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

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Sponsored By

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

2019-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

2019-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.

2019-S3881 - Sponsor Memo

2019-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

2019-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

2019-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.

2019-S3881A - Sponsor Memo

2019-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

2019-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

2019-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.

2019-S3881B - Sponsor Memo

2019-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

2019-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

2019-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.

2019-S3881C (ACTIVE) - Sponsor Memo

2019-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.
              

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