senate Bill S3881

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2020 print number 3881c
Feb 11, 2020 amend and recommit to investigations and government operations
Jan 08, 2020 referred to investigations and government operations
Jun 07, 2019 print number 3881b
Jun 07, 2019 amend and recommit to investigations and government operations
Apr 25, 2019 print number 3881a
Apr 25, 2019 amend and recommit to investigations and government operations
Feb 20, 2019 referred to investigations and government operations

S3881 - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
S703

S3881 - 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.

S3881 - Sponsor Memo

S3881 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3881

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- 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
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01255-02-9

Co-Sponsors

S3881A - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
S703

S3881A - 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.

S3881A - Sponsor Memo

S3881A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3881--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  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, 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.
  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

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

Co-Sponsors

S3881B - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
S703

S3881B - 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.

S3881B - Sponsor Memo

S3881B - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3881--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced  by Sens. KAPLAN, GAUGHRAN -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government  Operations  --  committee  discharged,  bill amended,
  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
PRODUCTION, OR (III) IS CONTAINED IN ITS ORIGINAL CERAMIC, LEAD, CRYSTAL
OR SIMILAR COLLECTIBLE SPECIALTY CONTAINER  WHICH  IS  NO  LONGER  BEING

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

Co-Sponsors

S3881C (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:
S703

S3881C (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.

S3881C (ACTIVE) - Sponsor Memo

S3881C (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3881--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced  by  Sens. KAPLAN, GAUGHRAN, THOMAS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations  and  Government  Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Investigations and Government  Operations  in  accordance
  with  Senate  Rule  6,  sec.  8 -- 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-
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

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

 

Related Recent Legislation