Bill Text: NY S03331 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for certain limited direct interstate shipments by retail licensees to sell wine for off-premises consumption.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S03331 Detail]
Download: New_York-2023-S03331-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3331 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the alcoholic beverage control law, in relation to providing for certain limited direct interstate shipments of wine for off-premises consumption The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading of section 79-c of the alcoholic bever- 2 age control law, as amended by chapter 184 of the laws of 2005, is 3 amended to read as follows: 4 Direct interstate wine shipments by licensees to manufacturing wine. 5 § 2. Section 79-d of the alcoholic beverage control law is renumbered 6 section 79-e and a new section 79-d is added to read as follows: 7 § 79-d. Direct interstate wine shipments by retail licensees to sell 8 wine for off-premises consumption. 1. Authorization. Notwithstanding any 9 provision of law, rule or regulation to the contrary, any holder of a 10 license to sell wine for off-premises consumption in any other state who 11 obtains an out-of-state direct shipper's license, as provided in this 12 section, may ship no more than thirty-six cases (no more than nine 13 liters each case) of wine per year directly to a resident of New York 14 who is at least twenty-one years of age, for such resident's personal 15 use and not for resale. No person shall place an order for shipment of 16 wine unless they are twenty-one years of age or older. Any common carri- 17 er with a permit issued pursuant to this chapter to whom such out-of- 18 state shipper's license is presented is authorized to make delivery of 19 shipments provided for hereunder in this state in compliance with this 20 section. 21 2. License. Before sending any shipment hereunder to a resident in 22 this state, the out-of-state shipper shall first obtain a license from 23 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. LBD02209-01-3S. 3331 2 1 the authority and after providing the authority with a true copy of its 2 current license to sell wine for off-premises consumption in the appli- 3 cant's state of domicile after payment of an annual fee of one hundred 4 twenty-five dollars. 5 3. Licensee's responsibilities. The holder of an out-of-state direct 6 shipper's license shall: 7 (a) ship no more than thirty-six cases (no more than nine liters each 8 case) per year of wine to a New York state resident who is at least 9 twenty-one years of age, for such resident's personal use and not for 10 resale; 11 (b) ensure that the outside of each shipping container used to ship 12 wine directly to a New York resident is conspicuously labeled with the 13 words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED 14 FOR DELIVERY - NOT FOR RESALE", or with other language specifically 15 approved by the New York state liquor authority; 16 (c) maintain records in such manner and form as the authority may 17 direct, showing the total amount of wine shipped into the state each 18 calendar year; the names and addresses of the purchasers to whom the 19 wine was shipped, the date purchased, the name of the common carrier 20 used to deliver the wine, and the quantity and value of each shipment; 21 (d) in connection with the acceptance of an order for a delivery of 22 wine to a New York resident, require the prospective customer to repre- 23 sent that he or she has attained the age of twenty-one years or more and 24 that the wine being purchased will not be resold or introduced into 25 commerce; 26 (e) 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 acknowledgement 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 subparagraph (i) of this paragraph; 36 (f) file returns with and pay to the New York state department of 37 taxation and finance all state and local sales taxes due on sales into 38 this state in accordance with the applicable provisions of the tax law 39 relating to such taxes, the amount of such taxes to be determined on the 40 basis that each sale in this state was at the location where delivery is 41 made; 42 (g) keep all records required by this section for three years and 43 provide copies of such records, upon written request, to the authority 44 or the department of taxation and finance; 45 (h) permit the authority or the department of taxation and finance to 46 perform an audit of such out-of-state shipper upon request; 47 (i) execute a written consent to the jurisdiction of this state, its 48 agencies and instrumentalities and the courts of this state concerning 49 enforcement of this section and any related laws, rules, or regulations, 50 including tax laws, rules or regulations; and 51 (j) prior to obtaining an out-of-state direct shipper's license, 52 obtain a certificate of authority pursuant to section eleven hundred 53 thirty-four of the tax law and a registration as a distributor pursuant 54 to sections four hundred twenty-one and four hundred twenty-two of the 55 tax law.S. 3331 3 1 4. Situs. Delivery of a shipment in this state by the holder of an 2 out-of-state direct shipper's license shall be deemed to constitute a 3 sale in this state at the place of delivery and shall be subject to all 4 sales taxes levied pursuant to articles twenty-eight and twenty-nine of 5 the tax law. 6 5. Renewal. The out-of-state shipper may annually renew its license 7 with the authority by paying a one hundred twenty-five dollar renewal 8 fee, providing the authority with a true copy of its current license in 9 such other state to sell wine for off-premises consumption and by 10 complying with such other procedures as are prescribed by rule of the 11 authority. 12 6. Rules and regulations. The authority and the department of taxation 13 and finance may promulgate rules and regulations to effectuate the 14 purposes of this section. 15 7. Enforcement. The authority may enforce the requirements of this 16 section including the requirements imposed on the common carrier, by 17 administrative proceedings to suspend or revoke an out-of-state ship- 18 per's license and the authority may accept payment of an administrative 19 fine in lieu of suspension, such payments to be determined by rules or 20 regulations promulgated by the authority. 21 8. Violations. In any action brought under this section, the common 22 carrier and the licensee shall only be held liable for their independent 23 acts. 24 § 3. This act shall take effect on the thirtieth day after it shall 25 have become a law. Effective immediately, the addition, amendment and/or 26 repeal of any rule or regulation necessary for the implementation of 27 this act on its effective date are authorized to be made and completed 28 on or before such effective date.
