Assembly Bill A5077

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

                                  5077

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development, Job Creation, Commerce and Industry

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
AND FURTHER REQUIRES THAT SUCH ALCOHOLIC BEVERAGES BE STORED AT A  PREM-
ISES OR WAREHOUSE LOCATED WITHIN SUCH STATE MAINTAINED BY SUCH LICENSEE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08067-01-9
              

A. 5077                             2

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.