Assembly Bill A10407

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10407
 
                           I N  A S S E M B L Y
 
                              April 19, 2018
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing  the  offering  by  wholesalers  of  quantity discounts on
   different sized bottles of the same type of liquor or wine
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 3 of section 101-b of the
 alcoholic beverage control law, as amended by section 1  of  part  E  of
 chapter 56 of the laws of 2006, is amended to read as follows:
   (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a
 retailer unless a schedule, as provided by this section, is  transmitted
 to  and  received  by  the liquor authority, and is then in effect. Such
 schedule shall be transmitted to the authority  in  such  form,  manner,
 medium  and  format  as  the  authority may direct; shall be deemed duly
 verified by the person submitting such schedule upon its transmission to
 the authority; and shall contain, with respect to each item,  the  exact
 brand  or  trade  name, capacity of package, nature of contents, age and
 proof where stated on the label, the number of bottles contained in each
 case, the bottle and case price to retailers, the net  bottle  and  case
 price paid by the seller, which prices, in each instance, shall be indi-
 vidual  for  each item and not in "combination" with any other item, the
 discounts for quantity, if any, and the discounts for time  of  payment,
 if  any.   PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF OFFERING QUANTITY
 DISCOUNTS OF TWO CASES OR MORE TO RETAILERS, DIFFERENT  PRODUCTS  AND/OR
 DIFFERENT  SIZED BOTTLES WITH THE SAME BRAND OR TRADE NAME, AND THE SAME
 CLASS AND TYPE THAT ARE PRICE SCHEDULED BY ONE BRAND OWNER,  OR  BY  THE
 LICENSED  WHOLESALE AGENT FOR ONE BRAND OWNER, IF THE BRAND OWNER IS NOT
 LICENSED BY THE AUTHORITY, OR WITH THE APPROVAL OF THE AUTHORITY,  BY  A
 WHOLESALER, MAY BE COMBINED. FOR THE PURPOSE OF THIS PARAGRAPH, A "CLASS
 AND  TYPE  OF A BRAND OR TRADE NAME DISTILLED SPIRIT" SHALL ALSO INCLUDE
 THE FLAVORED PRODUCT COMPOSED OF THAT SAME CLASS AND TYPE  OF  DISTILLED
 SPIRIT.  FOR THE PURPOSES OF THIS PARAGRAPH, "BRAND OR TRADE NAME" SHALL
 MEAN THE NAME UNDER WHICH A PRODUCT IS COMMONLY MARKETED AND SOLD TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13720-01-7

 A. 10407                            2
 
 GENERAL PUBLIC, BUT SHALL NOT INCLUDE A BRANDED PRODUCT MARKETED UNDER A
 FANCIFUL NAME WHICH FANCIFUL NAME, IN ADDITION TO OR IN PART, IS IN LIEU
 OF, THE BRAND OR TRADE NAME. PRODUCTS  FROM  THE  SAME  MANUFACTURER  OR
 SUPPLIER  SHALL  NOT  BE  COMBINED  FOR THE PURPOSE OF OFFERING QUANTITY
 DISCOUNTS UNLESS SUCH PRODUCTS OF THE SAME CLASS AND TYPE  ARE  MARKETED
 AND  SOLD  UNDER THE SAME BRAND OR TRADE NAME, AND SHALL NOT BE COMBINED
 WITH PRODUCTS OF ANOTHER MANUFACTURER OR SUPPLIER. Such brand of  liquor
 or wine shall not be sold to retailers except at the price and discounts
 then  in  effect  unless  prior  written  permission of the authority is
 granted for good cause shown and for reasons not inconsistent  with  the
 purpose  of  this  chapter.  Such  schedule shall be transmitted by each
 manufacturer selling such brand to  retailers  and  by  each  wholesaler
 selling such brand to retailers.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.