NY State Senate Bill 2011-S4499

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

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

Votes

- Jun 7, 2011 - Investigations And Government Operations Committee Vote
  S4499
  
  7
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Jun 7, 2011
      
      aye (7)
      
      Alesi
      
      Diaz
      
      Golden
      
      Marcellino
      
      Nozzolio
      
      Peralta
      
      Zeldin
      
      aye wr (1)
      
      Squadron

Bill Amendments

Original

A (Active)

2011-S4499 - Details

See Assembly Version of this Bill:: A6884
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §101-c, ABC L

2011-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.

2011-S4499 - Sponsor Memo

                                BILL NUMBER:S4499

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the shipment
of alcoholic beverages into the state

PURPOSE OF THE BILL:
This bill would amend the Alcoholic Beverage
Control Law to insure that alcoholic beverages distributed in this
state pass through those authorized to sell the product. This will
protect against counterfeit or "grey market" goods and would serve as
an enforcement tool in the collection of state excise taxes. This
would be accomplished by adding a new "primary source" statute that
would require the manufacturer of an alcoholic beverage to identity
the entities that are authorized to distribute, at wholesale, the
product in this state.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would add a new
section 101-c to the Alcoholic Beverage Control Law. The subdivisions
of this new section would provide as follows:

Subdivision 1 defines the term "primary source of supply" as being the
manufacturer or brand owner of the alcoholic beverage, if it is
produced in the United States, or the exclusive importer, as

designated by the manufacturer, for products manufactured outside the
United States.

Subdivision 2 requires the "primary source of supply" to submit
documentation to the Authority which identifies the particular
product, the licensed wholesalers in this state authorized to sell
the product at wholesale, and the entities responsible for complying
with the state's brand label registration and price posting laws with
respect to the product.

Subdivision 3 requires that. the form containing the documentation
provided for in subdivision 2 must be filed, with certain exceptions,
at least 30 days before the product is shipped into, or sold in this
state.

Subdivision 4 requires that the form containing the documentation must
be amended when certain changes are made to the information that has
already been submitted.

Subdivision 5 addresses the manner (certified mail) by which the
documentation must be submitted to the Authority.

Subdivision 6 exempts those selling privately held wine and liquor and
out-of-state wineries shipping directing to consumers from compliance
with the provisions of the new section.

Subdivision 7 advises licensed wholesalers that they cannot sell an
alcoholic beverage unless they are listed as an authorized
distributor in the form submitted by the primary source of supply.


Subdivision 8 advised licensed retailers that they cannot buy an
alcoholic beverage unless it is purchased from a wholesaler who is
listed an authorized distributor in the form submitted by the primary
source of supply.

Subdivision 9 imposes limited record keeping requirements on the
primary source of supply with respect to the licensees in this state
who purchased alcoholic beverages from the primary source of supply.

Subdivision 10 gives rule making power to the Authority to assist in
the administration of this section.

Section 2 of the bill would make the new section effective immediately.

JUSTIFICATION:
There are substantial quantities of "grey market"
alcoholic beverages being imported into, or sold in this state. These
products are either counterfeit versions of the genuine alcoholic
beverage produced by the manufacturer, or the genuine product that
has been obtained by a wholesaler from a person who was not
authorized to distribute the product.

Both scenarios are a cause of concern. With respect to counterfeit
products, there is no assurance that the alcoholic beverage is safe
for human consumption. The product, because of its packaging, appears
to the consumer be the genuine product. However, the consumer will
have no idea that the product may be something of lesser quality or,
more importantly, something that may pose a serious, immediate health
risk to the consumer.

With respect to genuine products distributed by unauthorized
wholesalers, such activity undermines the "three tier system" in
place in this state. Sale of alcoholic beverages by such wholesalers
can result in unpaid excise taxes and a disruption in the orderly
distribution of alcoholic beverages, one of the stated purposes of
the Alcoholic Beverage Control Law.

Initially, those unfamiliar with the "primary source of supply"
concept may be concerned that it is an attempt to require
manufactures to have franchise agreements with wholesalers, thus
restricting the number of wholesalers who can sell the product. The
proposed statute specifically states that manufacturers are riot
required to limit the number of wholesalers that can market their
products. They need only identify the wholesalers who will be
carrying their products.

EXISTING LAW:
There is no current statute specifically addressing this
issue. Existing sections of the Alcoholic Beverage Control Law, with
respect to brand label registration and price posting, provide
limited means to track whether alcoholic beverages are being
distributed by authorized wholesalers.

PRIOR LEGISLATIVE HISTORY:
Similar intent to A.9815/S.6691 of 2009-2010.

FISCAL IMPLICATIONS:


Increased revenue from the collection of excise
taxes.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law.

2011-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

S. 4499                             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.

2011-S4499A (ACTIVE) - Details

See Assembly Version of this Bill:: A6884
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §101-c, ABC L

2011-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.

2011-S4499A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4499A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the shipment
of alcoholic beverages into the state

PURPOSE:
This bill would amend the Alcoholic Beverage Control Law to
insure that alcoholic beverages distributed in this state pass
through those authorized to sell the product. This will protect
against counterfeit goods and would serve as an enforcement tool in
the collection of state excise taxes. This would be accomplished by
adding a new "primary source" statute defining those entities
manufacturing, importing or distributing at wholesale, the product in
this state.

SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new section 101-c to the Alcoholic
Beverage Control Law. The subdivisions of this new section would
provide as follows:
Subdivision 1 defines the term "primary source of supply".

Subdivision 2 requires the "primary source of supply" to submit
documentation to the Authority which identifies the particular
product, the licensed wholesalers in this state authorized to sell

the product at wholesale, and the entities responsible for complying
with the state's brand label registration and price posting laws with
respect to the product.

Subdivision 3 requires that the form containing the documentation
provided for in subdivision 2 must be filed, with certain exceptions,
at least 30 days before the product is shipped into, or sold in this
state.

Subdivision 4 requires that the form containing the documentation must
be amended when certain changes are made to the information that has
already been submitted.

Subdivision 5 requires the forms be submitted electronically to the
Authority and be available on-line.

Subdivision 6 exempts those selling privately held wine and liquor,
alcohol at auction, alcohol sold under a liquidation permit and
out-of-state wineries shipping directing to consumers from compliance
with the provisions of the new section.
Subdivision 7 advises licensed wholesalers that they cannot sell an
alcoholic beverage unless they purchase alcohol from the primary
source of supply.

Subdivision 8 advised licensed retailers that they cannot buy an
alcoholic beverage unless it is purchased from a wholesaler who is
listed an authorized distributor in the form submitted by the primary
source of supply.


Subdivision 9 imposes limited record keeping requirements on the
primary source of supply with respect to the licensees in this state
who purchased alcoholic beverages from the primary source of supply.

Subdivision 10 gives rule making power to the Authority to assist in
the administration of this section.

Section 2 of the bill would make the new section effective 180 days
signature.

JUSTIFICATION:
There are quantities of alcoholic beverages being
imported into, or sold in this state. These products are either
counterfeit versions of the genuine alcoholic beverage produced by
the manufacturer, or the genuine product that has been obtained by a
wholesaler from a person who was not authorized to distribute the
product.

Both scenarios are a cause of concern. With respect to counterfeit
products, there is no assurance that the alcoholic beverage is safe
for human consumption. The product, because of its packaging, appears
to the consumer be the genuine product. However, the consumer will
have no idea that the product may be something of lesser quality or,
more importantly, something that may pose a serious, immediate health
risk to the consumer.

With respect to genuine products distributed by unauthorized
wholesalers, such activity undermines the "three tier system" in
place in this state. Sale of alcoholic beverages by such wholesalers
can result in unpaid excise taxes and a disruption in the orderly
distribution of alcoholic beverages, one of the stated purposes of
the Alcoholic Beverage Control Law.

Initially, those unfamiliar with the "primary source of supply"
concept may be concerned that it is an attempt to require
manufactures to have franchise agreements with wholesalers, thus
restricting the number of wholesalers who can sell the product. The
proposed statute specifically states that manufacturers are not
required to limit the number of wholesalers that can market their
products. They need only identify the wholesalers who will be
carrying their products.

LEGISLATIVE HISTORY:
There is no current statute specifically
addressing this issue.
Existing sections of the Alcoholic Beverage Control Law, with respect
to brand label registration and price posting, provide limited means
to track whether alcoholic beverages are being distributed by
authorized wholesalers.

FISCAL IMPLICATIONS:
Increased revenue from the collection of excise
taxes.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law.

2011-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

                      [ ] is old law to be omitted.
                                                           LBD10362-02-1

S. 4499--A                          2

  (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;
  (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)  IF  APPLICABLE CONFIRMATION OF COMPLIANCE WITH APPLICABLE FEDERAL
AND/OR STATE LABELING REQUIREMENTS, SUCH AS ALCOHOL AND TOBACCO TAX  AND
TRADE  BUREAU  (TTB)  IDENTIFICATION  NUMBER FOR THE BRAND LABEL AND NEW
YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS LABORATORY ANALYSIS.
  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.  THE  AUTHORITY  SHALL SPECIFY THE ELECTRONIC FORMAT AND FORMS. THE
AUTHORITY SHALL MAKE SUCH FILING AVAILABLE TO THE PUBLIC ON-LINE.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  PRIVATELY  HELD
WINE   OR   LIQUOR  BEING  SOLD  PURSUANT  TO  SECTIONS  EIGHTY-FIVE  OR
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 OR ALCOHOL SOLD PURSUANT TO A PERMIT UNDER SUBDIVISION F OF
SECTION NINETY-NINE-B OF THIS CHAPTER.
  7. NO LICENSED WHOLESALER  SHALL  SELL  AN  ALCOHOLIC  BEVERAGE  TO  A
RETAILER  UNLESS  SUCH  WHOLESALER  HAS PURCHASED THE ALCOHOLIC BEVERAGE
FROM THE PRIMARY SOURCE OF SUPPLY, EXCEPT AS OTHERWISE PROVIDED BY LAW.
  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.

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Senate Bill S4499

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Jun 7, 2011 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Jun 7, 2011

Bill Amendments

2011-S4499 - Details

2011-S4499 - Summary

2011-S4499 - Sponsor Memo

2011-S4499 - Bill Text download pdf

2011-S4499A (ACTIVE) - Details

2011-S4499A (ACTIVE) - Summary

2011-S4499A (ACTIVE) - Sponsor Memo

2011-S4499A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4499

Share this bill

Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2011-S4499 - Details

2011-S4499 - Summary

2011-S4499 - Sponsor Memo

2011-S4499 - Bill Text download pdf

2011-S4499A (ACTIVE) - Details

2011-S4499A (ACTIVE) - Summary

2011-S4499A (ACTIVE) - Sponsor Memo

2011-S4499A (ACTIVE) - Bill Text download pdf

Comments