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A07907 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      July 19, 2023
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          enacting  the "beverage industry jobs act" relating 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.  This act shall be known and may be cited as the "beverage
     2  industry jobs act".
     3    § 2. Legislative purpose. The legislature finds and declares that  the
     4  proper  regulation and control of the manufacture, sale and distribution
     5  of alcoholic beverages is in the best interest of the  citizens  of  New
     6  York  state.  The legislature also believes it is in the interest of the
     7  citizens of New York state to promote and support the state's  wine  and
     8  craft  spirits  industry,  a  growing industry that is helping to revive
     9  local economies in many areas of the state.  Helping  the  producers  of
    10  alcoholic  beverages  while ensuring that all taxes are properly paid on
    11  all wine and liquor sales in the state will increase  economic  activity
    12  in  the  city  and state, ensure that jobs that have left the state as a
    13  result of the lack of such a law will  return  to  the  state  and  will
    14  increase  tax  revenue  for the state that is currently going unpaid and
    15  unaudited.
    16    § 3. Paragraph (a) of subdivision 1 of section 102  of  the  alcoholic
    17  beverage  control law, as amended by chapter 210 of the laws of 2005, is
    18  amended and a new paragraph (a-1) is added to read as follows:
    19    (a) Except as provided in section seventy-nine-c of this  chapter,  no
    20  alcoholic  beverages  shall  be  shipped  into the state unless the same
    21  shall be consigned to a person duly licensed  hereunder  to  traffic  in
    22  alcoholic beverages. No such alcoholic beverages shall be delivered to a
    23  retail  licensee other than from inventory stored at a premises or ware-
    24  house located in this state that is owned, rented or leased by a  whole-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7907                             2
     1  saler  licensed by the state of New York. Such inventory shall be deemed
     2  to include only alcoholic beverages which shall have been stored in such
     3  premises or warehouse for a period of at  least  twenty-four  continuous
     4  hours. This prohibition shall apply to all shipments of alcoholic bever-
     5  ages  into  New  York state and includes importation or distribution for
     6  commercial purposes, for personal use, or otherwise, and irrespective of
     7  whether such alcoholic beverages were purchased within  or  without  the
     8  state,  provided, however, this prohibition shall not apply to any ship-
     9  ment consigned to a New York resident who has personally purchased alco-
    10  holic beverages for his personal use while outside the United States for
    11  a minimum period of forty-eight  consecutive  hours  and  which  he  has
    12  shipped as consignor to himself as consignee. Purchases made outside the
    13  United  States  by  persons other than the purchaser himself, regardless
    14  whether made as his agent, or by his authorization or on his behalf, are
    15  deemed not to have been personally purchased within the meaning of  this
    16  paragraph.
    17    (a-1)  Any wine or distilled spirits produced in the state of New York
    18  are deemed to be in compliance with the requirements of paragraph (a) of
    19  this subdivision.
    20    § 4. This act shall take effect on the first of January next  succeed-
    21  ing the date on which it shall have become a law.
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