STATE OF NEW YORK
________________________________________________________________________
9162--B
IN SENATE
February 9, 2026
___________
Introduced by Sen. SKOUFIS -- 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 -- 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
expanding the ability of certain persons who sell alcohol to set the
price of said alcohol
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 101-b of the alcoholic beverage control law, as
2 amended by chapter 531 of the laws of 1964, subdivision 2 as amended by
3 chapter 669 of the laws of 1989, paragraph (a) of subdivision 3 as
4 amended and paragraph (e) of subdivision 3 as added by chapter 24 of the
5 laws of 2024, paragraph (b) of subdivision 3 as amended by section 1 and
6 paragraph (d) of subdivision 3 as added by section 2 of part E of chap-
7 ter 56 of the laws of 2006, subdivision 4 as amended by chapter 102 of
8 the laws of 1979, subdivision 4-a as added by chapter 891 of the laws of
9 1986, subdivision 5 as added and subdivisions 6 and 7 as renumbered by
10 chapter 769 of the laws of 1986, paragraphs (a) and (b) of subdivision 5
11 as amended by chapter 315 of the laws of 2022, and subdivision 6 as
12 amended by chapter 919 of the laws of 1976, is amended to read as
13 follows:
14 § 101-b. Unlawful discriminations prohibited[; filing of schedules;
15 schedule listing fund]. 1. [It is the declared policy of the state that
16 it is necessary to regulate and control the manufacture, sale, and
17 distribution within the state of alcoholic beverages for the purpose of
18 fostering and promoting temperance in their consumption and respect for
19 and obedience to the law.] In order to eliminate [the undue stimulation
20 of sales of alcoholic beverages and] the practice of manufacturers and
21 wholesalers in granting discounts, rebates, allowances, free goods, and
22 other inducements to selected licensees, which contribute to a disorder-
23 ly distribution of alcoholic beverages, and which are detrimental to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14813-04-6
S. 9162--B 2
1 proper regulation of the liquor industry and contrary to the interests
2 of temperance, it is hereby further declared as the policy of the state
3 that the sale of alcoholic beverages should be subjected to certain
4 restrictions, prohibitions and regulations. The necessity for the enact-
5 ment of the provisions of this section is, therefore, declared as a
6 matter of legislative determination.
7 2. It shall be unlawful for any person who sells liquors or wines to
8 wholesalers or retailers [(a)] to discriminate, directly or indirectly,
9 in price, in discounts for time of payment or in discounts on quantity
10 of merchandise sold, between one wholesaler and another wholesaler, or
11 between one retailer and another retailer purchasing liquor or wine
12 bearing the same brand or trade name and of like age and quality[; (b)
13 to grant, directly or indirectly, any discount, rebate, free goods,
14 allowance or other inducement of any kind whatsoever, except a discount
15 or discounts for quantity of liquor or for quantity of wine and a
16 discount not in excess of one per centum for payment on or before ten
17 days from date of shipment].
18 3. [(a) No brand of liquor or wine shall be sold to or purchased by a
19 wholesaler, irrespective of the place of sale or delivery, unless a
20 schedule, as provided by this section, is transmitted to and received by
21 the liquor authority, and is then in effect. Such schedule shall be
22 transmitted to the authority in such form, manner, medium and format as
23 the authority may direct; shall be deemed duly verified by the person
24 submitting such schedule upon its transmission to the authority; and
25 shall contain, with respect to each item, the exact brand or trade name,
26 capacity of package, nature of contents, age and proof where stated on
27 the label, the number of bottles contained in each case, the bottle and
28 case price to wholesalers, the net bottle and case price paid by the
29 seller, which prices, in each instance, shall be individual for each
30 item and not in "combination" with any other item, the discounts for
31 quantity, if any, and the discounts for time of payment, if any. Such
32 brand of liquor or wine shall not be sold to wholesalers except at the
33 price and discounts then in effect unless prior written permission of
34 the authority is granted for good cause shown and for reasons not incon-
35 sistent with the purpose of this chapter. Such schedule shall be trans-
36 mitted by (1) the owner of such brand, or (2) a wholesaler selling such
37 brand and who is designated as agent for the purpose of filing such
38 schedule if the owner of the brand is not licensed by the authority, or
39 (3) with the approval of the authority, by a wholesaler, in the event
40 that the owner of the brand is unable to transmit a schedule or desig-
41 nate an agent for such purpose.
42 (b) No brand of liquor or wine shall be sold to or purchased by a
43 retailer unless a schedule, as provided by this section, is transmitted
44 to and received by the liquor authority, and is then in effect. Such
45 schedule shall be transmitted to the authority in such form, manner,
46 medium and format as the authority may direct; shall be deemed duly
47 verified by the person submitting such schedule upon its transmission to
48 the authority; and shall contain, with respect to each item, the exact
49 brand or trade name, capacity of package, nature of contents, age and
50 proof where stated on the label, the number of bottles contained in each
51 case, the bottle and case price to retailers, the net bottle and case
52 price paid by the seller, which prices, in each instance, shall be indi-
53 vidual for each item and not in "combination" with any other item, the
54 discounts for quantity, if any, and the discounts for time of payment,
55 if any. Such brand of liquor or wine shall not be sold to retailers
56 except at the price and discounts then in effect unless prior written
S. 9162--B 3
1 permission of the authority is granted for good cause shown and for
2 reasons not inconsistent with the purpose of this chapter. Such schedule
3 shall be transmitted by each manufacturer selling such brand to retail-
4 ers and by each wholesaler selling such brand to retailers.
5 (c) Provided however, nothing contained in this section shall require
6 any manufacturer or wholesaler to list in any schedule to be filed
7 pursuant to this section any item offered for sale to a retailer under a
8 brand which is owned exclusively by one retailer and sold at retail
9 within the state exclusively by such retailer.
10 (d) The authority may make available the schedules in paragraphs (a)
11 and (b) of this subdivision to all licensed wholesaler or retail estab-
12 lishments by way of controlled internet access.
13 (e) As used in this subdivision the term "item" shall be deemed to
14 include a sealed, pre-wrapped package consisting of a sealed container
15 or containers of liquor, wine or wine products and other merchandise
16 reasonably used in connection with the preparation, storage, promotion,
17 gifting, or service of liquor, wine or wine products provided that such
18 other merchandise shall not be potable or edible; provided however that
19 any such wine, liquor or wine products sealed or pre-wrapped in combina-
20 tion with other items shall also be available individually for sale. For
21 the purposes of this section, gift and promotional items shall only
22 include those items that are complementary and directly associated with
23 the sale of wine or liquor they are gifting or promoting and shall mean:
24 (1) items that are de minimis in value, but in no instance shall
25 merchandise be valued at more than fifteen dollars in total; (2) items
26 that are imprinted with the wine or liquor brand logo on the gift or
27 promotional item; and (3) items that are included as part of a manufac-
28 tured pre-sealed package with the wine or liquor that is being gifted or
29 promoted. Further, for the purposes of this section, gift or promotional
30 items shall not include any food, non-alcoholic beverage, or other drink
31 or food mix, nor shall these items be offered for sale to the general
32 public as individual items.
33 4. Each such schedule required by paragraph (a) of subdivision three
34 of this section shall be filed on or before the twenty-fifth day of each
35 month and the prices and discounts set forth therein shall become effec-
36 tive on the first day of the second succeeding calendar month and shall
37 be in effect for such second succeeding calendar month. Each such sched-
38 ule required by paragraph (b) of subdivision three of this section shall
39 be filed on or before the fifth day of each month, and the prices and
40 discounts set forth therein shall become effective on the first day of
41 the calendar month following the filing thereof, and shall be in effect
42 for such calendar month. Within ten days after the filing of such sched-
43 ule the authority shall make them or a composite thereof available for
44 inspection by licensees. Within three business days after such
45 inspection is provided for, a wholesaler may amend his filed schedule
46 for sales to retailers in order to meet lower competing prices and
47 discounts for liquor or wine of the same brand or trade name, and of
48 like age and quality, filed pursuant to this section by any licensee
49 selling such brand, provided such amended prices are not lower and
50 discounts are not greater than those to be met. Any amended schedule so
51 filed shall become effective on the first day of the calendar month
52 following the filing thereof and shall be in effect for such calendar
53 month. All schedules filed shall be subject to public inspection, from
54 the time that they are required to be made available for inspection by
55 licensees, and shall not be considered confidential. Each manufacturer
56 and wholesaler shall retain in his licensed premises for inspection by
S. 9162--B 4
1 licensees a copy of his filed schedules as then in effect. The liquor
2 authority may make such rules as shall be appropriate to carry out the
3 purpose of this section.
4 4-a.] No licensee shall refuse to sell any brand of liquor or wine to
5 any licensee authorized to purchase such brand of liquor or wine from
6 such licensee at the price listed in the schedule of prices of such
7 brand of liquor or wine [required to be filed] maintained by such licen-
8 see [with the authority pursuant to this section] on their retailer
9 ordering platform or other price list such licensee makes available to
10 retailers, provided the purchaser pays cash therefor, and except as
11 herein provided.
12 (a) [A schedule of prices to wholesalers filed by the brand owner or
13 its agent with the authority, pursuant to this section, may limit the
14 distribution or resale of a brand to wholesalers by the filing by the
15 brand owner or its agent with the authority of the names, addresses and
16 license numbers of such wholesalers. Such list shall be filed each month
17 together with the schedule of prices, and no name shall be added thereto
18 or removed therefrom after filing except with permission of the authori-
19 ty.
20 (b) Only those wholesalers listed, pursuant to paragraph (a) of this
21 subdivision, may schedule the price to retailers for such brand, except
22 that when not inconsistent with the purpose of this section, the author-
23 ity may authorize any other wholesaler to schedule a price after
24 furnishing the quantity, source of purchase and any other information
25 the authority may require.
26 (c) When distribution or resale of a brand has been restricted, pursu-
27 ant to paragraph (a) of this subdivision, such brand shall not be sold
28 or purchased by any wholesalers who are not listed in accordance with
29 paragraph (a) of this subdivision.
30 (d) For good cause shown to the satisfaction of the authority, permis-
31 sion may be granted for the filing of schedules limiting the distrib-
32 ution or resale of a brand to retailers.
33 (e)] Manufacturers and wholesalers may not require or compel retailers
34 to purchase other brands in order to be able to buy a particular brand.
35 [(f)] (b) Nothing contained in this subdivision shall be construed as
36 authority for permitting any conduct or activity by any brand owner or
37 its agent or any wholesaler of liquor or wine proscribed by the anti-
38 trust laws of this state or the United States.
39 [(g)] (c) If any provision of any paragraph of this subdivision or any
40 subdivision of this section or the application thereof to any person or
41 circumstance shall be adjudged invalid by a court of competent jurisdic-
42 tion, such order or judgment shall be confined in its operation to the
43 controversy in which it was rendered and shall not affect or invalidate
44 the remainder of any provision of this subdivision or any subdivision of
45 this section or the application of any part thereof to any other person
46 or circumstance and to this end the provisions of each paragraph of this
47 subdivision and each subdivision of this section are hereby declared to
48 be severable.
49 [5. (a) (i) Notwithstanding any other provision of law, each such
50 schedule required by paragraph (a) of subdivision three of this section
51 which is filed by a micro-winery, winery, or farm winery, or a class A,
52 A-1, B, B-1, C, or D distiller shall be filed annually on or before the
53 twenty-fifth day of November. The prices and discounts set forth therein
54 shall become effective on the first day of the second succeeding calen-
55 dar month and shall remain in effect for such twelve succeeding calendar
S. 9162--B 5
1 months, unless a price change filing is made pursuant to subparagraph
2 (ii) of this paragraph.
3 (ii) A micro-winery, winery, or farm winery, or a class A, A-1, B,
4 B-1, C, or D distiller licensee may file a price schedule change at any
5 time between the required annual filings. Each such price schedule
6 change shall be filed on or before the twenty-fifth day of each month
7 for a change in prices to become effective on the first day of the
8 second succeeding calendar month and shall remain in effect until the
9 effective date of the next filing.
10 (b) (i) Notwithstanding any other provision of law, each such schedule
11 required by paragraph (b) of subdivision three of this section which is
12 filed by a micro-winery, winery, or farm winery licensee, or a class A,
13 A-1, B, B-1, C, or D distiller shall be filed annually on or before the
14 fifth day of December. The prices and discounts set forth therein shall
15 become effective on the first day of the calendar month following the
16 filing thereof, and shall remain in effect for such twelve succeeding
17 calendar months, unless a price change filing is made pursuant to
18 subparagraph (ii) of this paragraph.
19 (ii) A micro-winery, winery, or farm winery, or a class A, A-1, B,
20 B-1, C, or D distiller licensee may file a price schedule change at any
21 time between the required annual filings. Each such price schedule
22 change shall be filed on or before the fifth day of each month for a
23 change in prices to become effective on the first day of the calendar
24 month following the filing thereof and shall remain in effect until the
25 effective date of the next filing.
26 (c) Within ten days after the filing of such schedules the authority
27 shall make them or a composite thereof available for inspection by
28 licensees. Within three business days after such inspection is provided
29 for, a wholesaler may amend his filed schedule for sales to retailers in
30 order to meet lower competing prices and discounts for wine of the same
31 brand or trade name, and of like age and quality, filed pursuant to this
32 section by any licensee selling such brand, provided such amended prices
33 are not lower and discounts are not greater than those to be met. Any
34 amended schedule so filed shall become effective on the first day of the
35 calendar month following the filing thereof and shall be in effect until
36 the effective date of the next filing.
37 (d) All schedules filed shall be subject to public inspection, from
38 the time that they are required to be made available for inspection by
39 licensees, and shall not be considered confidential. Each manufacturer
40 and wholesaler shall retain in his licensed premises for inspection by
41 licensees a copy of his filed schedules as then in effect. The liquor
42 authority may make such rules as shall be appropriate to carry out the
43 purpose of this subdivision.
44 6. For the purpose of raising the moneys necessary to defray the
45 expenses incurred in the administration of this section, on or before
46 the tenth day after this act becomes a law, there shall be paid to the
47 liquor authority by each manufacturer and wholesaler licensed under this
48 chapter to sell to retailers liquors and/or wines, a sum equivalent to
49 fifteen per centum of the annual license fee prescribed by this chapter
50 for each such licensee. A like sum shall be paid by each person hereaft-
51 er applying for any such license or the renewal of any such license, and
52 such sum shall accompany the application and the license fee prescribed
53 by this chapter for such license or renewal as the case may be. In the
54 event that any other law requires the payment of a fee by any such
55 licensee or applicant as set forth in this section for schedule listing,
56 then and in such event the total fee imposed by this section and such
S. 9162--B 6
1 other law or laws on each such licensee shall not exceed in the aggre-
2 gate a sum equivalent to fifteen per centum of the annual license fee
3 prescribed by this chapter for such license.
4 7.] 4. The authority may revoke, cancel or suspend any license issued
5 pursuant to this chapter, and may recover (as provided in section one
6 hundred twelve of this chapter) the penal sum of the bond filed by a
7 licensee, or both, for any sale or purchase in violation of any of the
8 provisions of this section or [for making a false statement in any sche-
9 dule filed pursuant to this section or] for failing or refusing in any
10 manner to comply with any of the provisions of this section.
11 § 2. The opening paragraph of subdivision 4 of section 107-a of the
12 alcoholic beverage control law, as amended by chapter 354 of the laws of
13 2013, is amended to read as follows:
14 An application for registration of a brand or trade name label shall
15 be filed by (1) the owner of the brand or trade name if such owner is
16 licensed by the authority, or (2) a wholesaler selling such brand who is
17 appointed as exclusive agent, in writing, by the owner of the brand or
18 trade name for the purpose of filing such application, if the owner of
19 the brand or trade name is not licensed by the authority, or (3) any
20 wholesaler, with the approval of the authority, in the event that the
21 owner of the brand or trade name does not file or is unable to file such
22 application or designate an agent for such purposes, or (4) any whole-
23 saler, with the approval of the authority, in the event that the owner
24 of the brand or trade name is a retailer who does not file such applica-
25 tion, provided that the retailer shall consent to such filing by such
26 wholesaler. Such retailer may revoke his consent at any time, upon writ-
27 ten notice to the authority and to such wholesaler.
28 [Unless otherwise permitted or required by the authority, the applica-
29 tion for registration of a liquor or wine brand or trade name label
30 filed pursuant to this section shall be filed by the same licensee
31 filing schedules pursuant to section one hundred one-b of this article.]
32 Cordials and wines which differ only as to fluid content, age, or
33 vintage year, as defined by such regulations, shall be considered the
34 same brand; and those that differ as to type or class may be considered
35 the same brand by the authority where consistent with the purposes of
36 this section.
37 § 3. This act shall take effect immediately.
