senate Bill S4499A

2011-2012 Legislative Session

Relates to the shipment of alcoholic beverages into the state

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Jun 15, 2011 print number 4499a
amend and recommit to finance
Jun 07, 2011 reported and committed to finance
Apr 07, 2011 referred to investigations and government operations

S4499 - Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §101-c, ABC L

S4499 - Summary

Relates to the shipment of alcoholic beverages into the state and requires the completion of a report by the primary source of supply before commencing such sale or shipment.

S4499 - Sponsor Memo

S4499 - Bill Text download pdf

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

                                  4499

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 7, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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.  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

S4499A (ACTIVE) - Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §101-c, ABC L

S4499A (ACTIVE) - Summary

Relates to the shipment of alcoholic beverages into the state and requires the completion of a report by the primary source of supply before commencing such sale or shipment.

S4499A (ACTIVE) - Sponsor Memo

S4499A (ACTIVE) - Bill Text download pdf

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

                                 4499--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 7, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  reported favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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, AND TO IMPLEMENT SECTIONS ONE HUNDRED ONE-B, ONE HUNDRED THREE,
ONE HUNDRED FOUR AND ONE HUNDRED SEVEN-A OF THIS  ARTICLE  AND  SECTIONS
FOUR  HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-SIX OF THE TAX LAW, 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,  A
LICENSED 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  ELEC-
TRONIC 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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