NY State Senate Bill 2017-S5330

Archive: Last Bill Status - In Senate Committee Finance 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
Mar 13, 2018	reported and committed to finance
Jan 03, 2018	referred to commerce, economic development and small business
May 09, 2017	reported and committed to finance
Mar 21, 2017	referred to commerce, economic development and small business

Votes

- Mar 13, 2018 - Commerce, Economic Development And Small Business Committee Vote
  S5330
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Mar 13, 2018
      
      aye (8)
      
      Bailey
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Kennedy
      
      Robach
      
      aye wr (3)
      
      Griffo
      
      Persaud
      
      Sanders Jr.
  May 9, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S5330
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 9, 2017
      
      aye (9)
      
      Bailey
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Kennedy
      
      Robach
      
      Sanders Jr.
      
      aye wr (2)
      
      Griffo
      
      Persaud

co-Sponsors

2017-S5330 (ACTIVE) - Details

See Assembly Version of this Bill:: A5991
Current Committee:: Senate Finance
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §79-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A494
2021-2022: A895

2017-S5330 (ACTIVE) - Summary

Relates to reciprocal wine shipping privileges.

2017-S5330 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5330

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
reciprocal wine shipping privileges

 PURPOSE :

To enable out-of-state holders of a license to sell wine for off
premise consumption, who obtain an out-of-state direct shipper's
license, to ship wine to New York residents, provided that the state
in which such license holder is licensed affords reciprocal shipping
privileges to New York State retail licensees.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 1 of section 79-c of the alcoholic
beverage control law to provide that any holder of a retail license to
sell wine for off premise consumption in any other state, who obtains
an out-of-state direct shipper's license, may ship no more than
thirty-six cases of wine sold by such license holder per year directly
to a New York resident 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 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 New York as a retail licensee and, provided
further, that the state in which such retail premises is located
affords to New York retail licensees reciprocal shipping privileges,
meaning shipping privileges that are substantially similar to the
requirements in this section.

Section two amends subdivision 2 of section 79-c of the alcoholic
beverage control law to provide that before sending any shipment to a
New York resident, the out-of-state shipper shall first obtain a
license from the state liquor authority.

Section three amends paragraph (a) of subdivision 3 of section 79-c of
the alcoholic beverage control law to provide that the holder of an
out-of-state direct shipper's license shall: (a) ship no more than
thirty-six cases (no more than nine liters each case) per year of wine
sold by such license holder directly to a New York resident who is at
least twenty-one years of age, for such resident's personal use and
not for resale.

Section four provides the effective date.

 JUSTIFICATION :

In recent years, New York amended its system of requiring that all
wine for sale must first move through in-state wholesalers, so as to
allow direct interstate shipping of wine produced by wineries. In
order to better serve consumer demand, as well as assist New York
based retailers of wines, the system should be further amended so as
to allow New York consumers to have wine shipped directly to them.
This legislation would allow New York residents to purchase wine from
out-of-state retailers in states that afford reciprocal shipping
privileges to New York licensees.

New York State wine retailers benefit when they are able to legally
ship wine directly to out-of-state consumers who are accustomed to
looking for goods on the internet that they are unable to find
locally. If New York were to embrace free trade in wine, other states
would be encouraged to begin allowing shipments to their consumers
from retailers in New York, as well as from other states.
Furthermore, this bill addresses concerns highlighted in a 2015 veto
message that the alcoholic beverage control law should be amended to
reflect modern-day business practices, specifically with regards to
e-commerce and the desire to see proposed recommendations for legal
interstate sales of alcohol.

Ultimately, allowing direct shipments from out-of-state retailers who
are licensed in the same manner as out-of-state wineries will not only
provide New York consumers with access to thousands of products not
available in our state, but will also provide millions of dollars in
tax revenue to New York. It will also lesson the enforcement costs and
time burdens experienced by the New York State Liquor Authority in
their efforts to stop consumers from ordering wine from unlicensed
out-of-state sources.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Increase in tax revenue to the State.

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

2017-S5330 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5330
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 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

 S. 5330                             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.

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Senate Bill S5330

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Mar 13, 2018 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: Mar 13, 2018

May 9, 2017 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: May 9, 2017

co-Sponsors

2017-S5330 (ACTIVE) - Details

2017-S5330 (ACTIVE) - Summary

2017-S5330 (ACTIVE) - Sponsor Memo

2017-S5330 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5330

Share this bill

Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

John A. DeFrancisco

2017-S5330 (ACTIVE) - Details

2017-S5330 (ACTIVE) - Summary

2017-S5330 (ACTIVE) - Sponsor Memo

2017-S5330 (ACTIVE) - Bill Text download pdf

Comments