Bill Text: NY S04457 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the shipment of alcoholic beverages into the state and requires the completion of a report by the primary source of supply before commencing such sale or shipment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04457 Detail]
Download: New_York-2013-S04457-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4457
2013-2014 Regular Sessions
I N S E N A T E
April 3, 2013
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to the
shipment of alcoholic beverages into the state
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 a
2 new section 101-c to read as follows:
3 S 101-C. PRIMARY SOURCE OF SUPPLY. 1. FOR THE PURPOSES OF THIS
4 SECTION, AND TO IMPLEMENT SECTIONS ONE HUNDRED ONE-B, ONE HUNDRED THREE,
5 ONE HUNDRED FOUR AND ONE HUNDRED SEVEN-A OF THIS ARTICLE, IF APPLICABLE,
6 AND SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-SIX OF THE
7 TAX LAW, THE "PRIMARY SOURCE OF SUPPLY" OF AN ALCOHOLIC BEVERAGE SHALL
8 MEAN THE MANUFACTURER OR BRAND OWNER IF LOCATED IN THE UNITED STATES OR,
9 IN THE CASE OF AN ALCOHOLIC BEVERAGE MANUFACTURED OUTSIDE THE UNITED
10 STATES, A LICENSED IMPORTER OF SUCH ALCOHOLIC BEVERAGE.
11 2. BEFORE COMMENCING THE SALE OR SHIPMENT OF ANY ALCOHOLIC BEVERAGE
12 INTO OR WITHIN THIS STATE, THE PRIMARY SOURCE OF SUPPLY OF SUCH ALCOHOL-
13 IC BEVERAGE SHALL SUBMIT TO THE AUTHORITY A COMPLETE REPORT, ON ELEC-
14 TRONIC FORMS PRESCRIBED BY THE AUTHORITY, WHICH SHALL INCLUDE:
15 (A) THE NAME OF THE PRIMARY SOURCE OF SUPPLY;
16 (B) A LIST OF THE NAMES OF THE LICENSED WHOLESALERS IN THIS STATE
17 DESIGNATED TO SELL THE ALCOHOLIC BEVERAGE:
18 (I) SUCH LIST SHALL BE CONSISTENT WITH ANY LIST SUBMITTED PURSUANT TO
19 PARAGRAPH (A) OF SUBDIVISION FOUR-A OF SECTION ONE HUNDRED ONE-B OF THIS
20 ARTICLE RESTRICTING THE DISTRIBUTION OF SUCH ALCOHOLIC BEVERAGE TO
21 CERTAIN WHOLESALERS;
22 (II) THIS PARAGRAPH SHALL NOT REQUIRE THE PRIMARY SOURCE OF SUPPLY TO
23 RESTRICT THE SALE OF ANY ALCOHOLIC BEVERAGE TO CERTAIN WHOLESALERS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06745-04-3
S. 4457 2
1 (C) IF APPLICABLE, THE NAME OF THE PERSON, IF NOT THE PRIMARY SOURCE
2 OF SUPPLY, DESIGNATED TO FILE THE PRICE SCHEDULE FOR THE PRODUCT
3 REQUIRED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE
4 HUNDRED ONE-B OF THIS ARTICLE;
5 (D) THE NAME OF THE PERSON, IF NOT THE PRIMARY SOURCE OF SUPPLY,
6 DESIGNATED TO FILE THE APPLICATION FOR REGISTRATION OF THE BRAND OR
7 TRADE NAME LABEL PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF
8 SECTION ONE HUNDRED SEVEN-A OF THIS ARTICLE;
9 (E) THE PRODUCTS TO BE SOLD IN, OR SHIPPED INTO, THIS STATE, INCLUD-
10 ING:
11 (I) THE BRAND NAME;
12 (II) CLASS TYPE;
13 (III) FANCIFUL NAME.
14 (F) IF APPLICABLE, CONFIRMATION OF COMPLIANCE WITH APPLICABLE FEDERAL
15 AND/OR STATE LABELING REQUIREMENTS, SUCH AS ALCOHOL AND TOBACCO TAX AND
16 TRADE BUREAU (TTB) IDENTIFICATION NUMBER FOR THE BRAND LABEL AND NEW
17 YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS LABORATORY ANALYSIS.
18 3. SUCH FORM SHALL BE SUBMITTED TO THE AUTHORITY AT LEAST THIRTY DAYS
19 BEFORE THE ALCOHOLIC BEVERAGES SET FORTH THEREIN ARE SHIPPED INTO OR
20 SOLD IN THIS STATE. FOR GOOD CAUSE SHOWN, AND FOR REASONS NOT INCONSIST-
21 ENT WITH THE PURPOSE OF THIS CHAPTER, THE AUTHORITY, IN ITS DISCRETION,
22 MAY ALLOW FOR THE SUBMISSION OF A FORM LESS THAN THIRTY DAYS BEFORE THE
23 ALCOHOLIC BEVERAGES SET FORTH THEREIN ARE SHIPPED INTO OR SOLD IN THIS
24 STATE.
25 4. A NEW FORM MUST BE FILED IN THE EVENT THAT A MANUFACTURER CHANGES
26 ITS DESIGNATED IMPORTER OR WHOLESALERS PRIOR TO CONTINUING THE SALE OR
27 SHIPMENT OF ANY ALCOHOLIC BEVERAGE.
28 5. THE AUTHORITY SHALL SPECIFY THE ELECTRONIC FORMAT AND FORMS. THE
29 AUTHORITY SHALL MAKE SUCH FILING AVAILABLE TO THE PUBLIC ON-LINE.
30 6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PRIVATELY HELD
31 WINE OR LIQUOR BEING SOLD PURSUANT TO SECTIONS EIGHTY-FIVE OR
32 NINETY-NINE-G OF THIS CHAPTER OR TO WINE SOLD PURSUANT TO A DIRECT
33 INTERSTATE WINE SHIPPING LICENSE ISSUED UNDER SECTION SEVENTY-NINE-C OF
34 THIS CHAPTER OR ALCOHOL SOLD PURSUANT TO A PERMIT UNDER SUBDIVISION F OF
35 SECTION NINETY-NINE-B OF THIS CHAPTER.
36 7. NO LICENSED WHOLESALER SHALL SELL AN ALCOHOLIC BEVERAGE TO A
37 RETAILER UNLESS SUCH WHOLESALER HAS PURCHASED THE ALCOHOLIC BEVERAGE
38 FROM THE PRIMARY SOURCE OF SUPPLY, EXCEPT AS OTHERWISE PROVIDED BY LAW.
39 8. NO RETAILER SHALL PURCHASE AN ALCOHOLIC BEVERAGE OTHER THAN FROM
40 THE MANUFACTURER, IF LICENSED IN THIS STATE TO MANUFACTURE SUCH ALCOHOL-
41 IC BEVERAGE, OR FROM A WHOLESALER WHO HAS BEEN AUTHORIZED BY THE PRIMARY
42 SOURCE OF SUPPLY, PURSUANT TO SUBDIVISION TWO OF THIS SECTION, TO SELL
43 SUCH ALCOHOLIC BEVERAGE.
44 9. THE PRIMARY SOURCE OF SUPPLY SHALL MAINTAIN RECORDS OF ALL TRANS-
45 ACTIONS WITH WHOLESALERS LICENSED WITHIN THIS STATE WHICH SHALL SHOW THE
46 NAMES, ADDRESSES AND LICENSE NUMBERS OF SUCH LICENSEES TOGETHER WITH THE
47 QUANTITY AND PRICE OF ALCOHOLIC BEVERAGES SOLD TO SUCH LICENSEES. SUCH
48 RECORDS SHALL BE MAINTAINED FOR A PERIOD OF TWO YEARS AND SHALL BE MADE
49 AVAILABLE FOR INSPECTION BY THE AUTHORITY AND THE DEPARTMENT OF TAXATION
50 AND FINANCE.
51 10. THE AUTHORITY IS HEREBY AUTHORIZED TO DO SUCH ACTS, PRESCRIBE SUCH
52 FORMS AND MAKE SUCH RULES, REGULATIONS AND ORDERS AS IT MAY DEEM NECES-
53 SARY OR PROPER TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
54 S 2. This act shall take effect on the one hundred eightieth day after
55 it shall have become a law.
