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A01248 Summary:

COSPNSRWoerner, Lavine, Dickens
Amd §79-c, ren §79-d to be §79-e, add §79-d, ABC L
Provides for certain limited direct interstate shipments by retail licensees to sell wine for off-premises consumption.
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A01248 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2023
        Introduced by M. of A. PAULIN, WOERNER, LAVINE, DICKENS -- read once and
          referred to the Committee on Economic Development
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          providing for certain limited direct interstate shipments of wine  for
          off-premises consumption

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The section heading of section 79-c of the alcoholic bever-
     2  age control law, as amended by chapter 184  of  the  laws  of  2005,  is
     3  amended to read as follows:
     4    Direct interstate wine shipments by licensees to manufacturing wine.
     5    §  2. Section 79-d of the alcoholic beverage control law is renumbered
     6  section 79-e and a new section 79-d is added to read as follows:
     7    § 79-d.  Direct interstate wine shipments by retail licensees to  sell
     8  wine for off-premises consumption. 1. Authorization. Notwithstanding any
     9  provision  of  law,  rule or regulation to the contrary, any holder of a
    10  license to sell wine for off-premises consumption in any other state who
    11  obtains an out-of-state direct shipper's license, as  provided  in  this
    12  section,  may  ship  no  more  than  thirty-six cases (no more than nine
    13  liters each case) of wine per year directly to a resident  of  New  York
    14  who  is  at  least twenty-one years of age, for such resident's personal
    15  use and not for resale. No person shall place an order for  shipment  of
    16  wine unless they are twenty-one years of age or older. Any common carri-
    17  er  with  a  permit issued pursuant to this chapter to whom such out-of-
    18  state shipper's license is presented is authorized to make  delivery  of
    19  shipments  provided  for hereunder in this state in compliance with this
    20  section.
    21    2. License. Before sending any shipment hereunder  to  a  resident  in
    22  this  state,  the out-of-state shipper shall first obtain a license from
    23  the authority under procedures prescribed by rules  and  regulations  of
    24  the  authority and after providing the authority with a true copy of its
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1248                             2
     1  current license to sell wine for off-premises consumption in the  appli-
     2  cant's  state  of domicile after payment of an annual fee of one hundred
     3  twenty-five dollars.
     4    3.  Licensee's  responsibilities. The holder of an out-of-state direct
     5  shipper's license shall:
     6    (a) ship no more than thirty-six cases (no more than nine liters  each
     7  case)  per  year  of  wine  to a New York state resident who is at least
     8  twenty-one years of age, for such resident's personal use  and  not  for
     9  resale;
    10    (b)  ensure  that  the outside of each shipping container used to ship
    11  wine directly to a New York resident is conspicuously labeled  with  the
    13  FOR DELIVERY - NOT FOR RESALE",  or  with  other  language  specifically
    14  approved by the New York state liquor authority;
    15    (c)  maintain  records  in  such  manner and form as the authority may
    16  direct, showing the total amount of wine shipped  into  the  state  each
    17  calendar  year;  the  names  and addresses of the purchasers to whom the
    18  wine was shipped, the date purchased, the name  of  the  common  carrier
    19  used to deliver the wine, and the quantity and value of each shipment;
    20    (d)  in  connection  with the acceptance of an order for a delivery of
    21  wine to a New York resident, require the prospective customer to  repre-
    22  sent that he or she has attained the age of twenty-one years or more and
    23  that  the  wine  being  purchased  will not be resold or introduced into
    24  commerce;
    25    (e) require common carriers to:
    26    (i) require a recipient, at the delivery address,  upon  delivery,  to
    27  demonstrate  that  the  recipient is at least twenty-one years of age by
    28  providing a valid form  of  photographic  identification  authorized  by
    29  section sixty-five-b of this chapter;
    30    (ii)  require a recipient to sign an electronic or paper form or other
    31  acknowledgement of receipt as approved by the authority; and
    32    (iii) refuse delivery when the proposed recipient appears to be  under
    33  twenty-one  years  of age and refuses to present valid identification as
    34  required by subparagraph (i) of this paragraph;
    35    (f) file returns with and pay to the  New  York  state  department  of
    36  taxation  and  finance all state and local sales taxes due on sales into
    37  this state in accordance with the applicable provisions of the  tax  law
    38  relating to such taxes, the amount of such taxes to be determined on the
    39  basis that each sale in this state was at the location where delivery is
    40  made;
    41    (g)  keep  all  records  required  by this section for three years and
    42  provide copies of such records, upon written request, to  the  authority
    43  or the department of taxation and finance;
    44    (h)  permit the authority or the department of taxation and finance to
    45  perform an audit of such out-of-state shipper upon request;
    46    (i) execute a written consent to the jurisdiction of this  state,  its
    47  agencies  and  instrumentalities and the courts of this state concerning
    48  enforcement of this section and any related laws, rules, or regulations,
    49  including tax laws, rules or regulations; and
    50    (j) prior to  obtaining  an  out-of-state  direct  shipper's  license,
    51  obtain  a  certificate  of  authority pursuant to section eleven hundred
    52  thirty-four of the tax law and a registration as a distributor  pursuant
    53  to  sections  four hundred twenty-one and four hundred twenty-two of the
    54  tax law.
    55    4. Situs. Delivery of a shipment in this state by  the  holder  of  an
    56  out-of-state  direct  shipper's  license shall be deemed to constitute a

        A. 1248                             3
     1  sale in this state at the place of delivery and shall be subject to  all
     2  sales  taxes levied pursuant to articles twenty-eight and twenty-nine of
     3  the tax law.
     4    5.  Renewal.  The  out-of-state shipper may annually renew its license
     5  with the authority by paying a one hundred  twenty-five  dollar  renewal
     6  fee,  providing the authority with a true copy of its current license in
     7  such other state to  sell  wine  for  off-premises  consumption  and  by
     8  complying  with  such  other procedures as are prescribed by rule of the
     9  authority.
    10    6. Rules and regulations. The authority and the department of taxation
    11  and finance may promulgate  rules  and  regulations  to  effectuate  the
    12  purposes of this section.
    13    7.  Enforcement.  The  authority  may enforce the requirements of this
    14  section including the requirements imposed on  the  common  carrier,  by
    15  administrative  proceedings  to  suspend or revoke an out-of-state ship-
    16  per's license and the authority may accept payment of an  administrative
    17  fine  in  lieu of suspension, such payments to be determined by rules or
    18  regulations promulgated by the authority.
    19    8. Violations. In any action brought under this  section,  the  common
    20  carrier and the licensee shall only be held liable for their independent
    21  acts.
    22    §  3.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law. Effective immediately, the addition, amendment and/or
    24  repeal of any rule or regulation necessary  for  the  implementation  of
    25  this  act  on its effective date are authorized to be made and completed
    26  on or before such effective date.
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