A05991 Summary:

BILL NOA05991
 
SAME ASSAME AS S05330
 
SPONSORPaulin (MS)
 
COSPNSRD'Urso, Lupardo, Gottfried, Quart, Zebrowski, McDonough, Montesano, Crouch, Byrne, Raia
 
MLTSPNSRMiller ML, Ortiz, Thiele, Walsh
 
Amd §79-c, ABC L
 
Relates to reciprocal wine shipping privileges.
Go to top    

A05991 Actions:

BILL NOA05991
 
02/21/2017referred to economic development
01/03/2018referred to economic development
Go to top

A05991 Committee Votes:

Go to top

A05991 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A05991 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5991
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 21, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  D'URSO,  LUPARDO, GOTTFRIED, QUART,
          ZEBROWSKI, GRAF, LUPINACCI, McDONOUGH, MONTESANO, RAIA --  Multi-Spon-
          sored  by -- M. of A.  M. L. MILLER, ORTIZ, THIELE, WALSH -- read once
          and referred to the Committee on Economic Development
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          reciprocal wine shipping privileges
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 79-c  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 184 of the laws of 2005, is amended
     3  to read as follows:
     4    1. Authorization.  Notwithstanding any provision of law, rule or regu-
     5  lation to the contrary, any holder of a license to manufacture  wine  or
     6  any  holder  of  a retail license to sell wine for off-premises consump-
     7  tion, in any other state who obtains an  out-of-state  direct  shipper's
     8  license,  as  provided in this section, may ship no more than thirty-six
     9  cases (no more than nine liters each case) of wine produced or  sold  by
    10  such  license  holder per year directly to a resident of New York who is
    11  at least twenty-one years of age, for such resident's personal  use  and
    12  not  for  resale, provided the state in which such person is so licensed
    13  affords lawful means for shipments of wine to be received by a  resident
    14  thereof  who  is  at  least twenty-one years of age, for such resident's
    15  personal use and not for resale, from a person licensed in this state as
    16  a manufacturer or retail licensee and, provided further, that the  state
    17  in  which such out-of-state winery or retail premises is located affords
    18  to New York state winery and farm winery licensees  or  New  York  state
    19  retail licensees reciprocal shipping privileges, meaning shipping privi-
    20  leges  that  are  substantially  similar  to  the  requirements  in this
    21  section. No person shall place an order for shipment of wine unless they
    22  are twenty-one years of age or older. Any common carrier with  a  permit
    23  issued  pursuant  to  this  chapter  to whom such out-of-state shipper's
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08579-04-7

        A. 5991                             2
 
     1  license is  presented  is  authorized  to  make  delivery  of  shipments
     2  provided for hereunder in this state in compliance with this section.
     3    §  2.  Subdivision 2 of section 79-c of the alcoholic beverage control
     4  law, as amended by chapter 221 of the laws of 2011, is amended  to  read
     5  as follows:
     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  wine or its current retail license to
    11  sell wine for off-premises consumption in the applicant's state of domi-
    12  cile along with a copy of the applicant's  federal  basic  permit  after
    13  payment  of  an  annual fee of one hundred twenty-five dollars. Notwith-
    14  standing the provisions of section one hundred ten of this chapter,  the
    15  authority in its discretion, may excuse an out-of-state winery or retail
    16  licensee from the submission of such information.
    17    §  3.  Paragraph (a) of subdivision 3 of section 79-c of the alcoholic
    18  beverage control law, as amended by chapter 221 of the laws of 2011,  is
    19  amended to read as follows:
    20    (a)  ship no more than thirty-six cases (no more than nine liters each
    21  case) per year of wine produced or sold 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    § 4. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.
Go to top