Senate Bill S4383

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

                                  4383

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

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, AND TO IMPLEMENT SECTIONS ONE HUNDRED ONE-B, ONE HUNDRED THREE,
ONE HUNDRED FOUR AND ONE HUNDRED SEVEN-A OF THIS ARTICLE, IF APPLICABLE,
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.
                                                           LBD08023-01-5

              

S. 4383                             2

  (C) IF APPLICABLE, 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 PARAGRAPH  F  OF
SUBDIVISION ONE 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.