BILL NO A05462
SAME AS SAME AS S01070
SPONSOR Lentol
COSPNSR
MLTSPNSR
Amd S102, ABC L
Requires that alcoholic beverages shipped into this state from any state that
requires out of state shipments of alcoholic beverages to be consigned to a
licensee of that state and stored upon the premises of such licensee, shall be
so consigned and stored in this state.
S T A T E O F N E W Y O R K
________________________________________________________________________
5462
2013-2014 Regular Sessions
I N A S S E M B L Y
February 27, 2013
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development
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. Paragraphs (a) and (b) of subdivision 1 of section 102 of
2 the alcoholic beverage control law, as amended by chapter 210 of the
3 laws of 2005, are amended to read as follows:
4 (a) (I) Except as provided in section seventy-nine-c of this chapter,
5 SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, no
6 alcoholic beverages shall be shipped into the state unless the same
7 shall be consigned to a person duly licensed [hereunder] PURSUANT TO
8 THIS CHAPTER to traffic in alcoholic beverages. [This] EXCEPT AS OTHER-
9 WISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THIS prohibition
10 shall apply to all shipments of alcoholic beverages into New York state
11 and includes importation or distribution for commercial purposes, for
12 personal use, or otherwise, and irrespective of whether such alcoholic
13 beverages were purchased within or without the state, provided, however,
14 this prohibition shall not apply to any shipment consigned to a New York
15 resident who has personally purchased alcoholic beverages for his
16 personal use while outside the United States for a minimum period of
17 forty-eight consecutive hours and which he has shipped as consignor to
18 himself as consignee. Purchases made outside the United States by
19 persons other than the purchaser himself, regardless whether made as his
20 agent, or by his authorization or on his behalf, are deemed not to have
21 been personally purchased within the meaning of this paragraph.
22 (II) WITH RESPECT TO ANY STATE THAT PROHIBITS THE OUT-OF-STATE SHIP-
23 MENT OF ALCOHOLIC BEVERAGES TO ANYONE OTHER THAN A LICENSEE OF THE STATE
24 AND FURTHER REQUIRES THAT SUCH ALCOHOLIC BEVERAGES BE STORED AT A PREM-
25 ISES OR WAREHOUSE LOCATED WITHIN SUCH STATE MAINTAINED BY SUCH LICENSEE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02254-01-3
A. 5462 2
1 NO ALCOHOLIC BEVERAGES SHALL BE SHIPPED FROM SAID STATE, INTO THIS STATE
2 UNLESS THE SAME SHALL BE CONSIGNED TO A PERSON DULY LICENSED AS A WHOLE-
3 SALER OF ALCOHOLIC BEVERAGES IN THIS STATE. IN SUCH INSTANCES, SUCH
4 ALCOHOLIC BEVERAGES SHALL BE STORED AT A PREMISES OR WAREHOUSE LOCATED
5 IN THIS STATE AND MAINTAINED BY A LICENSED WHOLESALER FOR NOT LESS THAN
6 FORTY-EIGHT HOURS BEFORE DELIVERY TO A RETAIL LICENSEE.
7 (b) Except as provided in section seventy-nine-c of this chapter, no
8 common carrier or other person shall bring or carry into the state any
9 alcoholic beverages, unless the same shall be consigned, IN ACCORDANCE
10 WITH PARAGRAPH (C) OF THIS SUBDIVISION, to a person duly licensed [here-
11 under] PURSUANT TO THIS CHAPTER to traffic in alcoholic beverages,
12 provided, however, that alcoholic beverages may be delivered by a truck-
13 ing permittee from a steamship or railroad station or terminal to a New
14 York resident who has personally purchased alcoholic beverages for his
15 personal use while outside the United States for a minimum period of
16 forty-eight consecutive hours, and which he has shipped as consignor to
17 himself as consignee, and except as so stated, no trucking permittee
18 shall accept for delivery, deliver or transport from a steamship or
19 railroad station or terminal any shipment of alcoholic beverages
20 consigned to a non-licensed person having his home or business in New
21 York state. Purchases of alcoholic beverages made outside the United
22 States by persons other than the purchaser himself, regardless whether
23 made as his agent, or by his authorization or on his behalf, are deemed
24 not to have been personally purchased within the meaning of this para-
25 graph.
26 S 2. This act shall take effect on the first of January next succeed-
27 ing the date on which it shall have become a law.
