•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S02852 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2852--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 25, 2023
                                       ___________
 
        Introduced by Sens. SKOUFIS, BORRELLO, GALLIVAN, GOUNARDES, MAY, O'MARA,
          ROLISON,  STEC,  WEBER  --  read  twice  and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment  Operations  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee

        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  opening paragraph of subdivision 3 of  section  107-a
     2  of  the alcoholic beverage control law, as amended by chapter 354 of the
     3  laws of 2013, is amended to read as follows:
     4    No alcoholic beverage shall be offered or advertised for sale in  this
     5  state, including direct interstate shipments under this chapter, unless:
     6    §  2.  The alcoholic beverage control law is amended by adding two new
     7  sections 68 and 69 to read as follows:
     8    § 68. Direct interstate liquor shipments. 1. Authorization.   Notwith-
     9  standing  any  provision of law, rule or regulation to the contrary, any
    10  holder of a license to manufacture liquor in any  other  state  that  is
    11  equivalent  in  class  and/or  production  capacity  per  year  to those
    12  licenses authorized to make direct  intrastate  liquor  shipments  under
    13  section  sixty-nine  of this article, who obtains an out-of-state direct
    14  shipper's license, as provided in this section, may ship  no  more  than
    15  thirty-six cases (no more than nine liters each case) of liquor produced
    16  by  such  license holder per year directly to a resident of New York who
    17  is at least twenty-one years of age, for such  resident's  personal  use
    18  and  not  for  resale,  provided  the  state  in which such person is so
    19  licensed affords lawful means for shipments of liquor to be received  by
    20  a  resident  thereof  who  is at least twenty-one years of age, for such
    21  resident's personal use and not for resale, from a  person  licensed  in
    22  this  state  as  a manufacturer and, provided further, that the state in
    23  which such out-of-state distillery is located affords to New York  state
    24  licensed manufacturers with the privilege of producing liquor reciprocal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06487-03-3

        S. 2852--A                          2
 
     1  shipping  privileges, meaning shipping privileges that are substantially
     2  similar to the requirements in this section. No person  shall  place  an
     3  order  for shipment of liquor unless they are twenty-one years of age or
     4  older.  Any common carrier with a permit issued pursuant to this chapter
     5  to whom such out-of-state shipper's license is presented  is  authorized
     6  to  make  delivery  of shipments provided for hereunder in this state in
     7  compliance with this section.
     8    2. License. Before sending any shipment hereunder  to  a  resident  in
     9  this  state,  the out-of-state shipper shall first obtain a license from
    10  the authority under procedures prescribed by rules  and  regulations  of
    11  the  authority and after providing the authority with a true copy of its
    12  current license to manufacture liquor in the applicant's state of  domi-
    13  cile  along  with  a  copy of the applicant's federal basic permit after
    14  payment of an annual fee of one hundred  twenty-five  dollars.  Notwith-
    15  standing  the provisions of section one hundred ten of this chapter, the
    16  authority in its discretion, may excuse an out-of-state distillery  from
    17  the submission of such information.
    18    3.  Licensee's  responsibilities. The holder of an out-of-state direct
    19  shipper's license:
    20    (a) shall ship no more than thirty-six cases (no more than nine liters
    21  each case) per year of liquor produced by such license  holder  directly
    22  to  a  New  York state resident who is at least twenty-one years of age,
    23  for such resident's personal use and not for resale;
    24    (b) may ship within the same packaging any and all alcoholic beverages
    25  it lawfully produces and which it sells in accordance with its  shipping
    26  privileges  and  responsibilities  pursuant  to  the  provisions of this
    27  section and sections thirty-five, fifty-nine-b,  and  seventy-nine-c  of
    28  this chapter, as applicable;
    29    (c)  shall  ensure that the outside of each shipping container used to
    30  ship liquor directly to a New York  resident  is  conspicuously  labeled
    31  with  the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE
    32  21 OR OLDER REQUIRED FOR DELIVERY -  NOT  FOR  RESALE,"  or  with  other
    33  language specifically approved by the New York state liquor authority;
    34    (d)  shall  maintain  records in such manner and form as the authority
    35  may direct, showing the total amount of liquor shipped  into  the  state
    36  each  calendar  year;  the names and addresses of the purchasers to whom
    37  the liquor was shipped, the date  purchased,  the  name  of  the  common
    38  carrier  used  to deliver the liquor, and the quantity and value of each
    39  shipment;
    40    (e) shall in connection with the acceptance of an order for a delivery
    41  of liquor to a New York resident, require the  prospective  customer  to
    42  represent  that  he  or  she has attained the age of twenty-one years or
    43  more and that the liquor being purchased will not be  resold  or  intro-
    44  duced into commerce;
    45    (f) shall require common carriers to:
    46    (i)  require  a  recipient, at the delivery address, upon delivery, to
    47  demonstrate that the recipient is at least twenty-one years  of  age  by
    48  providing  a  valid  form  of  photographic identification authorized by
    49  section sixty-five-b of this article;
    50    (ii) require a recipient to sign an electronic or paper form or  other
    51  acknowledgement of receipt as approved by the authority; and
    52    (iii)  refuse delivery when the proposed recipient appears to be under
    53  twenty-one years of age and refuses to present valid  identification  as
    54  required by subparagraph (i) of this paragraph;
    55    (g)  shall  file returns with and pay to the New York state department
    56  of taxation and finance all state and local sales taxes and excise taxes

        S. 2852--A                          3
 
     1  due  on  sales  into  this  state  in  accordance  with  the  applicable
     2  provisions  of  the  tax  law relating to such taxes, the amount of such
     3  taxes to be determined on the basis that each sale in this state was  at
     4  the location where delivery is made;
     5    (h)  shall  keep  all records required by this section for three years
     6  and provide copies of such records, upon written request, to the author-
     7  ity or the department of taxation and finance;
     8    (i) shall permit the authority  or  the  department  of  taxation  and
     9  finance to perform an audit of such out-of-state shipper upon request;
    10    (j) shall execute a written consent to the jurisdiction of this state,
    11  its agencies and instrumentalities and the courts of this state concern-
    12  ing  enforcement  of  this section and any related laws, rules, or regu-
    13  lations, including tax laws, rules or regulations; and
    14    (k) shall prior to obtaining an out-of-state direct shipper's license,
    15  obtain a certificate of authority pursuant  to  section  eleven  hundred
    16  thirty-four  of the tax law and a registration as a distributor pursuant
    17  to sections four hundred twenty-one and four hundred twenty-two  of  the
    18  tax law.
    19    4.  Situs.  Delivery  of  a shipment in this state by the holder of an
    20  out-of-state direct shipper's license shall be deemed  to  constitute  a
    21  sale  in this state at the place of delivery and shall be subject to all
    22  excise taxes levied pursuant to section four hundred twenty-four of  the
    23  tax law and all sales taxes levied pursuant to articles twenty-eight and
    24  twenty-nine of such law.
    25    5.  Renewal.  The  out-of-state shipper may annually renew its license
    26  with the authority by paying a one hundred  twenty-five  dollar  renewal
    27  fee,  providing the authority with a true copy of its current license in
    28  such other state as an alcoholic beverage manufacturer and by  complying
    29  with such other procedures as are prescribed by rule of the authority.
    30    6. Rules and regulations. The authority and the department of taxation
    31  and  finance  may  promulgate  rules  and  regulations to effectuate the
    32  purposes of this section.
    33    7. Enforcement. The authority may enforce  the  requirements  of  this
    34  section  including  the  requirements  imposed on the common carrier, by
    35  administrative proceedings to suspend or revoke  an  out-of-state  ship-
    36  per's  license and the authority may accept payment of an administrative
    37  fine in lieu of suspension, such payments to be determined by  rules  or
    38  regulations  promulgated by the authority. In addition, the authority or
    39  the attorney general of the state of New York shall report violations of
    40  this section, where appropriate, to  the  United  States  department  of
    41  treasury,  tax and trade bureau, for administrative action to suspend or
    42  revoke the federal basic permit.
    43    8. Violations. In any action brought under this  section,  the  common
    44  carrier and the licensee shall only be held liable for their independent
    45  acts.
    46    §  69.  Direct  intrastate liquor shipments. Any person having applied
    47  for and received a class A-1, class B-1, class C, or class  D  distiller
    48  license  under  section  sixty-one of this article may ship no more than
    49  thirty-six cases (no more than nine liters per case) of liquor  produced
    50  by  such  licensee per year directly to a New York state resident who is
    51  at least twenty-one years of age, for such resident's personal  use  and
    52  not for resale.
    53    1. Licensee's shipping responsibilities. Notwithstanding any provision
    54  to the contrary contained in this chapter, any above referred licensee:
    55    (a) shall ship no more than thirty-six cases (no more than nine liters
    56  per case) per year of liquor produced by such license holder directly to

        S. 2852--A                          4
 
     1  a  New  York state resident who is at least twenty-one years of age, for
     2  such resident's personal use and not for resale;
     3    (b) may ship within the same packaging any and all alcoholic beverages
     4  it  lawfully produces and which it sells in accordance with its shipping
     5  privileges and responsibilities  pursuant  to  the  provisions  of  this
     6  section  and  sections  thirty-six,  fifty-nine-c, and seventy-nine-d of
     7  this chapter, as applicable;
     8    (c) shall ensure that the outside of each shipping container  used  to
     9  ship  liquor  directly  to  a  New  York state resident is conspicuously
    10  labeled with the words:  "CONTAINS ALCOHOLIC BEVERAGES  -  SIGNATURE  OF
    11  PERSON  AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with
    12  other language specifically  approved  by  the  New  York  state  liquor
    13  authority;
    14    (d)  shall  maintain  records in such manner and form as the authority
    15  may direct showing the total amount of liquor shipped in the state  each
    16  calendar  year,  the  names  and addresses of the purchasers to whom the
    17  liquor was shipped, the date purchased, the name of the  common  carrier
    18  used to deliver the liquor, and the quantity and value of each shipment.
    19  Such records shall be kept for three years and, upon written request, be
    20  provided to the authority or the department of taxation and finance;
    21    (e) shall in connection with the acceptance of an order for a delivery
    22  of  liquor  to  a New York resident, require the prospective customer to
    23  represent that he or she has attained the age  of  twenty-one  years  or
    24  more  and  that  the liquor being purchased will not be resold or intro-
    25  duced into commerce; and
    26    (f) shall 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 article;
    31    (ii)  require a recipient to sign an electronic or paper form or other
    32  acknowledgment 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 paragraph (a) of this subdivision.
    36    2. Violations. In any action brought under this  section,  the  common
    37  carrier and the licensee shall only be held liable for their independent
    38  acts.
    39    §  3.  The alcoholic beverage control law is amended by adding two new
    40  sections 59-b and 59-c to read as follows:
    41    § 59-b. Direct interstate cider shipments. 1. Authorization.  Notwith-
    42  standing any provision of law, rule or regulation to the  contrary,  any
    43  holder  of a license to manufacture cider in any other state who obtains
    44  an out-of-state direct shipper's license, as provided in  this  section,
    45  may  ship  no  more than thirty-six cases (no more than nine liters each
    46  case) of cider produced by such license holder per year  directly  to  a
    47  resident  of  New York who is at least twenty-one years of age, for such
    48  resident's personal use and not for resale, provided the state in  which
    49  such  person  is so licensed affords lawful means for shipments of cider
    50  to be received by a resident thereof who is at least twenty-one years of
    51  age, for such resident's personal use and not for resale, from a  person
    52  licensed in this state as a manufacturer and, provided further, that the
    53  state  in  which  such out-of-state cider producer is located affords to
    54  New York state licensed manufacturers with the  privilege  of  producing
    55  cider  reciprocal cider shipping privileges, meaning shipping privileges
    56  that are substantially similar to the requirements in this  section.  No

        S. 2852--A                          5
 
     1  person  shall place an order for shipment of cider unless they are twen-
     2  ty-one years of age or older.  Any common carrier with a  permit  issued
     3  pursuant  to this chapter to whom such out-of-state shipper's license is
     4  presented is authorized to make delivery of shipments provided for here-
     5  under in this state in compliance with this section.
     6    2.  License.  Before  sending  any shipment hereunder to a resident in
     7  this state, the out-of-state shipper shall first obtain a  license  from
     8  the  authority  under  procedures prescribed by rules and regulations of
     9  the authority and after providing the authority with a true copy of  its
    10  current  license  to manufacture cider in the applicant's state of domi-
    11  cile along with a copy of the applicant's  federal  basic  permit  after
    12  payment  of  an  annual fee of one hundred twenty-five dollars. Notwith-
    13  standing the provisions of section one hundred ten of this chapter,  the
    14  authority  in  its discretion, may excuse an out-of-state cider producer
    15  from the submission of such information.
    16    3. Licensee's responsibilities. The holder of an  out-of-state  direct
    17  shipper's license:
    18    (a) shall ship no more than thirty-six cases (no more than nine liters
    19  each case) per year of cider produced by such license holder directly to
    20  a  New  York state resident who is at least twenty-one years of age, for
    21  such resident's personal use and not for resale;
    22    (b) may ship within the same packaging any and all alcoholic beverages
    23  it lawfully produces and which it sells in accordance with its  shipping
    24  privileges  and  responsibilities  pursuant  to  the  provisions of this
    25  section and sections thirty-five,  sixty-eight,  and  seventy-nine-c  of
    26  this chapter, as applicable;
    27    (c)  shall  ensure that the outside of each shipping container used to
    28  ship cider directly to a New York resident is conspicuously labeled with
    29  the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR
    30  OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or  with  other  language
    31  specifically approved by the New York state liquor authority;
    32    (d)  shall  maintain  records in such manner and form as the authority
    33  may direct, showing the total amount of cider  shipped  into  the  state
    34  each  calendar  year;  the names and addresses of the purchasers to whom
    35  the cider was shipped, the date purchased, the name of the common carri-
    36  er used to deliver the cider, and the quantity and value of  each  ship-
    37  ment;
    38    (e) shall in connection with the acceptance of an order for a delivery
    39  of  cider  to  a  New York resident, require the prospective customer to
    40  represent that he or she has attained the age  of  twenty-one  years  or
    41  more and that the cider being purchased will not be resold or introduced
    42  into commerce;
    43    (f) shall require common carriers to:
    44    (i)  require  a  recipient, at the delivery address, upon delivery, to
    45  demonstrate that the recipient is at least twenty-one years  of  age  by
    46  providing  a  valid  form  of  photographic identification authorized by
    47  section sixty-five-b of this chapter;
    48    (ii) require a recipient to sign an electronic or paper form or  other
    49  acknowledgement of receipt as approved by the authority; and
    50    (iii)  refuse delivery when the proposed recipient appears to be under
    51  twenty-one years of age and refuses to present valid  identification  as
    52  required by subparagraph (i) of this paragraph;
    53    (g)  shall  file returns with and pay to the New York state department
    54  of taxation and finance all state and local sales taxes and excise taxes
    55  due  on  sales  into  this  state  in  accordance  with  the  applicable
    56  provisions  of  the  tax  law relating to such taxes, the amount of such

        S. 2852--A                          6
 
     1  taxes to be determined on the basis that each sale in this state was  at
     2  the location where delivery is made;
     3    (h)  shall  keep  all records required by this section for three years
     4  and provide copies of such records, upon written request, to the author-
     5  ity or the department of taxation and finance;
     6    (i) shall permit the authority  or  the  department  of  taxation  and
     7  finance to perform an audit of such out-of-state shipper upon request;
     8    (j) shall execute a written consent to the jurisdiction of this state,
     9  its agencies and instrumentalities and the courts of this state concern-
    10  ing  enforcement  of  this section and any related laws, rules, or regu-
    11  lations, including tax laws, rules or regulations; and
    12    (k) shall prior to obtaining an out-of-state direct shipper's license,
    13  obtain a certificate of authority pursuant  to  section  eleven  hundred
    14  thirty-four  of the tax law and a registration as a distributor pursuant
    15  to sections four hundred twenty-one and four hundred twenty-two  of  the
    16  tax law.
    17    4.  Situs.  Delivery  of  a shipment in this state by the holder of an
    18  out-of-state direct shipper's license shall be deemed  to  constitute  a
    19  sale  in this state at the place of delivery and shall be subject to all
    20  excise taxes levied pursuant to section four hundred twenty-four of  the
    21  tax law and all sales taxes levied pursuant to articles twenty-eight and
    22  twenty-nine of such law.
    23    5.  Renewal.  The  out-of-state shipper may annually renew its license
    24  with the authority by paying a one hundred  twenty-five  dollar  renewal
    25  fee,  providing the authority with a true copy of its current license in
    26  such other state as an alcoholic beverage manufacturer and by  complying
    27  with such other procedures as are prescribed by rule of the authority.
    28    6. Rules and regulations. The authority and the department of taxation
    29  and  finance  may  promulgate  rules  and  regulations to effectuate the
    30  purposes of this section.
    31    7. Enforcement. The authority may enforce  the  requirements  of  this
    32  section  including  the  requirements  imposed on the common carrier, by
    33  administrative proceedings to suspend or revoke  an  out-of-state  ship-
    34  per's  license and the authority may accept payment of an administrative
    35  fine in lieu of suspension, such payments to be determined by  rules  or
    36  regulations  promulgated by the authority. In addition, the authority or
    37  the attorney general of the state of New York shall report violations of
    38  this section, where appropriate, to  the  United  States  department  of
    39  treasury,  tax and trade bureau, for administrative action to suspend or
    40  revoke the federal basic permit.
    41    8. Violations. In any action brought under this  section,  the  common
    42  carrier and the licensee shall only be held liable for their independent
    43  acts.
    44    §  59-c.  Direct intrastate cider shipments. Any person having applied
    45  for and received  a  manufacturing  license  under  this  chapter  which
    46  includes  the privilege of producing cider may ship no more than thirty-
    47  six cases (no more than nine liters per case) of cider produced by  such
    48  manufacturer  per  year  directly to a New York state resident who is at
    49  least twenty-one years of age, for such resident's personal use and  not
    50  for resale.
    51    1. Licensee's shipping responsibilities. Notwithstanding any provision
    52  to the contrary contained in this chapter, any above referred licensee:
    53    (a)  shall  ship  no  more  than  thirty-six  cases (no more than nine
    54  liters) per year of cider produced by such license holder directly to  a
    55  New  York  state  resident  who is at least twenty-one years of age, for
    56  such resident's personal use and not for resale;

        S. 2852--A                          7

     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, sixty-nine, and seventy-nine-d of  this
     5  chapter, as applicable;
     6    (c)  shall  ensure that the outside of each shipping container used to
     7  ship cider directly to  a  New  York  state  resident  is  conspicuously
     8  labeled  with  the  words:  "CONTAINS 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    (d) shall maintain records in such manner and form  as  the  authority
    13  may  direct  showing the total amount of cider shipped in the state each
    14  calendar year, the names and addresses of the  purchasers  to  whom  the
    15  cider  was  shipped,  the date purchased, the name of the common carrier
    16  used to deliver the cider, and the quantity and value of each  shipment.
    17  Such records shall be kept for three years and, upon written request, be
    18  provided to the authority or the department of taxation and finance;
    19    (e) shall in connection with the acceptance of an order for a delivery
    20  of  cider  to  a  New York resident, require the prospective customer to
    21  represent that he or she has attained the age  of  twenty-one  years  or
    22  more and that the cider being purchased will not be resold or introduced
    23  into commerce; and
    24    (f) shall require common carriers to:
    25    (i)  require  a  recipient, at the delivery address, upon delivery, to
    26  demonstrate that the recipient is at least twenty-one years  of  age  by
    27  providing  a  valid  form  of  photographic identification authorized by
    28  section sixty-five-b of this chapter;
    29    (ii) require a recipient to sign an electronic or paper form or  other
    30  acknowledgment of receipt as approved by the authority; and
    31    (iii)  refuse delivery when the proposed recipient appears to be under
    32  twenty-one years of age and refuses to present valid  identification  as
    33  required by paragraph (a) of this subdivision.
    34    2.  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    § 4. The alcoholic beverage control law is amended by adding  two  new
    38  sections 35 and 36 to read as follows:
    39    §  35. Direct interstate mead and braggot shipments. 1. Authorization.
    40  Notwithstanding any provision of law, rule or regulation to the  contra-
    41  ry,  any  holder  of a license to manufacture mead and/or braggot in any
    42  other state, who obtains an out-of-state direct  shipper's  license,  as
    43  provided  in  this  section,  may ship no more than thirty-six cases (no
    44  more than nine liters per case) of mead and/or braggot produced by  such
    45  license  holder  per  year  directly to a resident of New York who is at
    46  least twenty-one years of age, for such resident's personal use and  not
    47  for  resale,  provided  the  state  in  which such person is so licensed
    48  affords lawful means for shipments of mead and/or braggot to be received
    49  by a resident thereof who is at least twenty-one years of age, for  such
    50  resident's  personal  use  and not for resale, from a person licensed in
    51  this state as a manufacturer and, provided further, that  the  state  in
    52  which  such  out-of-state manufacturer of mead and/or braggot is located
    53  affords to New York state manufacturers of mead and/or braggot  recipro-
    54  cal  shipping  privileges, meaning shipping privileges that are substan-
    55  tially similar to the requirements in  this  section.  No  person  shall
    56  place an order for shipment of mead and/or braggot unless they are twen-

        S. 2852--A                          8
 
     1  ty-one  years  of  age or older. Any common carrier with a permit issued
     2  pursuant to this chapter to whom such out-of-state shipper's license  is
     3  presented is authorized to make delivery of shipments provided for here-
     4  under in this state in compliance with this section.
     5    2.  License.  Before  sending  any shipment hereunder to a resident in
     6  this state, the out-of-state shipper shall first obtain a  license  from
     7  the  authority  under  procedures prescribed by rules and regulations of
     8  the authority and after providing the authority with a true copy of  its
     9  current  license  to  manufacture mead and/or braggot in the applicant's
    10  state of domicile along with a copy of  the  applicant's  federal  basic
    11  permit  and/or  brewer's  notice  after  payment of an annual fee of one
    12  hundred twenty-five dollars. Notwithstanding the provisions  of  section
    13  one  hundred  ten  of this chapter, the authority in its discretion, may
    14  excuse an out-of-state manufacturer of  mead  and/or  braggot  from  the
    15  submission of such information.
    16    3.  Licensee's  responsibilities. The holder of an out-of-state direct
    17  shipper's license:
    18    (a) shall ship no more than thirty-six cases (no more than nine liters
    19  per case) per year of mead and/or braggot produced by such license hold-
    20  er directly to a New York state resident  who  is  at  least  twenty-one
    21  years of age, for such resident's personal use and not for resale;
    22    (b) may ship within the same packaging any and all alcoholic beverages
    23  it  lawfully produces and which it sells in accordance with its shipping
    24  privileges and responsibilities  pursuant  to  the  provisions  of  this
    25  section  and  sections  fifty-nine-b, sixty-eight, and seventy-nine-c of
    26  this chapter, as applicable;
    27    (c) shall ensure that the outside of each shipping container  used  to
    28  ship mead and/or braggot directly to a New York resident is conspicuous-
    29  ly  labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF
    30  PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or  with
    31  other  language  specifically  approved  by  the  New  York state liquor
    32  authority;
    33    (d) shall maintain records in such manner and form  as  the  authority
    34  may direct, showing the total amount of mead and/or braggot shipped into
    35  the  state each calendar year; the names and addresses of the purchasers
    36  to whom the mead and/or braggot was shipped,  the  date  purchased,  the
    37  name  of the common carrier used to deliver the mead and/or braggot, and
    38  the quantity and value of each shipment;
    39    (e) shall in connection with the acceptance of an order for a delivery
    40  of mead and/or braggot to a New York resident, require  the  prospective
    41  customer  to represent that he or she has attained the age of twenty-one
    42  years or more and that the mead and/or braggot being purchased will  not
    43  be resold or introduced into commerce;
    44    (f) shall require common carriers to:
    45    (i)  require  a  recipient, at the delivery address, upon delivery, to
    46  demonstrate that the recipient is at least twenty-one years  of  age  by
    47  providing  a  valid  form  of  photographic identification authorized by
    48  section sixty-five-b of this article;
    49    (ii) require a recipient to sign an electronic or paper form or  other
    50  acknowledgement of receipt as approved by the authority; and
    51    (iii)  refuse delivery when the proposed recipient appears to be under
    52  twenty-one years of age and refuses to present valid  identification  as
    53  required by subparagraph (i) of this paragraph;
    54    (g)  shall  file returns with and pay to the New York state department
    55  of taxation and finance all state and local sales taxes and excise taxes
    56  due  on  sales  into  this  state  in  accordance  with  the  applicable

        S. 2852--A                          9
 
     1  provisions  of  the  tax  law relating to such taxes, the amount of such
     2  taxes to be determined on the basis that each sale in this state was  at
     3  the location where delivery is made;
     4    (h)  shall  keep  all records required by this section for three years
     5  and provide copies of such records, upon written request, to the author-
     6  ity or the department of taxation and finance;
     7    (i) shall permit the authority  or  the  department  of  taxation  and
     8  finance to perform an audit of such out-of-state shipper upon request;
     9    (j) shall execute a written consent to the jurisdiction of this state,
    10  its agencies and instrumentalities and the courts of this state concern-
    11  ing  enforcement  of  this section and any related laws, rules, or regu-
    12  lations, including tax laws, rules or regulations; and
    13    (k) shall prior to obtaining an out-of-state direct shipper's license,
    14  obtain a certificate of authority pursuant  to  section  eleven  hundred
    15  thirty-four  of the tax law and a registration as a distributor pursuant
    16  to sections four hundred twenty-one and four hundred twenty-two  of  the
    17  tax law.
    18    4.  Situs.  Delivery  of  a shipment in this state by the holder of an
    19  out-of-state direct shipper's license shall be deemed  to  constitute  a
    20  sale  in this state at the place of delivery and shall be subject to all
    21  excise taxes levied pursuant to section four hundred twenty-four of  the
    22  tax law and all sales taxes levied pursuant to articles twenty-eight and
    23  twenty-nine of such law.
    24    5.  Renewal.  The  out-of-state shipper may annually renew its license
    25  with the authority by paying a one hundred  twenty-five  dollar  renewal
    26  fee,  providing the authority with a true copy of its current license in
    27  such other state as an alcoholic beverage manufacturer and by  complying
    28  with such other procedures as are prescribed by rule of the authority.
    29    6. Rules and regulations. The authority and the department of taxation
    30  and  finance  may  promulgate  rules  and  regulations to effectuate the
    31  purposes of this section.
    32    7. Enforcement. The authority may enforce  the  requirements  of  this
    33  section  including  the  requirements  imposed on the common carrier, by
    34  administrative proceedings to suspend or revoke  an  out-of-state  ship-
    35  per's  license and the authority may accept payment of an administrative
    36  fine in lieu of suspension, such payments to be determined by  rules  or
    37  regulations  promulgated by the authority. In addition, the authority or
    38  the attorney general of the state of New York shall report violations of
    39  this section, where appropriate, to  the  United  States  department  of
    40  treasury,  tax and trade bureau, for administrative action to suspend or
    41  revoke the federal basic permit.
    42    8. Violations. In any action brought under this  section,  the  common
    43  carrier and the licensee shall only be held liable for their independent
    44  acts.
    45    §  36. Direct intrastate mead and braggot shipments. Any person having
    46  applied for and received a  manufacturing  license  under  this  chapter
    47  which  includes  the privilege of producing mead and/or braggot may ship
    48  no more than thirty-six cases (no more than nine  liters  per  case)  of
    49  mead and/or braggot produced by such manufacturer per year directly to a
    50  New  York  state  resident  who is at least twenty-one years of age, for
    51  such resident's personal use and not for resale.
    52    1. Licensee's shipping responsibilities. Notwithstanding any provision
    53  to the contrary contained in this chapter, any above referred licensee:
    54    (a) shall ship no more than thirty-six cases (no more than nine liters
    55  per case) per year of mead and/or braggot produced by such license hold-

        S. 2852--A                         10
 
     1  er directly to a New York state resident  who  is  at  least  twenty-one
     2  years of age, for such resident's personal use and not for resale;
     3    (b) may ship within the same packaging any and all alcoholic beverages
     4  it  lawfully produces and which it sells in accordance with its shipping
     5  privileges and responsibilities  pursuant  to  the  provisions  of  this
     6  section  and  sections  fifty-nine-c,  sixty-nine, and seventy-nine-d of
     7  this chapter, as applicable;
     8    (c) shall ensure that the outside of each shipping container  used  to
     9  ship  mead  and/or  braggot  directly  to  a  New York state resident is
    10  conspicuously labeled with the words: "CONTAINS  ALCOHOLIC  BEVERAGES  -
    11  SIGNATURE  OF  PERSON  AGE  21  OR OLDER REQUIRED FOR DELIVERY - NOT FOR
    12  RESALE," or with other language specifically approved by  the  New  York
    13  state liquor authority;
    14    (d)  shall  maintain  records in such manner and form as the authority
    15  may direct showing the total amount of mead and/or  braggot  shipped  in
    16  the  state each calendar year, the names and addresses of the purchasers
    17  to whom the mead and/or braggot was shipped,  the  date  purchased,  the
    18  name  of the common carrier used to deliver the mead and/or braggot, and
    19  the quantity and value of each shipment. Such records shall be kept  for
    20  three  years  and, upon written request, be provided to the authority or
    21  the department of taxation and finance;
    22    (e) shall in connection with the acceptance of an order for a delivery
    23  of mead and/or braggot to a New York resident, require  the  prospective
    24  customer  to represent that he or she has attained the age of twenty-one
    25  years or more and that the mead and/or braggot being purchased will  not
    26  be resold or introduced into commerce; and
    27    (f) shall require common carriers to:
    28    (i)  require  a  recipient, at the delivery address, upon delivery, to
    29  demonstrate that the recipient is at least twenty-one years  of  age  by
    30  providing  a  valid  form  of  photographic identification authorized by
    31  section sixty-five-b of this article;
    32    (ii) require a recipient to sign an electronic or paper form or  other
    33  acknowledgment of receipt as approved by the authority; and
    34    (iii)  refuse delivery when the proposed recipient appears to be under
    35  twenty-one years of age and refuses to present valid  identification  as
    36  required by paragraph (a) of this subdivision.
    37    2.  Violations.  In  any action brought under this section, the common
    38  carrier and the licensee shall only be held liable for their independent
    39  acts.
    40    § 5. Subdivision 3 of section 79-c of the alcoholic  beverage  control
    41  law,  as  amended by chapter 221 of the laws of 2011, is amended to read
    42  as follows:
    43    3. Licensee's responsibilities. The holder of an  out-of-state  direct
    44  shipper's license [shall]:
    45    (a) shall ship no more than thirty-six cases (no more than nine liters
    46  each  case) per year of wine 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-five, fifty-nine-b, and sixty-eight of this
    53  chapter, as applicable;
    54    (c) shall ensure that the outside of each shipping container  used  to
    55  ship  wine directly to a New York resident is conspicuously labeled with
    56  the words:  "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE  OF  PERSON

        S. 2852--A                         11
 
     1  AGE  21  OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other
     2  language specifically approved by the New York state liquor authority;
     3    [(c)]  (d)  shall  maintain  records  in  such  manner and form as the
     4  authority may direct, showing the total amount of wine shipped into  the
     5  state  each  calendar year; the names and addresses of the purchasers to
     6  whom the wine was shipped, the date purchased, the name  of  the  common
     7  carrier  used  to  deliver  the wine, and the quantity and value of each
     8  shipment;
     9    [(d)] (e) shall in connection with the acceptance of an  order  for  a
    10  delivery of wine to a New York resident, require the prospective custom-
    11  er  to represent that he or she has attained the age of twenty-one years
    12  or more and that the wine being purchased will not be resold  or  intro-
    13  duced into commerce;
    14    [(e)] (f) shall require common carriers to:
    15    (i)  require  a  recipient, at the delivery address, upon delivery, to
    16  demonstrate that the recipient is at least twenty-one years  of  age  by
    17  providing  a  valid  form  of  photographic identification authorized by
    18  section sixty-five-b of this chapter;
    19    (ii) require a recipient to sign an electronic or paper form or  other
    20  acknowledgement of receipt as approved by the authority; and
    21    (iii)  refuse delivery when the proposed recipient appears to be under
    22  twenty-one years of age and refuses to present valid  identification  as
    23  required by subparagraph (i) of this paragraph;
    24    [(f)]  (g)  shall  file  returns  with  and  pay to the New York state
    25  department of taxation and finance all state and local sales  taxes  and
    26  excise  taxes due on sales into this state in accordance with the appli-
    27  cable provisions of the tax law relating to such taxes,  the  amount  of
    28  such  taxes  to  be determined on the basis that each sale in this state
    29  was at the location where delivery is made;
    30    [(g)] (h) shall keep all records required by this  section  for  three
    31  years  and  provide copies of such records, upon written request, to the
    32  authority or the department of taxation and finance;
    33    [(h)] (i) shall permit the authority or the department of taxation and
    34  finance to perform an audit of such out-of-state shipper upon request;
    35    [(i)] (j) shall execute a written consent to the jurisdiction of  this
    36  state,  its  agencies and instrumentalities and the courts of this state
    37  concerning enforcement of this section and any related laws,  rules,  or
    38  regulations, including tax laws, rules or regulations; and
    39    [(j)]  (k)  shall  prior to obtaining an out-of-state direct shipper's
    40  license, obtain a certificate of authority pursuant  to  section  eleven
    41  hundred  thirty-four  of the tax law and a registration as a distributor
    42  pursuant to sections four hundred twenty-one and four hundred twenty-two
    43  of the tax law.
    44    § 6. Section 79-d of the alcoholic beverage control law, as amended by
    45  chapter 184 of the laws of 2005,  paragraph  (c)  of  subdivision  1  as
    46  amended  by  chapter  221  of  the  laws  of 2011, is amended to read as
    47  follows:
    48    § 79-d. Direct intrastate wine shipments. Any  person  having  applied
    49  for  and  received  a  license as a winery or farm winery under sections
    50  seventy-six, seventy-six-a, seventy-six-b, seventy-six-c,  seventy-six-d
    51  and seventy-six-f of this article may ship no more than thirty-six cases
    52  (no  more  than  nine  liters  per case) of wine produced by such winery
    53  [for] or farm winery per year directly to a New York state resident  who
    54  is  at  least  twenty-one years of age, for such resident's personal use
    55  and not for resale.

        S. 2852--A                         12
 
     1    1. Licensee's shipping responsibilities. Notwithstanding any provision
     2  to the contrary contained in this chapter, any above  referred  licensee
     3  [shall]:
     4    (a)  shall in the case of a farm winery licensee or a winery licensee,
     5  ship no more than thirty-six cases (no more than nine liters)  per  year
     6  of  wine  produced  by  such license holder directly to a New York state
     7  resident who is at least twenty-one years of age,  for  such  resident's
     8  personal use and not for resale;
     9    (b) may ship within the same packaging any and all alcoholic beverages
    10  it  lawfully produces and which it sells in accordance with its shipping
    11  privileges and responsibilities  pursuant  to  the  provisions  of  this
    12  section  and  sections  thirty-six, fifty-nine-c, and sixty-nine of this
    13  chapter, as applicable;
    14    (c) shall ensure that the outside of each shipping container  used  to
    15  ship wine directly to a New York state resident is conspicuously labeled
    16  with  the  words:  "CONTAINS  [WINE]  ALCOHOLIC BEVERAGES - SIGNATURE OF
    17  PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or  with
    18  other  language  specifically  approved  by  the  New  York state liquor
    19  authority;
    20    [(c)] (d) shall maintain records  in  such  manner  and  form  as  the
    21  authority  may  direct  showing  the total amount of wine shipped in the
    22  state each calendar year, the names and addresses of the  purchasers  to
    23  whom  the  wine  was shipped, the date purchased, the name of the common
    24  carrier used to deliver the wine, and the quantity  and  value  of  each
    25  shipment.   Such records shall be kept for three years and, upon written
    26  request, be provided to the authority or the department of taxation  and
    27  finance;
    28    [(d)]  (e)  shall  in connection with the acceptance of an order for a
    29  delivery of wine to a New York resident, require the prospective custom-
    30  er to represent that he or she has attained the age of twenty-one  years
    31  or  more  and that the wine being purchased will not be resold or intro-
    32  duced into commerce; and
    33    [(e)] (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  acknowledgment 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 paragraph (a) of this subdivision.
    43    2. Violations. In any action brought under this  section,  the  common
    44  carrier and the licensee shall only be held liable for their independent
    45  acts.
    46    §  7.  This  act shall take effect on the ninetieth day after it shall
    47  have become a law.    Effective  immediately,  the  addition,  amendment
    48  and/or repeal of any rule or regulation necessary for the implementation
    49  of  this  act  on  its  effective  date  are  authorized  to be made and
    50  completed on or before such effective date.
Go to top