S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8242
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced  by M. of A. BARRETT, SCHIMMINGER -- (at request of the State
   Liquor Authority) -- read  once  and  referred  to  the  Committee  on
   Economic Development
 
 AN ACT to amend the alcoholic beverage control law, in relation to elec-
   tronic filing and expanding brand label registrations from one year to
   three years

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs 1 and 2 of paragraph a of  subdivision  4  of
 section 107-a of the alcoholic beverage control law, as amended by chap-
 ter 354 of the laws of 2013, are amended to read as follows:
   (1)  The  application  for registration of a brand or trade name label
 shall be filed by certified mail return  receipt  requested,  registered
 mail  return  receipt  requested,  [or]  overnight delivery service with
 proof of mailing, OR VIA ELECTRONIC FILING, on a form prescribed by  the
 authority,  and  shall  contain  such information as the authority shall
 require. Such application shall be accompanied by  the  appropriate  fee
 prescribed  by  paragraph (b) of this subdivision AND MAY ALSO REQUIRE A
 PROCESSING FEE OF NO MORE THAN TEN DOLLARS PAID TO EITHER THE  AUTHORITY
 OR A THIRD PARTY PROVIDER.
   (2)  Provided,  however,  where  a  brand or trade name label has been
 approved by the Alcohol and Tobacco Tax and Trade Bureau of  the  United
 States  Department  of  Treasury,  it  shall  be  deemed  registered and
 approved by the authority if:
   (i) the applicant submits on a form prescribed by  the  authority,  by
 certified  mail return receipt requested, registered mail return receipt
 requested, or overnight delivery service with proof of mailing,  OR  VIA
 ELECTRONIC FILING, a true copy of the brand or trade name label approval
 issued  by  the  Alcohol  and Tobacco Tax and Trade Bureau of the United
 States Department of Treasury along with the appropriate fee  as  estab-
 lished in paragraph (b) of this subdivision; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10061-01-7

 A. 8242                             2
 
   (ii)  the  authority does not deny such application within thirty days
 after receipt.
   §  2. Paragraph (b) of subdivision 4 of section 107-a of the alcoholic
 beverage control law, as amended by chapter 354 of the laws of 2013,  is
 amended to read as follows:
   (b)  The  annual fee for registration of any brand or trade name label
 for liquor shall be two hundred fifty dollars; the annual fee for regis-
 tration of any brand or trade name label for beer or cider shall be  one
 hundred  fifty  dollars; the annual fee for registration of any brand or
 trade name label for wine or wine products shall be fifty dollars.  Such
 fee shall be in the form of a check or draft. No annual fee  for  regis-
 tration  of  any brand or trade name label for wine shall be required if
 it has been approved by the Alcohol and Tobacco Tax and Trade Bureau  of
 the United States Department of Treasury pursuant to this section.
   Each  brand or trade name label registration approved pursuant to this
 section shall be valid for a term of [one year] THREE YEARS as set forth
 by the authority and which shall  be  pro-rated  for  partial  years  as
 applicable.
   Each  brand or trade name label registration approved pursuant to this
 section shall be valid only for the licensee to whom  issued  and  shall
 not be transferable.
   § 3. This act shall take effect immediately.