A02981 Summary:

BILL NOA02981
 
SAME ASSAME AS UNI. S02473
 
SPONSORLentol
 
COSPNSRHevesi, Magnarelli, Rivera P, Colton, Goldfeder, Perry, Jeffries, Ra, Schimel, Aubry, Miller M, Lancman, Weprin, Moya, Meng, Espinal, Bronson, Quart, Gibson, Brindisi, Crespo, Lopez V, Lavine, Scarborough, Brook-Krasny, Rosenthal, Markey, Simotas
 
MLTSPNSRBrennan, Dinowitz, Gottfried, Heastie, Jacobs, Latimer, Mayer, O'Donnell, Ramos, Skartados, Stevenson, Sweeney, Thiele, Titus, Weinstein, Wright
 
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.
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A02981 Actions:

BILL NOA02981
 
01/21/2011referred to economic development
01/04/2012referred to economic development
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A02981 Floor Votes:

There are no votes for this bill in this legislative session.
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A02981 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2473                                                  A. 2981
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 21, 2011
                                       ___________
 
        IN SENATE -- Introduced by Sen. MAZIARZ -- read twice and ordered print-
          ed,  and  when  printed  to  be committed to the Committee on Investi-
          gations and Government Operations
 
        IN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once  and  referred
          to  the  Committee on Economic Development, Job Creation, Commerce and

          Industry
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06462-01-1

        S. 2473                             2                            A. 2981
 
     1  agent,  or by his authorization or on his behalf, are deemed not to have
     2  been personally purchased within the meaning of this paragraph.
     3    (ii)  With  respect to any state that prohibits the out-of-state ship-
     4  ment of alcoholic beverages to anyone other than a licensee of the state
     5  and further requires that such alcoholic beverages be stored at a  prem-
     6  ises or warehouse located within such state maintained by such licensee,

     7  no alcoholic beverages shall be shipped from said state, into this state
     8  unless the same shall be consigned to a person duly licensed as a whole-
     9  saler  of  alcoholic  beverages  in  this state. In such instances, such
    10  alcoholic beverages shall be stored at a premises or  warehouse  located
    11  in  this state and maintained by a licensed wholesaler for not less than
    12  forty-eight hours before delivery to a retail licensee.
    13    (b) Except as provided in section seventy-nine-c of this  chapter,  no
    14  common  carrier  or other person shall bring or carry into the state any
    15  alcoholic beverages, unless the same shall be consigned,  in  accordance
    16  with paragraph (c) of this subdivision, to a person duly licensed [here-

    17  under]  pursuant  to  this  chapter  to  traffic in alcoholic beverages,
    18  provided, however, that alcoholic beverages may be delivered by a truck-
    19  ing permittee from a steamship or railroad station or terminal to a  New
    20  York  resident  who has personally purchased alcoholic beverages for his
    21  personal use while outside the United States for  a  minimum  period  of
    22  forty-eight  consecutive hours, and which he has shipped as consignor to
    23  himself as consignee, and except as so  stated,  no  trucking  permittee
    24  shall  accept  for  delivery,  deliver  or transport from a steamship or
    25  railroad  station  or  terminal  any  shipment  of  alcoholic  beverages
    26  consigned  to  a  non-licensed person having his home or business in New
    27  York state.  Purchases of alcoholic beverages made  outside  the  United
    28  States  by  persons other than the purchaser himself, regardless whether

    29  made as his agent, or by his authorization or on his behalf, are  deemed
    30  not  to  have been personally purchased within the meaning of this para-
    31  graph.
    32    § 2. This act shall take effect on the first of January next  succeed-
    33  ing the date on which it shall have become a law.
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