STATE OF NEW YORK
________________________________________________________________________
494
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. PAULIN, D'URSO, LUPARDO, GOTTFRIED, QUART,
ZEBROWSKI, McDONOUGH, MONTESANO, CROUCH, BYRNE, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03783-01-9
A. 494 2
1 issued pursuant to this chapter to whom such out-of-state shipper's
2 license is presented is authorized to make delivery of shipments
3 provided for hereunder in this state in compliance with this section.
4 § 2. Subdivision 2 of section 79-c of the alcoholic beverage control
5 law, as amended by chapter 221 of the laws of 2011, is amended to read
6 as follows:
7 2. License. Before sending any shipment hereunder to a resident in
8 this state, the out-of-state shipper shall first obtain a license from
9 the authority under procedures prescribed by rules and regulations of
10 the authority and after providing the authority with a true copy of its
11 current license to manufacture wine or its current retail license to
12 sell wine for off-premises consumption in the applicant's state of domi-
13 cile along with a copy of the applicant's federal basic permit after
14 payment of an annual fee of one hundred twenty-five dollars. Notwith-
15 standing the provisions of section one hundred ten of this chapter, the
16 authority in its discretion, may excuse an out-of-state winery or retail
17 licensee from the submission of such information.
18 § 3. Paragraph (a) of subdivision 3 of section 79-c of the alcoholic
19 beverage control law, as amended by chapter 221 of the laws of 2011, is
20 amended to read as follows:
21 (a) ship no more than thirty-six cases (no more than nine liters each
22 case) per year of wine produced or sold by such license holder directly
23 to a New York state resident who is at least twenty-one years of age,
24 for such resident's personal use and not for resale;
25 § 4. This act shall take effect on the ninetieth day after it shall
26 have become a law.
