Assembly Bill A5756D

2019-2020 Legislative Session

Requires that all wine and liquor sold in the state be received from a primary American source of supply

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A5756 - Details

See Senate Version of this Bill:
S3881
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A901, S703

2019-A5756 - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5756
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 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
   establishing  a  primary American source of supply for liquor and wine
   sold in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  35  of section 3 of the alcoholic beverage
 control law is amended, and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A. "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER  OF
 LIQUOR  OR  WINE  OR  ITS  EXCLUSIVE  AGENT IN THE UNITED STATES IF SUCH
 LIQUOR OR WINE CAN BE SECURED DIRECTLY  FROM  THE  MANUFACTURER  OR  ITS
 EXCLUSIVE  AGENT  BY  A  WHOLESALER  IN THE UNITED STATES; OR (B) IF THE
 LIQUOR OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR  ITS
 EXCLUSIVE  AGENT,  THE SOURCE CLOSEST TO SUCH MANUFACTURER IN THE UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B. "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I)  WAS
 PURCHASED  AT RETAIL OR AUCTION, (II) WAS OWNED BY A NON-LICENSED PERSON
 FOR AT LEAST TWO YEARS WITH PROOF OF PURCHASE, AND (III)  IS  NOT  PRICE
 POSTED  IN NEW YORK AT THE TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS
 EITHER (I) NOT PRICE POSTED IN NEW YORK AT THE TIME OF SALE, (II) IS  NO
 LONGER  IN  PRODUCTION,  OR  (III) IS CONTAINED IN ITS ORIGINAL CERAMIC,
 LEAD, CRYSTAL OR SIMILAR COLLECTIBLE SPECIALTY  CONTAINER  WHICH  IS  NO
 LONGER BEING OFFERED FOR SALE.
   35.  "Wholesaler" means any person who sells at wholesale any beverage
 for the sale of which a license is required under the provisions of this
 chapter. AN "AUTHORIZED WHOLESALER" IS  A  WHOLESALER  AUTHORIZED  BY  A
 PRIMARY AMERICAN SOURCE OF SUPPLY TO CARRY A SPECIFIC BRAND OF LIQUOR OR
 WINE IN THIS STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A5756A - Details

See Senate Version of this Bill:
S3881
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A901, S703

2019-A5756A - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER, D'URSO, ARROYO -- Multi-Sponsored by --
   M. of A. WALSH -- read once and referred to the Committee on  Economic
   Development  --  committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing  a  primary American source of supply for liquor and wine
   sold in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  35  of section 3 of the alcoholic beverage
 control law is amended, and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A. "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER  OF
 LIQUOR  OR  WINE  OR  ITS  EXCLUSIVE  AGENT IN THE UNITED STATES IF SUCH
 LIQUOR OR WINE CAN BE SECURED DIRECTLY  FROM  THE  MANUFACTURER  OR  ITS
 EXCLUSIVE  AGENT  BY  A  WHOLESALER  IN THE UNITED STATES; OR (B) IF THE
 LIQUOR OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR  ITS
 EXCLUSIVE  AGENT,  THE SOURCE CLOSEST TO SUCH MANUFACTURER IN THE UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B. "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I)  WAS
 PURCHASED  AT  RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE TEN YEARS
 OLD AT THE TIME OF SALE, OR (III) IS NOT PRICE POSTED IN NEW YORK AT THE
 TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS EITHER (I) NOT PRICE POST-
 ED IN NEW YORK AT THE TIME OF SALE, (II) IS NO LONGER IN PRODUCTION,  OR
 (III)  IS  CONTAINED  IN  ITS ORIGINAL CERAMIC, LEAD, CRYSTAL OR SIMILAR
 COLLECTIBLE SPECIALTY CONTAINER WHICH IS NO  LONGER  BEING  OFFERED  FOR
 SALE.
   35.  "Wholesaler" means any person who sells at wholesale any beverage
 for the sale of which a license is required under the provisions of this
 chapter. AN "AUTHORIZED WHOLESALER" IS  A  WHOLESALER  AUTHORIZED  BY  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A5756B - Details

See Senate Version of this Bill:
S3881
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A901, S703

2019-A5756B - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of A. WOERNER, D'URSO, ARROYO, LAVINE -- Multi-Spon-
   sored by -- M. of A. WALSH -- read once and referred to the  Committee
   on Economic Development -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   establishing a primary American source of supply for liquor  and  wine
   sold in this state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 35 of section 3  of  the  alcoholic  beverage
 control law is amended, and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A.  "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER OF
 LIQUOR OR WINE OR ITS EXCLUSIVE AGENT  IN  THE  UNITED  STATES  IF  SUCH
 LIQUOR  OR  WINE  CAN  BE  SECURED DIRECTLY FROM THE MANUFACTURER OR ITS
 EXCLUSIVE AGENT BY A WHOLESALER IN THE UNITED  STATES;  OR  (B)  IF  THE
 LIQUOR  OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR ITS
 EXCLUSIVE AGENT, THE SOURCE CLOSEST TO SUCH MANUFACTURER IN  THE  UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B.  "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I) WAS
 PURCHASED AT RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE  TEN  YEARS
 OLD  AT  THE  TIME OF SALE, AND (III) WAS OWNED BY A NON-LICENSED PERSON
 WITH PROOF OF PURCHASE, OR (IV) IS NOT PRICE POSTED IN NEW YORK  AT  THE
 TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS EITHER (I) NOT PRICE POST-
 ED  IN NEW YORK AT THE TIME OF SALE, (II) IS NO LONGER IN PRODUCTION, OR
 (III) IS CONTAINED IN ITS ORIGINAL CERAMIC,  LEAD,  CRYSTAL  OR  SIMILAR
 COLLECTIBLE  SPECIALTY  CONTAINER  WHICH  IS NO LONGER BEING OFFERED FOR
 SALE, OR (IV) WAS BOTTLED TEN YEARS PRIOR TO THE DATE OF SALE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A5756C - Details

See Senate Version of this Bill:
S3881
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A901, S703

2019-A5756C - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M. of A. WOERNER, D'URSO, ARROYO, LAVINE, BUTTENSCHON --
   Multi-Sponsored by -- M. of A. WALSH -- read once and referred to  the
   Committee  on  Economic  Development  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   establishing a primary American source of supply for liquor  and  wine
   sold in this state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 35 of section 3  of  the  alcoholic  beverage
 control  law is amended and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A. "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER  OF
 LIQUOR  OR  WINE  OR  ITS  EXCLUSIVE  AGENT IN THE UNITED STATES IF SUCH
 LIQUOR OR WINE CAN BE SECURED DIRECTLY  FROM  THE  MANUFACTURER  OR  ITS
 EXCLUSIVE  AGENT  BY  A  WHOLESALER  IN THE UNITED STATES; OR (B) IF THE
 LIQUOR OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR  ITS
 EXCLUSIVE  AGENT,  THE SOURCE CLOSEST TO SUCH MANUFACTURER IN THE UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B. "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I)  WAS
 PURCHASED  AT  RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE TEN YEARS
 OLD AT THE TIME OF SALE, OR IF SPARKLING WINE, IS A MINIMUM  VINTAGE  OF
 FIFTEEN  YEARS OLD AT THE TIME OF SALE, AND (III) WAS OWNED BY A NON-LI-
 CENSED PERSON WITH PROOF OF PURCHASE, OR (IV) IS NOT PRICE POSTED IN NEW
 YORK AT THE TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS EITHER (I) NOT
 PRICE POSTED IN NEW YORK AT THE TIME OF  SALE,  (II)  IS  NO  LONGER  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A5756D (ACTIVE) - Details

See Senate Version of this Bill:
S3881
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A901, S703

2019-A5756D (ACTIVE) - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--D
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. WOERNER, D'URSO, ARROYO, LAVINE, BUTTENSCHON,
   GRIFFIN -- Multi-Sponsored by -- M. of  A.  WALSH  --  read  once  and
   referred  to  the  Committee  on  Economic  Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments,  ordered reprinted as amended and recommitted to said committee
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to said committee -- recommitted to the Committee on
   Economic Development in accordance with Assembly Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing  a  primary American source of supply for liquor and wine
   sold in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  35  of section 3 of the alcoholic beverage
 control law is amended and three new subdivisions 23-a,  23-b  and  23-c
 are added to read as follows:
   23-A.  "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER OF
 LIQUOR OR WINE OR ITS EXCLUSIVE AGENT  IN  THE  UNITED  STATES  IF  SUCH
 LIQUOR  OR  WINE  CAN  BE  SECURED DIRECTLY FROM THE MANUFACTURER OR ITS
 EXCLUSIVE AGENT BY A WHOLESALER IN THE UNITED  STATES;  OR  (B)  IF  THE
 LIQUOR  OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR ITS
 EXCLUSIVE AGENT, THE SOURCE CLOSEST TO SUCH MANUFACTURER IN  THE  UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B.  "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I) WAS
 PURCHASED AT RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE  TEN  YEARS
 OLD  AT  THE TIME OF SALE, OR IF SPARKLING WINE, IS A MINIMUM VINTAGE OF
 FIFTEEN YEARS OLD AT THE TIME OF SALE, AND (III) WAS OWNED BY A  NON-LI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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