject to all 11 excise taxes levied pursuant to section four hundred twenty-four of the 12 tax law and all sales taxes levied pursuant to articles twenty-eight and 13 twenty-nine of such law. 14 5. Renewal. The out-of-state shipper may annually renew its license 15 with the authority by paying a one hundred twenty-five dollar renewal 16 fee, providing the authority with a true copy of its current license in 17 such other state as an alcoholic beverage manufacturer and by complying 18 with such other procedures as are prescribed by rule of the authority. 19 6. Rules and regulations. The authority and the department of taxation 20 and finance may promulgate rules and regulations to effectuate the 21 purposes of this section. 22 7. Enforcement. The authority may enforce the requirements of this 23 section including the requirements imposed on the common carrier, by 24 administrative proceedings to suspend or revoke an out-of-state ship- 25 per's license and the authority may accept payment of an administrative 26 fine in lieu of suspension, such payments to be determined by rules or 27 regulations promulgated by the authority. In addition, the authority or 28 the attorney general of the state of New York shall report violations of 29 this section, where appropriate, to the United States department of 30 treasury, tax and trade bureau, for administrative action to suspend or 31 revoke the federal basic permit. 32 8. Violations. In any action brought under this section, the common 33 carrier and the licensee shall only be held liable for their independent 34 acts. 35 § 59-c. Direct intrastate cider shipments. Any person having applied 36 for and received a manufacturering license under this chapter which 37 includes the privilege of producing cider may ship no more than thirty- 38 six cases (no more than nine liters per case) of cider produced by such 39 manufacturer per year directly to a New York state resident who is at 40 least twenty-one years of age, for such resident's personal use and not 41 for resale. 42 1. Licensee's shipping responsibilities. Notwithstanding any provision 43 to the contrary contained in this chapter, any above referred licensee: 44 (a) shall ship no more than thirty-six cases (no more than nine 45 liters) per year of cider produced by such license holder directly to a 46 New York state resident who is at least twenty-one years of age, for 47 such resident's personal use and not for resale; 48 (b) may ship within the same packaging any and all alcoholic beverages 49 it lawfully produces and which it sells in accordance with its shipping 50 privileges and responsibilities pursuant to the provisions of this 51 section and sections thirty-six, sixty-nine, and seventy-nine-d of this 52 chapter, as applicable; 53 (c) shall ensure that the outside of each shipping container used to 54 ship cider directly to a New York state resident is conspicuously 55 labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF 56 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or withA. 10573 7 1 other language specifically approved by the New York state liquor 2 authority; 3 (d) shall maintain records in such manner and form as the authority 4 may direct showing the total amount of cider shipped in the state each 5 calendar year, the names and addresses of the purchasers to whom the 6 cider was shipped, the date purchased, the name of the common carrier 7 used to deliver the cider, and the quantity and value of each shipment. 8 Such records shall be kept for three years and, upon written request, be 9 provided to the authority or the department of taxation and finance; 10 (e) shall in connection with the acceptance of an order for a delivery 11 of cider to a New York resident, require the prospective customer to 12 represent that he or she has attained the age of twenty-one years or 13 more and that the cider being purchased will not be resold or introduced 14 into commerce; and 15 (f) shall require common carriers to: 16 (i) require a recipient, at the delivery address, upon delivery, to 17 demonstrate that the recipient is at least twenty-one years of age by 18 providing a valid form of photographic identification authorized by 19 section sixty-five-b of this chapter; 20 (ii) require a recipient to sign an electronic or paper form or other 21 acknowledgment of receipt as approved by the authority; and 22 (iii) refuse delivery when the proposed recipient appears to be under 23 twenty-one years of age and refuses to present valid identification as 24 required by paragraph (a) of this subdivision. 25 2. Violations. In any action brought under this section, the common 26 carrier and the licensee shall only be held liable for their independent 27 acts. 28 § 3. The alcoholic beverage control law is amended by adding two new 29 sections 35 and 36 to read as follows: 30 § 35. Direct interstate mead and braggot shipments. 1. Authorization. 31 Notwithstanding any provision of law, rule or regulation to the contra- 32 ry, any holder of a license to manufacture mead and/or braggot in any 33 other state, who obtains an out-of-state direct shipper's license, as 34 provided in this section, may ship no more than thirty-six cases (no 35 more than nine liters per case) of mead and/or braggot produced by such 36 license holder per year directly to a resident of New York who is at 37 least twenty-one years of age, for such resident's personal use and not 38 for resale, provided the state in which such person is so licensed 39 affords lawful means for shipments of mead and/or braggot to be received 40 by a resident thereof who is at least twenty-one years of age, for such 41 resident's personal use and not for resale, from a person licensed in 42 this state as a manufacturer and, provided further, that the state in 43 which such out-of-state manufacturer of mead and/or braggot is located 44 affords to New York state manufacturers of mead and/or braggot recipro- 45 cal shipping privileges, meaning shipping privileges that are substan- 46 tially similar to the requirements in this section. No person shall 47 place an order for shipment of mead and/or braggot unless they are twen- 48 ty-one years of age or older. Any common carrier with a permit issued 49 pursuant to this chapter to whom such out-of-state shipper's license is 50 presented is authorized to make delivery of shipments provided for here- 51 under in this state in compliance with this section. 52 2. License. Before sending any shipment hereunder to a resident in 53 this state, the out-of-state shipper shall first obtain a license from 54 the authority under procedures prescribed by rules and regulations of 55 the authority and after providing the authority with a true copy of its 56 current license to manufacture mead and/or braggot in the applicant'sA. 10573 8 1 state of domicile along with a copy of the applicant's federal basic 2 permit and/or brewer's notice after payment of an annual fee of one 3 hundred twenty-five dollars. Notwithstanding the provisions of section 4 one hundred ten of this chapter, the authority in its discretion, may 5 excuse an out-of-state manufacturer of mead and/or braggot from the 6 submission of such information. 7 3. Licensee's responsibilities. The holder of an out-of-state direct 8 shipper's license: 9 (a) shall ship no more than thirty-six cases (no more than nine liters 10 per case) per year of mead and/or braggot produced by such license hold- 11 er directly to a New York state resident who is at least twenty-one 12 years of age, for such resident's personal use and not for resale; 13 (b) may ship within the same packaging any and all alcoholic beverages 14 it lawfully produces and which it sells in accordance with its shipping 15 privileges and responsibilities pursuant to the provisions of this 16 section and sections fifty-nine-b, sixty-eight, and seventy-nine-c of 17 this chapter, as applicable; 18 (c) shall ensure that the outside of each shipping container used to 19 ship mead and/or braggot directly to a New York resident is conspicuous- 20 ly labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF 21 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with 22 other language specifically approved by the New York state liquor 23 authority; 24 (d) shall maintain records in such manner and form as the authority 25 may direct, showing the total amount of mead and/or braggot shipped into 26 the state each calendar year; the names and addresses of the purchasers 27 to whom the mead and/or braggot was shipped, the date purchased, the 28 name of the common carrier used to deliver the mead and/or braggot, and 29 the quantity and value of each shipment; 30 (e) shall in connection with the acceptance of an order for a delivery 31 of mead and/or braggot to a New York resident, require the prospective 32 customer to represent that he or she has attained the age of twenty-one 33 years or more and that the mead and/or braggot being purchased will not 34 be resold or introduced into commerce; 35 (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 article; 40 (ii) require a recipient to sign an electronic or paper form or other 41 acknowledgement 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 subparagraph (i) of this paragraph; 45 (g) shall file returns with and pay to the New York state department 46 of taxation and finance all state and local sales taxes and excise taxes 47 due on sales into this state in accordance with the applicable 48 provisions of the tax law relating to such taxes, the amount of such 49 taxes to be determined on the basis that each sale in this state was at 50 the location where delivery is made; 51 (h) shall keep all records required by this section for three years 52 and provide copies of such records, upon written request, to the author- 53 ity or the department of taxation and finance; 54 (i) shall permit the authority or the department of taxation and 55 finance to perform an audit of such out-of-state shipper upon request;A. 10573 9 1 (j) shall execute a written consent to the jurisdiction of this state, 2 its agencies and instrumentalities and the courts of this state concern- 3 ing enforcement of this section and any related laws, rules, or regu- 4 lations, including tax laws, rules or regulations; and 5 (k) shall prior to obtaining an out-of-state direct shipper's license, 6 obtain a certificate of authority pursuant to section eleven hundred 7 thirty-four of the tax law and a registration as a distributor pursuant 8 to sections four hundred twenty-one and four hundred twenty-two of the 9 tax law. 10 4. Situs. Delivery of a shipment in this state by the holder of an 11 out-of-state direct shipper's license shall be deemed to constitute a 12 sale in this state at the place of delivery and shall be subject to all 13 excise taxes levied pursuant to section four hundred twenty-four of the 14 tax law and all sales taxes levied pursuant to articles twenty-eight and 15 twenty-nine of such law. 16 5. Renewal. The out-of-state shipper may annually renew its license 17 with the authority by paying a one hundred twenty-five dollar renewal 18 fee, providing the authority with a true copy of its current license in 19 such other state as an alcoholic beverage manufacturer and by complying 20 with such other procedures as are prescribed by rule of the authority. 21 6. Rules and regulations. The authority and the department of taxation 22 and finance may promulgate rules and regulations to effectuate the 23 purposes of this section. 24 7. Enforcement. The authority may enforce the requirements of this 25 section including the requirements imposed on the common carrier, by 26 administrative proceedings to suspend or revoke an out-of-state ship- 27 per's license and the authority may accept payment of an administrative 28 fine in lieu of suspension, such payments to be determined by rules or 29 regulations promulgated by the authority. In addition, the authority or 30 the attorney general of the state of New York shall report violations of 31 this section, where appropriate, to the United States department of 32 treasury, tax and trade bureau, for administrative action to suspend or 33 revoke the federal basic permit. 34 8. Violations. In any action brought under this section, the common 35 carrier and the licensee shall only be held liable for their independent 36 acts. 37 § 36. Direct intrastate mead and braggot shipments. Any person having 38 applied for and received a manufacturing license under this chapter 39 which includes the privilege of producing mead and/or braggot may ship 40 no more than thirty-six cases (no more than nine liters per case) of 41 mead and/or braggot produced by such manufacturer per year directly to a 42 New York state resident who is at least twenty-one years of age, for 43 such resident's personal use and not for resale. 44 1. Licensee's shipping responsibilities. Notwithstanding any provision 45 to the contrary contained in this chapter, any above referred licensee: 46 (a) shall ship no more than thirty-six cases (no more than nine liters 47 per case) per year of mead and/or braggot produced by such license hold- 48 er directly to a New York state resident who is at least twenty-one 49 years of age, for such resident's personal use and not for resale; 50 (b) may ship within the same packaging any and all alcoholic beverages 51 it lawfully produces and which it sells in accordance with its shipping 52 privileges and responsibilities pursuant to the provisions of this 53 section and sections fifty-nine-c, sixty-nine, and seventy-nine-d of 54 this chapter, as applicable; 55 (c) shall ensure that the outside of each shipping container used to 56 ship mead and/or braggot directly to a New York state resident isA. 10573 10 1 conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - 2 SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR 3 RESALE," or with other language specifically approved by the New York 4 state liquor authority; 5 (d) shall maintain records in such manner and form as the authority 6 may direct showing the total amount of mead and/or braggot shipped in 7 the state each calendar year, the names and addresses of the purchasers 8 to whom the mead and/or braggot was shipped, the date purchased, the 9 name of the common carrier used to deliver the mead and/or braggot, and 10 the quantity and value of each shipment. Such records shall be kept for 11 three years and, upon written request, be provided to the authority or 12 the department of taxation and finance; 13 (e) shall in connection with the acceptance of an order for a delivery 14 of mead and/or braggot to a New York resident, require the prospective 15 customer to represent that he or she has attained the age of twenty-one 16 years or more and that the mead and/or braggot being purchased will not 17 be resold or introduced into commerce; and 18 (f) shall require common carriers to: 19 (i) require a recipient, at the delivery address, upon delivery, to 20 demonstrate that the recipient is at least twenty-one years of age by 21 providing a valid form of photographic identification authorized by 22 section sixty-five-b of this article; 23 (ii) require a recipient to sign an electronic or paper form or other 24 acknowledgment of receipt as approved by the authority; and 25 (iii) refuse delivery when the proposed recipient appears to be under 26 twenty-one years of age and refuses to present valid identification as 27 required by paragraph (a) of this subdivision. 28 2. Violations. In any action brought under this section, the common 29 carrier and the licensee shall only be held liable for their independent 30 acts. 31 § 4. Subdivision 3 of section 79-c of the alcoholic beverage control 32 law, as amended by chapter 221 of the laws of 2011, is amended as 33 follows: 34 3. Licensee's responsibilities. The holder of an out-of-state direct 35 shipper's license [shall]: 36 (a) shall ship no more than thirty-six cases (no more than nine liters 37 each case) per year of wine produced by such license holder directly to 38 a New York state resident who is at least twenty-one years of age, for 39 such resident's personal use and not for resale; 40 (b) may ship within the same packaging any and all alcoholic beverages 41 it lawfully produces and which it sells in accordance with its shipping 42 privileges and responsibilities pursuant to the provisions of this 43 section and sections thirty-five, fifty-nine-b, and sixty-eight of this 44 chapter, as applicable; 45 (c) shall ensure that the outside of each shipping container used to 46 ship wine directly to a New York resident is conspicuously labeled with 47 the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON 48 AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other 49 language specifically approved by the New York state liquor authority; 50 [(c)] (d) shall maintain records in such manner and form as the 51 authority may direct, showing the total amount of wine shipped into the 52 state each calendar year; the names and addresses of the purchasers to 53 whom the wine was shipped, the date purchased, the name of the common 54 carrier used to deliver the wine, and the quantity and value of each 55 shipment;A. 10573 11 1 [(d)] (e) shall in connection with the acceptance of an order for a 2 delivery of wine to a New York resident, require the prospective custom- 3 er to represent that he or she has attained the age of twenty-one years 4 or more and that the wine being purchased will not be resold or intro- 5 duced into commerce; 6 [(e)] (f) shall require common carriers to: 7 (i) require a recipient, at the delivery address, upon delivery, to 8 demonstrate that the recipient is at least twenty-one years of age by 9 providing a valid form of photographic identification authorized by 10 section sixty-five-b of this chapter; 11 (ii) require a recipient to sign an electronic or paper form or other 12 acknowledgement of receipt as approved by the authority; and 13 (iii) refuse delivery when the proposed recipient appears to be under 14 twenty-one years of age and refuses to present valid identification as 15 required by subparagraph (i) of this paragraph; 16 [(f)] (g) shall file returns with and pay to the New York state 17 department of taxation and finance all state and local sales taxes and 18 excise taxes due on sales into this state in accordance with the appli- 19 cable provisions of the tax law relating to such taxes, the amount of 20 such taxes to be determined on the basis that each sale in this state 21 was at the location where delivery is made; 22 [(g)] (h) shall keep all records required by this section for three 23 years and provide copies of such records, upon written request, to the 24 authority or the department of taxation and finance; 25 [(h)] (i) shall permit the authority or the department of taxation and 26 finance to perform an audit of such out-of-state shipper upon request; 27 [(i)] (j) shall execute a written consent to the jurisdiction of this 28 state, its agencies and instrumentalities and the courts of this state 29 concerning enforcement of this section and any related laws, rules, or 30 regulations, including tax laws, rules or regulations; and 31 [(j)] (k) shall prior to obtaining an out-of-state direct shipper's 32 license, obtain a certificate of authority pursuant to section eleven 33 hundred thirty-four of the tax law and a registration as a distributor 34 pursuant to sections four hundred twenty-one and four hundred twenty-two 35 of the tax law. 36 § 5. Section 79-d of the alcoholic beverage control law, as amended by 37 chapter 184 of the laws of 2005, paragraph (c) of subdivision 1 as 38 amended by chapter 221 of the laws of 2011, is amended to read as 39 follows: 40 § 79-d. Direct intrastate wine shipments. Any person having applied 41 for and received a license as a winery or farm winery under sections 42 seventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d 43 and seventy-six-f of this article may ship no more than thirty-six cases 44 (no more than nine liters per case) of wine produced by such winery 45 [for] or farm winery per year directly to a New York state resident who 46 is at least twenty-one years of age, for such resident's personal use 47 and not for resale. 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) shall in the case of a farm winery licensee or a winery licensee, 52 ship no more than thirty-six cases (no more than nine liters) per year 53 of wine produced by such license holder directly to a New York state 54 resident who is at least twenty-one years of age, for such resident's 55 personal use and not for resale;A. 10573 12 1 (b) may ship within the same packaging any and all alcoholic beverages 2 it lawfully produces and which it sells in accordance with its shipping 3 privileges and responsibilities pursuant to the provisions of this 4 section and sections thirty-six, fifty-nine-c, and sixty-nine of this 5 chapter, as applicable; 6 (c) shall ensure that the outside of each shipping container used to 7 ship wine directly to a New York state resident is conspicuously labeled 8 with the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF 9 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with 10 other language specifically approved by the New York state liquor 11 authority; 12 [(c)] (d) shall maintain records in such manner and form as the 13 authority may direct showing the total amount of wine shipped in the 14 state each calendar year, the names and addresses of the purchasers to 15 whom the wine was shipped, the date purchased, the name of the common 16 carrier used to deliver the wine, and the quantity and value of each 17 shipment. Such records shall be kept for three years and, upon written 18 request, be provided to the authority or the department of taxation and 19 finance; 20 [(d)] (e) shall in connection with the acceptance of an order for a 21 delivery of wine to a New York resident, require the prospective custom- 22 er to represent that he or she has attained the age of twenty-one years 23 or more and that the wine being purchased will not be resold or intro- 24 duced into commerce; and 25 [(e)] (f) shall require common carriers to: 26 (i) require a recipient, at the delivery address, upon delivery, to 27 demonstrate that the recipient is at least twenty-one years of age by 28 providing a valid form of photographic identification authorized by 29 section sixty-five-b of this chapter; 30 (ii) require a recipient to sign an electronic or paper form or other 31 acknowledgment of receipt as approved by the authority; and 32 (iii) refuse delivery when the proposed recipient appears to be under 33 twenty-one years of age and refuses to present valid identification as 34 required by paragraph (a) of this subdivision. 35 2. Violations. In any action brought under this section, the common 36 carrier and the licensee shall only be held liable for their independent 37 acts. 38 § 6. The opening paragraph of subdivision 3 of section 107-a of the 39 alcoholic beverage control law, as amended by chapter 354 of the laws of 40 2013, is amended to read as follows: 41 No alcoholic beverage shall be offered or advertised for sale in this 42 state, including direct interstate shipments under this chapter, unless: 43 § 7. This act shall take effect on the ninetieth day after it shall 44 have become a law. Effective immediately, the addition, amendment 45 and/or repeal of any rule or regulation necessary for the implementation 46 of this act on its effective date are authorized to be made and 47 completed on or before such effective date.
