S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5991
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  D'URSO,  LUPARDO, GOTTFRIED, QUART,
   ZEBROWSKI, GRAF, LUPINACCI, McDONOUGH, MONTESANO, RAIA --  Multi-Spon-
   sored  by -- M. of A.  M. L. MILLER, ORTIZ, THIELE, WALSH -- read once
   and referred to the Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   reciprocal wine shipping privileges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 79-c  of  the  alcoholic  beverage
 control  law,  as amended by chapter 184 of the laws of 2005, is amended
 to read as follows:
   1. Authorization.  Notwithstanding any provision of law, rule or regu-
 lation to the contrary, any holder of a license to manufacture  wine  OR
 ANY  HOLDER  OF  A RETAIL LICENSE TO SELL WINE FOR OFF-PREMISES CONSUMP-
 TION, in any other state who obtains an  out-of-state  direct  shipper's
 license,  as  provided in this section, may ship no more than thirty-six
 cases (no more than nine liters each case) of wine produced OR  SOLD  by
 such  license  holder per year directly to a resident of New York who is
 at least twenty-one years of age, for such resident's personal  use  and
 not  for  resale, provided the state in which such person is so licensed
 affords lawful means for shipments of wine to be received by a  resident
 thereof  who  is  at  least twenty-one years of age, for such resident's
 personal use and not for resale, from a person licensed in this state as
 a manufacturer OR RETAIL LICENSEE and, provided further, that the  state
 in  which such out-of-state winery OR RETAIL PREMISES is located affords
 to New York state winery and farm winery licensees  OR  NEW  YORK  STATE
 RETAIL LICENSEES reciprocal shipping privileges, meaning shipping privi-
 leges  that  are  substantially  similar  to  the  requirements  in this
 section. No person shall place an order for shipment of wine unless they
 are twenty-one years of age or older. Any common carrier with  a  permit
 issued  pursuant  to  this  chapter  to whom such out-of-state shipper's
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08579-04-7

 A. 5991                             2
 
 license is  presented  is  authorized  to  make  delivery  of  shipments
 provided for hereunder in this state in compliance with this section.
   §  2.  Subdivision 2 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:
   2.  License.  Before  sending  any shipment hereunder to a resident in
 this state, the out-of-state shipper shall first obtain a  license  from
 the  authority  under  procedures prescribed by rules and regulations of
 the authority and after providing the authority with a true copy of  its
 current  license  to  manufacture  wine OR ITS CURRENT RETAIL LICENSE TO
 SELL WINE FOR OFF-PREMISES CONSUMPTION in the applicant's state of domi-
 cile along with a copy of the applicant's  federal  basic  permit  after
 payment  of  an  annual fee of one hundred twenty-five dollars. Notwith-
 standing the provisions of section one hundred ten of this chapter,  the
 authority in its discretion, may excuse an out-of-state winery OR RETAIL
 LICENSEE from the submission of such information.
   §  3.  Paragraph (a) of 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:
   (a)  ship no more than thirty-six cases (no more than nine liters each
 case) per year of wine produced OR SOLD 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;
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.