NY State Senate Bill 2013-S1070

Senate Bill S1070

2013-2014 Legislative Session

Requires alcoholic beverages shipped from state that requires out of state shipments to be consigned to a licensee and stored, shall be so consigned and stored in this state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to investigations and government operations
Jan 09, 2013	referred to investigations and government operations

co-Sponsors

View additional co-sponsors

2013-S1070 (ACTIVE) - Details

See Assembly Version of this Bill:: A5462
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §102, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2779, A5077
2011-2012: S2473, A2981

2013-S1070 (ACTIVE) - Summary

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.

2013-S1070 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1070

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to the shipment of alcoholic beverages into the state

PURPOSE:
To  require  that  alcoholic beverages imported into New York be first
delivered to a licensed New York State wholesaler and maintained at  a
premises  or  warehouse operated by such wholesaler for a period of 48
hours (i.e., "at-rest") if the out-of-state shipment emanates  from  a
state which also has an "at-rest" statutory requirement.

SUMMARY OF PROVISIONS:
Section  1  amends  paragraphs (a) and (b) of subdivision 1 of section
102 of the Alcoholic Beverage Control Law, as amended by  chapter  210
of  the  laws  of  2005,  to  require  that, in certain circumstances,
alcoholic beverages shipped into the State from out-of-state locations
be shipped to a licensed New  York  wholesaler  and  maintained  at  a
premises or warehouse operated by such wholesaler.

Section  2  of  the  bill provides an effective date of January 1 next
succeeding the date the bill becomes law.

EXISTING LAW:
Section 511 of the Vehicle and Traffic Law  covers  various  means  in
which  persons may be guilty of aggravated unlicensed operation in the

second degree. This legislation  expands  upon  the  circumstances  of
aggravated  unlicensed  operation  of  a  motor  vehicle,  which  is a
misdemeanor.

JUSTIFICATION:
Under current New York Law, out-of-state alcoholic  shipments  can  be
made  by  out  of  state  wholesalers  directly to New York retailers,
despite the fact that many states outside of New  York  prohibit  such
direct  shipments  to  retail licensees in their respective states. In
fact, many of the  states  surrounding  New  York  (e.g.  New  Jersey,
Connecticut)  have  laws  which  require that alcohol shipped into the
state from out-of-state suppliers be shipped to a licensed  wholesaler
within  the  state  and  maintained  at  a  premises  operated by such
wholesaler for a minimum period of time  _  commonly  referred  to  as
"at-rest"  laws.  This  requirement  from  states  bordering New York,
clearly puts New York businesses  who  wish  to  ship  to  neighboring
states   at   a  competitive  disadvantage.  This  legislation  simply
establishes a reciprocal "at-rest" provision of law  (i.e.,  one  that
applies  to  shipments  which  come  from  states  that  have existing
"at-rest" laws).

Unlike out-of-state shippers who can deliver alcohol directly  to  New
York retailers, New York distributors are not afforded the same luxury
in  many  states,  denying  them the same competitive opportunities as
their foreign competitors. This legislation "levels the playing field"
between New York businesses and out of state  businesses  whose  state
requires  the  warehousing  of  alcoholic beverages delivered from New
York. Moreover, requiring the shipment of alcoholic  beverages  to  be
"at-rest"  in  New  York,  facilitates the effective collection of New
York's taxes on alcoholic beverages.   Currently,  the  collection  of


excise  taxes (paid by wholesalers) is more difficult when the alcohol
is shipped from out of state. At a time when the  state's  economy  is
revitalizing,  New  York  should  seek  to capitalize on opportunities
which   ensure   that   tax  revenues  are  collected.  Finally,  this
legislation has the ancillary benefit of business growth in  New  York
as  out  of  state  distributors  are required to ware house alcoholic
beverages in New York. To the extent such storage  facilities  do  not
currently  exist,  the  construction  of  facilities will need to take
place.

LEGISLATIVE HISTORY:
S.6382 of 2006; Referred to Investigations & Government Operations
S.1300 of 2007-2008
A.5077 of 2009-10
S.2473/A.2981 of 2011-12; Referred to Investigations & Government
Operations

FISCAL IMPLICATIONS:
Increased tax revenues for the State.

EFFECTIVE DATE:
The first of January next succeeding the date the bill becomes law.

2013-S1070 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1070

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MAZIARZ, GRISANTI -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations

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:

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section  102  of
the  alcoholic  beverage  control  law, as amended by chapter 210 of the
laws of 2005, are amended to read as follows:
  (a) (I) Except as provided in section seventy-nine-c of this  chapter,
SUBJECT  TO  THE  PROVISIONS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, no
alcoholic beverages shall be shipped into  the  state  unless  the  same
shall  be  consigned  to  a person duly licensed [hereunder] PURSUANT TO
THIS CHAPTER to traffic in alcoholic beverages. [This] EXCEPT AS  OTHER-
WISE  PROVIDED  IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THIS prohibition
shall apply to all shipments of alcoholic beverages into New York  state
and  includes  importation  or distribution for commercial purposes, for
personal use, or otherwise, and irrespective of whether  such  alcoholic
beverages were purchased within or without the state, provided, however,
this prohibition shall not apply to any shipment consigned to a New York
resident  who  has  personally  purchased  alcoholic  beverages  for his
personal use while outside the United States for  a  minimum  period  of
forty-eight  consecutive  hours and which he has shipped as consignor to
himself as consignee.  Purchases  made  outside  the  United  States  by
persons other than the purchaser himself, regardless whether made as his
agent,  or by his authorization or on his behalf, are deemed not to have
been personally purchased within the meaning of this paragraph.
  (II) WITH RESPECT TO ANY STATE THAT PROHIBITS THE  OUT-OF-STATE  SHIP-
MENT OF ALCOHOLIC BEVERAGES TO ANYONE OTHER THAN A LICENSEE OF THE STATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02254-01-3

S. 1070                             2

AND  FURTHER REQUIRES THAT SUCH ALCOHOLIC BEVERAGES BE STORED AT A PREM-
ISES OR WAREHOUSE LOCATED WITHIN SUCH STATE MAINTAINED BY SUCH LICENSEE,
NO ALCOHOLIC BEVERAGES SHALL BE SHIPPED FROM SAID STATE, INTO THIS STATE
UNLESS THE SAME SHALL BE CONSIGNED TO A PERSON DULY LICENSED AS A WHOLE-
SALER  OF  ALCOHOLIC  BEVERAGES  IN  THIS STATE. IN SUCH INSTANCES, SUCH
ALCOHOLIC BEVERAGES SHALL BE STORED AT A PREMISES OR  WAREHOUSE  LOCATED
IN  THIS STATE AND MAINTAINED BY A LICENSED WHOLESALER FOR NOT LESS THAN
FORTY-EIGHT HOURS BEFORE DELIVERY TO A RETAIL LICENSEE.
  (b) Except as provided in section seventy-nine-c of this  chapter,  no
common  carrier  or other person shall bring or carry into the state any
alcoholic beverages, unless the same shall be consigned,  IN  ACCORDANCE
WITH PARAGRAPH (C) OF THIS SUBDIVISION, to a person duly licensed [here-
under]  PURSUANT  TO  THIS  CHAPTER  to  traffic in alcoholic beverages,
provided, however, that alcoholic beverages may be delivered by a truck-
ing permittee from a steamship or railroad station or terminal to a  New
York  resident  who has personally purchased alcoholic beverages for his
personal use while outside the United States for  a  minimum  period  of
forty-eight  consecutive hours, and which he has shipped as consignor to
himself as consignee, and except as so  stated,  no  trucking  permittee
shall  accept  for  delivery,  deliver  or transport from a steamship or
railroad  station  or  terminal  any  shipment  of  alcoholic  beverages
consigned  to  a  non-licensed person having his home or business in New
York state.  Purchases of alcoholic beverages made  outside  the  United
States  by  persons other than the purchaser himself, regardless whether
made as his agent, or by his authorization or on his behalf, are  deemed
not  to  have been personally purchased within the meaning of this para-
graph.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1070

Share this bill

Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Joseph P. Addabbo Jr.

Mark Grisanti

Ruth Hassell-Thompson

Diane J. Savino

2013-S1070 (ACTIVE) - Details

2013-S1070 (ACTIVE) - Summary

2013-S1070 (ACTIVE) - Sponsor Memo

2013-S1070 (ACTIVE) - Bill Text download pdf

Comments