Authorizes manufacturers and wholesalers to offer quantity discounts to retailers on different sized bottles of certain similar wines or liquors from the same manufacturer.
STATE OF NEW YORK
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10407
IN ASSEMBLY
April 19, 2018
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Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the offering by wholesalers of quantity discounts on
different sized bottles of the same type of liquor or wine
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 3 of section 101-b of the
2 alcoholic beverage control law, as amended by section 1 of part E of
3 chapter 56 of the laws of 2006, is amended to read as follows:
4 (b) No brand of liquor or wine shall be sold to or purchased by a
5 retailer unless a schedule, as provided by this section, is transmitted
6 to and received by the liquor authority, and is then in effect. Such
7 schedule shall be transmitted to the authority in such form, manner,
8 medium and format as the authority may direct; shall be deemed duly
9 verified by the person submitting such schedule upon its transmission to
10 the authority; and shall contain, with respect to each item, the exact
11 brand or trade name, capacity of package, nature of contents, age and
12 proof where stated on the label, the number of bottles contained in each
13 case, the bottle and case price to retailers, the net bottle and case
14 price paid by the seller, which prices, in each instance, shall be indi-
15 vidual for each item and not in "combination" with any other item, the
16 discounts for quantity, if any, and the discounts for time of payment,
17 if any. Provided, however, that for the purposes of offering quantity
18 discounts of two cases or more to retailers, different products and/or
19 different sized bottles with the same brand or trade name, and the same
20 class and type that are price scheduled by one brand owner, or by the
21 licensed wholesale agent for one brand owner, if the brand owner is not
22 licensed by the authority, or with the approval of the authority, by a
23 wholesaler, may be combined. For the purpose of this paragraph, a "class
24 and type of a brand or trade name distilled spirit" shall also include
25 the flavored product composed of that same class and type of distilled
26 spirit. For the purposes of this paragraph, "brand or trade name" shall
27 mean the name under which a product is commonly marketed and sold to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13720-01-7
A. 10407 2
1 general public, but shall not include a branded product marketed under a
2 fanciful name which fanciful name, in addition to or in part, is in lieu
3 of, the brand or trade name. Products from the same manufacturer or
4 supplier shall not be combined for the purpose of offering quantity
5 discounts unless such products of the same class and type are marketed
6 and sold under the same brand or trade name, and shall not be combined
7 with products of another manufacturer or supplier. Such brand of liquor
8 or wine shall not be sold to retailers except at the price and discounts
9 then in effect unless prior written permission of the authority is
10 granted for good cause shown and for reasons not inconsistent with the
11 purpose of this chapter. Such schedule shall be transmitted by each
12 manufacturer selling such brand to retailers and by each wholesaler
13 selling such brand to retailers.
14 § 2. This act shall take effect on the first of January next succeed-
15 ing the date on which it shall have become a law.