Assembly Bill A6884A

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

                                  6884

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- 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. The alcoholic beverage control law is amended by  adding  a
new section 101-c to read as follows:
  S  101-C.  PRIMARY  SOURCE  OF  SUPPLY.  1.  FOR  THE PURPOSES OF THIS
SECTION, THE "PRIMARY SOURCE OF SUPPLY" OF AN ALCOHOLIC  BEVERAGE  SHALL
MEAN THE MANUFACTURER OR BRAND OWNER IF LOCATED IN THE UNITED STATES OR,
IN  THE  CASE  OF  AN ALCOHOLIC BEVERAGE MANUFACTURED OUTSIDE THE UNITED
STATES, THE EXCLUSIVE DESIGNATED IMPORTER OF SUCH ALCOHOLIC BEVERAGE.
  2. BEFORE COMMENCING THE SALE OR SHIPMENT OF  ANY  ALCOHOLIC  BEVERAGE
INTO OR WITHIN THIS STATE, THE PRIMARY SOURCE OF SUPPLY OF SUCH ALCOHOL-
IC  BEVERAGE  SHALL  SUBMIT TO THE AUTHORITY A COMPLETE REPORT, ON FORMS
PRESCRIBED BY THE AUTHORITY, WHICH SHALL INCLUDE:
  (A) THE NAME OF THE PRIMARY SOURCE OF SUPPLY;
  (B) A LIST OF THE NAMES OF THE  LICENSED  WHOLESALERS  IN  THIS  STATE
DESIGNATED TO SELL THE ALCOHOLIC BEVERAGE:
  (I)  SUCH LIST SHALL BE CONSISTENT WITH ANY LIST SUBMITTED PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION FOUR-A OF SECTION ONE HUNDRED ONE-B OF THIS
ARTICLE RESTRICTING THE  DISTRIBUTION  OF  SUCH  ALCOHOLIC  BEVERAGE  TO
CERTAIN WHOLESALERS;
  (II)  THIS PARAGRAPH SHALL NOT REQUIRE THE PRIMARY SOURCE OF SUPPLY TO
RESTRICT THE SALE OF ANY ALCOHOLIC BEVERAGE TO CERTAIN WHOLESALERS;
  (C) THE NAME OF THE PERSON, IF  NOT  THE  PRIMARY  SOURCE  OF  SUPPLY,
DESIGNATED  TO FILE THE PRICE SCHEDULE FOR THE PRODUCT REQUIRED PURSUANT
TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE  HUNDRED  ONE-B  OF
THIS ARTICLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10362-01-1

              

A. 6884                             2

  (D)  THE  NAME  OF  THE  PERSON,  IF NOT THE PRIMARY SOURCE OF SUPPLY,
DESIGNATED TO FILE THE APPLICATION FOR  REGISTRATION  OF  THE  BRAND  OR
TRADE  NAME  LABEL  PURSUANT  TO  PARAGRAPH  (A)  OF SUBDIVISION FOUR OF
SECTION ONE HUNDRED SEVEN-A OF THIS ARTICLE;
  (E)  THE  PRODUCTS TO BE SOLD IN, OR SHIPPED INTO, THIS STATE, INCLUD-
ING:
  (I) THE BRAND NAME;
  (II) CLASS TYPE;
  (III) FANCIFUL NAME.
  (F) CONFIRMATION OF COMPLIANCE WITH APPLICABLE  FEDERAL  AND/OR  STATE
LABELING  REQUIREMENTS,  SUCH AS TTB IDENTIFICATION NUMBER FOR THE BRAND
LABEL AND NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS LABORATO-
RY ANALYSIS;
  (G) IN THE CASE OF AN IMPORTER, DOCUMENTATION  ESTABLISHING  THAT  THE
IMPORTER IS THE EXCLUSIVE IMPORTER FOR THE FOREIGN MANUFACTURER OR BRAND
OWNER OF THE PRODUCT FOR THE PURPOSE OF COMPLIANCE WITH THIS SECTION.
  3.  SUCH FORM SHALL BE SUBMITTED TO THE AUTHORITY AT LEAST THIRTY DAYS
BEFORE THE ALCOHOLIC BEVERAGES SET FORTH THEREIN  ARE  SHIPPED  INTO  OR
SOLD IN THIS STATE. FOR GOOD CAUSE SHOWN, AND FOR REASONS NOT INCONSIST-
ENT  WITH THE PURPOSE OF THIS CHAPTER, THE AUTHORITY, IN ITS DISCRETION,
MAY ALLOW FOR THE SUBMISSION OF A FORM LESS THAN THIRTY DAYS BEFORE  THE
ALCOHOLIC  BEVERAGES  SET FORTH THEREIN ARE SHIPPED INTO OR SOLD IN THIS
STATE.
  4. A NEW FORM MUST BE FILED IN THE EVENT THAT A  MANUFACTURER  CHANGES
ITS  DESIGNATED  IMPORTER OR WHOLESALERS PRIOR TO CONTINUING THE SALE OR
SHIPMENT OF ANY ALCOHOLIC BEVERAGE.
  5. ALL  FORMS  SHALL  BE  FILED  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
REQUESTED AND SHALL TAKE EFFECT UPON RECEIPT OF THE FORM BY THE AUTHORI-
TY.
  6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO PRIVATELY HELD
WINE OR LIQUOR BEING SOLD PURSUANT  TO  SECTION  NINETY-NINE-G  OF  THIS
CHAPTER  OR  TO  WINE SOLD PURSUANT TO A DIRECT INTERSTATE WINE SHIPPING
LICENSE ISSUED UNDER SECTION SEVENTY-NINE-C OF THIS CHAPTER.
  7. NO LICENSED WHOLESALER  SHALL  SELL  AN  ALCOHOLIC  BEVERAGE  TO  A
RETAILER  UNLESS  SUCH  WHOLESALER  HAS  BEEN  AUTHORIZED BY THE PRIMARY
SOURCE OF SUPPLY, PURSUANT TO SUBDIVISION TWO OF THIS SECTION,  TO  SELL
SUCH ALCOHOLIC BEVERAGE.
  8.  NO  RETAILER  SHALL PURCHASE AN ALCOHOLIC BEVERAGE OTHER THAN FROM
THE MANUFACTURER, IF LICENSED IN THIS STATE TO MANUFACTURE SUCH ALCOHOL-
IC BEVERAGE, OR FROM A WHOLESALER WHO HAS BEEN AUTHORIZED BY THE PRIMARY
SOURCE OF SUPPLY, PURSUANT TO SUBDIVISION TWO OF THIS SECTION,  TO  SELL
SUCH ALCOHOLIC BEVERAGE.
  9.  THE  PRIMARY SOURCE OF SUPPLY SHALL MAINTAIN RECORDS OF ALL TRANS-
ACTIONS WITH WHOLESALERS LICENSED WITHIN THIS STATE WHICH SHALL SHOW THE
NAMES, ADDRESSES AND LICENSE NUMBERS OF SUCH LICENSEES TOGETHER WITH THE
QUANTITY AND PRICE OF ALCOHOLIC BEVERAGES SOLD TO SUCH  LICENSEES.  SUCH
RECORDS  SHALL BE MAINTAINED FOR A PERIOD OF TWO YEARS AND SHALL BE MADE
AVAILABLE FOR INSPECTION BY THE AUTHORITY AND THE DEPARTMENT OF TAXATION
AND FINANCE.
  10. THE AUTHORITY IS HEREBY AUTHORIZED TO DO SUCH ACTS, PRESCRIBE SUCH
FORMS AND MAKE SUCH RULES, REGULATIONS AND ORDERS AS IT MAY DEEM  NECES-
SARY OR PROPER TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.