Assembly Bill A10759

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

                                  10759

                          I N  A S S E M B L Y

                              June 18, 2012
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. V. Lopez) --
  read once and referred to the Committee on Economic Development

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.  Legislative  purpose.  The legislature finds and declares
that the proper regulation and control  of  the  manufacture,  sale  and
distribution of alcoholic beverages is in the best interest of the citi-
zen  of  New  York  state. In furtherance of this policy the legislature
finds that requiring alcoholic beverage products to be maintained  in  a
warehouse  owned  or  leased by a licensed New York state wholesaler for
forty-eight hours will allow the state liquor authority and the New York
state department of taxation and finance to verify the legality of  such
product and the proper payment of taxes on such product.
  S  2.  Paragraph  (a) of subdivision 1 of section 102 of the alcoholic
beverage control law, as amended by chapter 210 of the laws of 2005,  is
amended to read as follows:
  (a)  Except  as provided in section seventy-nine-c of this chapter, no
alcoholic beverages shall be shipped into  the  state  unless  the  same
shall  be  consigned  to  a person duly licensed hereunder to traffic in
alcoholic beverages. SUCH ALCOHOLIC BEVERAGES SHALL BE STORED AT A PREM-
ISES OR WAREHOUSE LOCATED IN THIS STATE THAT IS OWNED  OR  LEASED  BY  A
WHOLESALER  LICENSED  BY  NEW  YORK  STATE FOR NOT LESS THAN FORTY-EIGHT
HOURS BEFORE DELIVERY TO A RETAIL LICENSEE. 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  prohibi-
tion  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

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

                                                           LBD16225-01-2

A. 10759                            2

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.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.