S T A T E   O F   N E W   Y O R K
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                                   7609
 
                             I N  S E N A T E
 
                             January 30, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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

 S. 7609                             2
 
 MEAN THE NAME UNDER WHICH A PRODUCT IS COMMONLY MARKETED AND SOLD TO THE
 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.