S T A T E O F N E W Y O R K
________________________________________________________________________
9789
I N A S S E M B L Y
April 5, 2012
___________
Introduced by M. of A. SCHIMMINGER, BOYLAND, BROOK-KRASNY, CYMBROWITZ,
JAFFEE, REILLY, P. RIVERA, ROBERTS, ROBINSON -- Multi-Sponsored by --
M. of A. GALEF, HIKIND -- 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 wine to residents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 79-c of the alcoholic beverage
control law, as amended by chapter 221 of the laws of 2011, is amended
to read as follows:
3. Licensee's responsibilities. The holder of an out-of-state direct
shipper's license shall:
(a) ship no more than thirty-six cases (no more than nine liters each
case) per year of wine produced by such license holder directly to a New
York state resident who is at least twenty-one years of age, for such
resident's personal use and not for resale;
(b) ensure that the outside of each shipping container used to ship
wine directly to a New York resident is conspicuously labeled with the
words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
FOR DELIVERY - NOT FOR RESALE," or with other language specifically
approved by the New York state liquor authority. THE LABEL REQUIRED
PURSUANT TO THIS PARAGRAPH MUST BE APPLIED REGARDLESS OF THE MODE OF
PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES MADE BY TELE-
PHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISHMENT THAT SELLS
WINE OR THROUGH AN ONLINE PURCHASE;
(c) maintain records in such manner and form as the authority may
direct, showing the total amount of wine shipped into the state each
calendar year; the names and addresses of the purchasers to whom the
wine was shipped, the date purchased, the name of the common carrier
used to deliver the wine, and the quantity and value of each shipment;
(d) in connection with the acceptance of an order for a delivery of
wine to a New York resident, require the prospective customer to repre-
sent that he or she has attained the age of twenty-one years or more and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14314-06-2
A. 9789 2
that the wine being purchased will not be resold or introduced into
commerce;
(e) require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter. THE IDENTIFICATION REQUIRED BY
THIS SUBPARAGRAPH MUST BE PRESENTED TO THE COMMON CARRIER REGARDLESS OF
THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF
THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISH-
MENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgement of receipt as approved by the authority. THE SIGNATURE
REQUIRED BY THIS SUBPARAGRAPH MUST BE ACQUIRED BY THE COMMON CARRIER
REGARDLESS OF THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO,
PURCHASES OF THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN
ESTABLISHMENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by subparagraph (i) of this paragraph, REGARDLESS OF THE MODE
OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF THE WINE
BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISHMENT THAT
SELLS WINE OR THROUGH AN ONLINE PURCHASE;
(f) file returns with and pay to the New York state department of
taxation and finance all state and local sales taxes and excise taxes
due on sales into this state in accordance with the applicable
provisions of the tax law relating to such taxes, the amount of such
taxes to be determined on the basis that each sale in this state was at
the location where delivery is made;
(g) keep all records required by this section for three years and
provide copies of such records, upon written request, to the authority
or the department of taxation and finance;
(h) permit the authority or the department of taxation and finance to
perform an audit of such out-of-state shipper upon request;
(i) execute a written consent to the jurisdiction of this state, its
agencies and instrumentalities and the courts of this state concerning
enforcement of this section and any related laws, rules, or regulations,
including tax laws, rules or regulations; and
(j) prior to obtaining an out-of-state direct shipper's license,
obtain a certificate of authority pursuant to section eleven hundred
thirty-four of the tax law and a registration as a distributor pursuant
to sections four hundred twenty-one and four hundred twenty-two of the
tax law.
S 2. Subdivision 1 of section 79-d of the alcoholic beverage control
law, as amended by chapter 184 of the laws of 2005, paragraph (c) as
amended by chapter 221 of the laws of 2011, is amended to read as
follows:
1. Licensee's shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee
shall:
(a) in the case of a farm winery licensee or a winery licensee, ship
no more than thirty-six cases (no more than nine liters) per year of
wine produced by such license holder directly to a New York state resi-
dent who is at least twenty-one years of age, for such resident's
personal use and not for resale;
A. 9789 3
(b) ensure that the outside of each shipping container used to ship
wine directly to a New York state resident is conspicuously labeled with
the words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
FOR DELIVERY," or with other language specifically approved by the New
York state liquor authority. THE LABEL REQUIRED PURSUANT TO THIS PARA-
GRAPH MUST BE APPLIED REGARDLESS OF THE MODE OF PURCHASE AND INCLUDES,
BUT IS NOT LIMITED TO, PURCHASES MADE BY TELEPHONE, BY MAIL, BY CATALOG,
IN PERSON AT AN ESTABLISHMENT THAT SELLS WINE OR THROUGH AN ONLINE
PURCHASE;
(c) maintain records in such manner and form as the authority may
direct showing the total amount of wine shipped in the state each calen-
dar year, the names and addresses of the purchasers to whom the wine was
shipped, the date purchased, the name of the common carrier used to
deliver the wine, and the quantity and value of each shipment. Such
records shall be kept for three years and, upon written request, be
provided to the authority or the department of taxation and finance;
(d) in connection with the acceptance of an order for a delivery of
wine to a New York resident, require the prospective customer to repre-
sent that he or she has attained the age of twenty-one years or more and
that the wine being purchased will not be resold or introduced into
commerce; and
(e) require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter. THE IDENTIFICATION REQUIRED BY
THIS SUBPARAGRAPH MUST BE PRESENTED TO THE COMMON CARRIER REGARDLESS OF
THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF
THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISH-
MENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority. THE SIGNATURE
REQUIRED BY THIS SUBPARAGRAPH MUST BE ACQUIRED BY THE COMMON CARRIER
REGARDLESS OF THE MODE OF PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO,
PURCHASES OF THE WINE BY TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN
ESTABLISHMENT THAT SELLS WINE OR THROUGH AN ONLINE PURCHASE; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision, REGARDLESS OF THE MODE OF
PURCHASE AND INCLUDES, BUT IS NOT LIMITED TO, PURCHASES OF THE WINE BY
TELEPHONE, BY MAIL, BY CATALOG, IN PERSON AT AN ESTABLISHMENT THAT SELLS
WINE OR THROUGH AN ONLINE PURCHASE.
S 3. Subdivision 1 of section 102 of the alcoholic beverage control
law is amended by adding a new paragraph (c-1) to read as follows:
(C-1) ANY COMMON CARRIER OR OTHER PERSON BRINGING OR CARRYING INTO THE
STATE PACKAGES THAT MAY CONTAIN ALCOHOLIC BEVERAGES SHALL VERIFY THE
CONTENTS OF SUCH PACKAGES AND IF SUCH PACKAGES CONTAIN ALCOHOLIC BEVER-
AGES, SUCH PERSON OR COMMON CARRIER SHALL ADHERE TO THE SHIPPING
REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF SECTION SEVENTY-NINE-C
AND SUBDIVISION ONE OF SECTION SEVENTY-NINE-D OF THIS CHAPTER OR BE
GUILTY OF A MISDEMEANOR AS PROVIDED FOR IN SUBDIVISIONS THREE AND FIVE
OF SECTION ONE HUNDRED THIRTY OF THIS ARTICLE.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.