Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to economic development |
Apr 13, 2023 |
print number 3132a |
Apr 13, 2023 |
amend and recommit to economic development |
Feb 02, 2023 |
referred to economic development |
Assembly Bill A3132
2023-2024 Legislative Session
Authorizes the direct intrastate and interstate shipment of alcoholic beverages
download bill text pdfSponsored By
LUPARDO
Current 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
Actions
Bill Amendments
co-Sponsors
Fred Thiele
Steve Stern
Scott H. Bendett
Brian Manktelow
Didi Barrett
Marianne Buttenschon
Jen Lunsford
Angelo Santabarbara
William Magnarelli
Steven Otis
Stefani Zinerman
Michael Durso
Philip Palmesano
Brian Maher
Karl Brabenec
Robert Smullen
Matthew Simpson
Edward Flood
Jo Anne Simon
Sarah Clark
Patricia Fahy
Maritza Davila
multi-Sponsors
Dana Levenberg
2023-A3132 - Details
- Current Committee:
- Assembly Economic Development
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Add §§68, 69, 59-b, 59-c, 35 & 36, amd §§79-c, 79-d & 107-a, ABC L
- Versions Introduced in 2021-2022 Legislative Session:
-
A10573
2023-A3132 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3132 2023-2024 Regular Sessions I N A S S E M B L Y February 2, 2023 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to authorizing the direct intrastate and interstate shipment of liquor, cider, mead, and braggot and relates to direct shipments of wine THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 3 of section 107-a of the alcoholic beverage control law, as amended by chapter 354 of the laws of 2013, is amended to read as follows: No alcoholic beverage shall be offered or advertised for sale in this state, INCLUDING DIRECT INTERSTATE SHIPMENTS UNDER THIS CHAPTER, unless: § 2. The alcoholic beverage control law is amended by adding two new sections 68 and 69 to read as follows: § 68. DIRECT INTERSTATE LIQUOR SHIPMENTS. 1. AUTHORIZATION. NOTWITH- STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY HOLDER OF A LICENSE TO MANUFACTURE LIQUOR 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 LIQUOR PRODUCED 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 SHIP- MENTS OF LIQUOR 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 AND, PROVIDED FURTHER, THAT THE STATE IN WHICH SUCH OUT-OF-STATE DISTILLERY IS LOCATED AFFORDS TO NEW YORK STATE LICENSED MANUFACTURERS WITH THE PRIVILEGE OF PRODUCING LIQUOR RECIPROCAL SHIPPING PRIVILEGES, MEANING SHIPPING PRIVILEGES THAT ARE SUBSTANTIALLY SIMILAR TO THE REQUIREMENTS IN THIS SECTION. NO PERSON SHALL PLACE AN ORDER FOR SHIPMENT OF LIQUOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06487-02-3
A. 3132 2 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 LICENSE IS PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIP- MENTS PROVIDED FOR HEREUNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION. 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 LIQUOR 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 DISTILLERY FROM THE SUBMISSION OF SUCH INFORMATION. 3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH CASE) PER YEAR OF LIQUOR PRODUCED 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-FIVE, FIFTY-NINE-B, AND SEVENTY-NINE-C OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP LIQUOR DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT, SHOWING THE TOTAL AMOUNT OF LIQUOR SHIPPED INTO THE STATE EACH CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE LIQUOR WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE LIQUOR, AND THE QUANTITY AND VALUE OF EACH SHIPMENT; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF LIQUOR TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE LIQUOR BEING PURCHASED WILL NOT BE RESOLD OR INTRO- DUCED INTO COMMERCE; (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH; (G) SHALL FILE RETURNS WITH AND PAY TO THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES DUE ON SALES INTO THIS STATE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE TAX LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH A. 3132 3 TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS AT THE LOCATION WHERE DELIVERY IS MADE; (H) SHALL KEEP ALL RECORDS REQUIRED BY THIS SECTION FOR THREE YEARS AND PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHOR- ITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (I) SHALL PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST; (J) SHALL EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS STATE, ITS AGENCIES AND INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERN- ING ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGU- LATIONS, INCLUDING TAX LAWS, RULES OR REGULATIONS; AND (K) SHALL PRIOR TO OBTAINING AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, OBTAIN A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE TAX LAW. 4. SITUS. DELIVERY OF A SHIPMENT IN THIS STATE BY THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED TO CONSTITUTE A SALE IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF SUCH LAW. 5. RENEWAL. THE OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE WITH THE AUTHORITY BY PAYING A ONE HUNDRED TWENTY-FIVE DOLLAR RENEWAL FEE, PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY COMPLYING WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY. 6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION INCLUDING THE REQUIREMENTS IMPOSED ON THE COMMON CARRIER, BY ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE AN OUT-OF-STATE SHIP- PER'S LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY RULES OR REGULATIONS PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF TREASURY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE FEDERAL BASIC PERMIT. 8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 69. DIRECT INTRASTATE LIQUOR SHIPMENTS. ANY PERSON HAVING APPLIED FOR AND RECEIVED A LICENSE UNDER SECTION SIXTY-ONE OF THIS ARTICLE MAY SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF LIQUOR PRODUCED BY SUCH LICENSEE PER YEAR DIRECTLY TO A NEW YORK STATE RESIDENT WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR SUCH RESI- DENT'S PERSONAL USE AND NOT FOR RESALE. 1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) PER YEAR OF LIQUOR PRODUCED 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; A. 3132 4 (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-SIX, FIFTY-NINE-C, AND SEVENTY-NINE-D OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP LIQUOR DIRECTLY TO A NEW YORK STATE RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT SHOWING THE TOTAL AMOUNT OF LIQUOR SHIPPED IN THE STATE EACH CALENDAR YEAR, THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE LIQUOR WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE LIQUOR, AND THE QUANTITY AND VALUE OF EACH SHIPMENT. SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF LIQUOR TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE LIQUOR BEING PURCHASED WILL NOT BE RESOLD OR INTRO- DUCED INTO COMMERCE; AND (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. 2. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 3. The alcoholic beverage control law is amended by adding two new sections 59-b and 59-c to read as follows: § 59-B. DIRECT INTERSTATE CIDER SHIPMENTS. 1. AUTHORIZATION. NOTWITH- STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY HOLDER OF A LICENSE TO MANUFACTURE CIDER 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 CIDER PRODUCED 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 CIDER 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 AND, PROVIDED FURTHER, THAT THE STATE IN WHICH SUCH OUT-OF-STATE CIDER PRODUCER IS LOCATED AFFORDS TO NEW YORK STATE LICENSED MANUFACTURERS WITH THE PRIVILEGE OF PRODUCING CIDER RECIPROCAL CIDER SHIPPING PRIVILEGES, MEANING SHIPPING PRIVILEGES THAT ARE SUBSTANTIALLY SIMILAR TO THE REQUIREMENTS IN THIS SECTION. NO PERSON SHALL PLACE AN ORDER FOR SHIPMENT OF CIDER UNLESS THEY ARE TWEN- TY-ONE YEARS OF AGE OR OLDER. ANY COMMON CARRIER WITH A PERMIT ISSUED A. 3132 5 PURSUANT TO THIS CHAPTER TO WHOM SUCH OUT-OF-STATE SHIPPER'S LICENSE IS PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIPMENTS PROVIDED FOR HERE- UNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION. 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 CIDER 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 CIDER PRODUCER FROM THE SUBMISSION OF SUCH INFORMATION. 3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH CASE) PER YEAR OF CIDER PRODUCED 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-FIVE, SIXTY-EIGHT, AND SEVENTY-NINE-C OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP CIDER DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT, SHOWING THE TOTAL AMOUNT OF CIDER SHIPPED INTO THE STATE EACH CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE CIDER WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRI- ER USED TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIP- MENT; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE CIDER BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAPTER; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH; (G) SHALL FILE RETURNS WITH AND PAY TO THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES DUE ON SALES INTO THIS STATE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE TAX LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS AT THE LOCATION WHERE DELIVERY IS MADE; A. 3132 6 (H) SHALL KEEP ALL RECORDS REQUIRED BY THIS SECTION FOR THREE YEARS AND PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHOR- ITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (I) SHALL PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST; (J) SHALL EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS STATE, ITS AGENCIES AND INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERN- ING ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGU- LATIONS, INCLUDING TAX LAWS, RULES OR REGULATIONS; AND (K) SHALL PRIOR TO OBTAINING AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, OBTAIN A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE TAX LAW. 4. SITUS. DELIVERY OF A SHIPMENT IN THIS STATE BY THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED TO CONSTITUTE A SALE IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF SUCH LAW. 5. RENEWAL. THE OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE WITH THE AUTHORITY BY PAYING A ONE HUNDRED TWENTY-FIVE DOLLAR RENEWAL FEE, PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY COMPLYING WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY. 6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION INCLUDING THE REQUIREMENTS IMPOSED ON THE COMMON CARRIER, BY ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE AN OUT-OF-STATE SHIP- PER'S LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY RULES OR REGULATIONS PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF TREASURY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE FEDERAL BASIC PERMIT. 8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 59-C. DIRECT INTRASTATE CIDER SHIPMENTS. ANY PERSON HAVING APPLIED FOR AND RECEIVED A MANUFACTURING LICENSE UNDER THIS CHAPTER WHICH INCLUDES THE PRIVILEGE OF PRODUCING CIDER MAY SHIP NO MORE THAN THIRTY- SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF CIDER PRODUCED BY SUCH MANUFACTURER PER YEAR 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. 1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS) PER YEAR OF CIDER PRODUCED 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING A. 3132 7 PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-SIX, SIXTY-NINE, AND SEVENTY-NINE-D OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP CIDER DIRECTLY TO A NEW YORK STATE RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT SHOWING THE TOTAL AMOUNT OF CIDER SHIPPED IN THE STATE EACH CALENDAR YEAR, THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE CIDER WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIPMENT. SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE CIDER BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; AND (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAPTER; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. 2. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 4. The alcoholic beverage control law is amended by adding two new sections 35 and 36 to read as follows: § 35. DIRECT INTERSTATE MEAD AND BRAGGOT SHIPMENTS. 1. AUTHORIZATION. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRA- RY, ANY HOLDER OF A LICENSE TO MANUFACTURE MEAD AND/OR BRAGGOT 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 PER CASE) OF MEAD AND/OR BRAGGOT PRODUCED 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 MEAD AND/OR BRAGGOT 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 AND, PROVIDED FURTHER, THAT THE STATE IN WHICH SUCH OUT-OF-STATE MANUFACTURER OF MEAD AND/OR BRAGGOT IS LOCATED AFFORDS TO NEW YORK STATE MANUFACTURERS OF MEAD AND/OR BRAGGOT RECIPRO- CAL SHIPPING PRIVILEGES, MEANING SHIPPING PRIVILEGES THAT ARE SUBSTAN- TIALLY SIMILAR TO THE REQUIREMENTS IN THIS SECTION. NO PERSON SHALL PLACE AN ORDER FOR SHIPMENT OF MEAD AND/OR BRAGGOT UNLESS THEY ARE TWEN- TY-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 LICENSE IS A. 3132 8 PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIPMENTS PROVIDED FOR HERE- UNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION. 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 MEAD AND/OR BRAGGOT IN THE APPLICANT'S STATE OF DOMICILE ALONG WITH A COPY OF THE APPLICANT'S FEDERAL BASIC PERMIT AND/OR BREWER'S NOTICE AFTER PAYMENT OF AN ANNUAL FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED TEN OF THIS CHAPTER, THE AUTHORITY IN ITS DISCRETION, MAY EXCUSE AN OUT-OF-STATE MANUFACTURER OF MEAD AND/OR BRAGGOT FROM THE SUBMISSION OF SUCH INFORMATION. 3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) PER YEAR OF MEAD AND/OR BRAGGOT PRODUCED BY SUCH LICENSE HOLD- ER 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS FIFTY-NINE-B, SIXTY-EIGHT, AND SEVENTY-NINE-C OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP MEAD AND/OR BRAGGOT DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUS- LY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT, SHOWING THE TOTAL AMOUNT OF MEAD AND/OR BRAGGOT SHIPPED INTO THE STATE EACH CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE MEAD AND/OR BRAGGOT WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE MEAD AND/OR BRAGGOT, AND THE QUANTITY AND VALUE OF EACH SHIPMENT; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF MEAD AND/OR BRAGGOT TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE MEAD AND/OR BRAGGOT BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH; (G) SHALL FILE RETURNS WITH AND PAY TO THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES DUE ON SALES INTO THIS STATE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE TAX LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH A. 3132 9 TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS AT THE LOCATION WHERE DELIVERY IS MADE; (H) SHALL KEEP ALL RECORDS REQUIRED BY THIS SECTION FOR THREE YEARS AND PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHOR- ITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (I) SHALL PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST; (J) SHALL EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS STATE, ITS AGENCIES AND INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERN- ING ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGU- LATIONS, INCLUDING TAX LAWS, RULES OR REGULATIONS; AND (K) SHALL PRIOR TO OBTAINING AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, OBTAIN A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE TAX LAW. 4. SITUS. DELIVERY OF A SHIPMENT IN THIS STATE BY THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED TO CONSTITUTE A SALE IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF SUCH LAW. 5. RENEWAL. THE OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE WITH THE AUTHORITY BY PAYING A ONE HUNDRED TWENTY-FIVE DOLLAR RENEWAL FEE, PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY COMPLYING WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY. 6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION INCLUDING THE REQUIREMENTS IMPOSED ON THE COMMON CARRIER, BY ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE AN OUT-OF-STATE SHIP- PER'S LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY RULES OR REGULATIONS PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF TREASURY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE FEDERAL BASIC PERMIT. 8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 36. DIRECT INTRASTATE MEAD AND BRAGGOT SHIPMENTS. ANY PERSON HAVING APPLIED FOR AND RECEIVED A MANUFACTURING LICENSE UNDER THIS CHAPTER WHICH INCLUDES THE PRIVILEGE OF PRODUCING MEAD AND/OR BRAGGOT MAY SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF MEAD AND/OR BRAGGOT PRODUCED BY SUCH MANUFACTURER PER YEAR 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. 1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) PER YEAR OF MEAD AND/OR BRAGGOT PRODUCED BY SUCH LICENSE HOLD- ER 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; A. 3132 10 (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS FIFTY-NINE-C, SIXTY-NINE, AND SEVENTY-NINE-D OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP MEAD AND/OR BRAGGOT DIRECTLY TO A NEW YORK STATE RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT SHOWING THE TOTAL AMOUNT OF MEAD AND/OR BRAGGOT SHIPPED IN THE STATE EACH CALENDAR YEAR, THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE MEAD AND/OR BRAGGOT WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE MEAD AND/OR BRAGGOT, AND THE QUANTITY AND VALUE OF EACH SHIPMENT. SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF MEAD AND/OR BRAGGOT TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE MEAD AND/OR BRAGGOT BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; AND (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. 2. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 5. Subdivision 3 of section 79-c of the alcoholic beverage control law, as amended by chapter 221 of the laws of 2011, is amended as follows: 3. Licensee's responsibilities. The holder of an out-of-state direct shipper's license [shall]: (a) SHALL ship no more than thirty-six cases (no more than nine liters each case) per year of wine produced 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; (b) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-FIVE, FIFTY-NINE-B, AND SIXTY-EIGHT OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ensure that the outside of each shipping container used to ship wine directly to a New York resident is conspicuously labeled with the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language specifically approved by the New York state liquor authority; A. 3132 11 [(c)] (D) SHALL maintain records in such manner and form as the authority may direct, showing the total amount of wine shipped into the state each calendar year; the names and addresses of the purchasers to whom the wine was shipped, the date purchased, the name of the common carrier used to deliver the wine, and the quantity and value of each shipment; [(d)] (E) SHALL in connection with the acceptance of an order for a delivery of wine to a New York resident, require the prospective custom- er to represent that he or she has attained the age of twenty-one years or more and that the wine being purchased will not be resold or intro- duced into commerce; [(e)] (F) SHALL require common carriers to: (i) require a recipient, at the delivery address, upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification authorized by section sixty-five-b of this chapter; (ii) require a recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the authority; and (iii) refuse delivery when the proposed recipient appears to be under twenty-one years of age and refuses to present valid identification as required by subparagraph (i) of this paragraph; [(f)] (G) SHALL file returns with and pay to the New York state department of taxation and finance all state and local sales taxes and excise taxes due on sales into this state in accordance with the appli- cable provisions of the tax law relating to such taxes, the amount of such taxes to be determined on the basis that each sale in this state was at the location where delivery is made; [(g)] (H) SHALL keep all records required by this section for three years and provide copies of such records, upon written request, to the authority or the department of taxation and finance; [(h)] (I) SHALL permit the authority or the department of taxation and finance to perform an audit of such out-of-state shipper upon request; [(i)] (J) SHALL execute a written consent to the jurisdiction of this state, its agencies and instrumentalities and the courts of this state concerning enforcement of this section and any related laws, rules, or regulations, including tax laws, rules or regulations; and [(j)] (K) SHALL prior to obtaining an out-of-state direct shipper's license, obtain a certificate of authority pursuant to section eleven hundred thirty-four of the tax law and a registration as a distributor pursuant to sections four hundred twenty-one and four hundred twenty-two of the tax law. § 6. Section 79-d of the alcoholic beverage control law, as amended by chapter 184 of the laws of 2005, paragraph (c) of subdivision 1 as amended by chapter 221 of the laws of 2011, is amended to read as follows: § 79-d. Direct intrastate wine shipments. Any person having applied for and received a license as a winery or farm winery under sections seventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d and seventy-six-f of this article may ship no more than thirty-six cases (no more than nine liters per case) of wine produced by such winery [for] OR farm winery per year 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. 1. Licensee's shipping responsibilities. Notwithstanding any provision to the contrary contained in this chapter, any above referred licensee [shall]: A. 3132 12 (a) SHALL in the case of a farm winery licensee or a winery licensee, ship no more than thirty-six cases (no more than nine liters) per year of wine produced 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; (b) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-SIX, FIFTY-NINE-C, AND SIXTY-NINE OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ensure that the outside of each shipping container used to ship wine directly to a New York state resident is conspicuously labeled with the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language specifically approved by the New York state liquor authority; [(c)] (D) SHALL maintain records in such manner and form as the authority may direct showing the total amount of wine shipped in the state each calendar year, the names and addresses of the purchasers to whom the wine was shipped, the date purchased, the name of the common carrier used to deliver the wine, and the quantity and value of each shipment. Such records shall be kept for three years and, upon written request, be provided to the authority or the department of taxation and finance; [(d)] (E) SHALL in connection with the acceptance of an order for a delivery of wine to a New York resident, require the prospective custom- er to represent that he or she has attained the age of twenty-one years or more and that the wine being purchased will not be resold or intro- duced into commerce; and [(e)] (F) SHALL require common carriers to: (i) require a recipient, at the delivery address, upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification authorized by section sixty-five-b of this chapter; (ii) require a recipient to sign an electronic or paper form or other acknowledgment of receipt as approved by the authority; and (iii) refuse delivery when the proposed recipient appears to be under twenty-one years of age and refuses to present valid identification as required by paragraph (a) of this subdivision. 2. Violations. In any action brought under this section, the common carrier and the licensee shall only be held liable for their independent acts. § 7. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
co-Sponsors
Fred Thiele
Steve Stern
Scott H. Bendett
Brian Manktelow
Didi Barrett
Jen Lunsford
Angelo Santabarbara
William Magnarelli
Steven Otis
Stefani Zinerman
Michael Durso
Philip Palmesano
Brian Maher
Karl Brabenec
Robert Smullen
Matthew Simpson
Edward Flood
Jo Anne Simon
Sarah Clark
Patricia Fahy
Maritza Davila
Steven Raga
Charles Lavine
Inez E. Dickens
Andrew Hevesi
John T. McDonald III
Aileen Gunther
Jessica Gonzalez-Rojas
MaryJane Shimsky
John W. McGowan
Jeff Gallahan
Kenneth Blankenbush
Stephen Hawley
Chris Tague
Joe Angelino
Joseph Giglio
Jodi Giglio
Michael Novakhov
Pamela J. Hunter
Nikki Lucas
Michael J. Norris
Sarahana Shrestha
John Zaccaro Jr.
Albert A. Stirpe
Monica P. Wallace
Scott Gray
Karen McMahon
David McDonough
multi-Sponsors
Dana Levenberg
2023-A3132A (ACTIVE) - Details
- Current Committee:
- Assembly Economic Development
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Add §§68, 69, 59-b, 59-c, 35 & 36, amd §§79-c, 79-d & 107-a, ABC L
- Versions Introduced in 2021-2022 Legislative Session:
-
A10573
2023-A3132A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3132--A 2023-2024 Regular Sessions I N A S S E M B L Y February 2, 2023 ___________ Introduced by M. of A. LUPARDO, THIELE, STERN, BENDETT, MANKTELOW, BARRETT, BUTTENSCHON, LUNSFORD, SANTABARBARA, MAGNARELLI, OTIS, ZINER- MAN, DURSO, PALMESANO, MAHER, BRABENEC, SMULLEN, SIMPSON, FLOOD, SIMON, CLARK, FAHY, DAVILA -- Multi-Sponsored by -- M. of A. LEVENBERG -- 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 authorizing the direct intrastate and interstate shipment of liquor, cider, mead, and braggot and relates to direct shipments of wine THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 3 of section 107-a of the alcoholic beverage control law, as amended by chapter 354 of the laws of 2013, is amended to read as follows: No alcoholic beverage shall be offered or advertised for sale in this state, INCLUDING DIRECT INTERSTATE SHIPMENTS UNDER THIS CHAPTER, unless: § 2. The alcoholic beverage control law is amended by adding two new sections 68 and 69 to read as follows: § 68. DIRECT INTERSTATE LIQUOR SHIPMENTS. 1. AUTHORIZATION. NOTWITH- STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY HOLDER OF A LICENSE TO MANUFACTURE LIQUOR IN ANY OTHER STATE THAT IS EQUIVALENT IN CLASS AND/OR PRODUCTION CAPACITY PER YEAR TO THOSE LICENSES AUTHORIZED TO MAKE DIRECT INTRASTATE LIQUOR SHIPMENTS UNDER SECTION SIXTY-NINE OF THIS ARTICLE, 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 LIQUOR PRODUCED 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 LIQUOR 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 AND, PROVIDED FURTHER, THAT THE STATE IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06487-04-3 A. 3132--A 2 WHICH SUCH OUT-OF-STATE DISTILLERY IS LOCATED AFFORDS TO NEW YORK STATE LICENSED MANUFACTURERS WITH THE PRIVILEGE OF PRODUCING LIQUOR RECIPROCAL SHIPPING PRIVILEGES, MEANING SHIPPING PRIVILEGES THAT ARE SUBSTANTIALLY SIMILAR TO THE REQUIREMENTS IN THIS SECTION. NO PERSON SHALL PLACE AN ORDER FOR SHIPMENT OF LIQUOR 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 LICENSE IS PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIPMENTS PROVIDED FOR HEREUNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION. 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 LIQUOR 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 DISTILLERY FROM THE SUBMISSION OF SUCH INFORMATION. 3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH CASE) PER YEAR OF LIQUOR PRODUCED 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-FIVE, FIFTY-NINE-B, AND SEVENTY-NINE-C OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP LIQUOR DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT, SHOWING THE TOTAL AMOUNT OF LIQUOR SHIPPED INTO THE STATE EACH CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE LIQUOR WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE LIQUOR, AND THE QUANTITY AND VALUE OF EACH SHIPMENT; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF LIQUOR TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE LIQUOR BEING PURCHASED WILL NOT BE RESOLD OR INTRO- DUCED INTO COMMERCE; (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH; A. 3132--A 3 (G) SHALL FILE RETURNS WITH AND PAY TO THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES DUE ON SALES INTO THIS STATE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE TAX LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS AT THE LOCATION WHERE DELIVERY IS MADE; (H) SHALL KEEP ALL RECORDS REQUIRED BY THIS SECTION FOR THREE YEARS AND PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHOR- ITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (I) SHALL PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST; (J) SHALL EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS STATE, ITS AGENCIES AND INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERN- ING ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGU- LATIONS, INCLUDING TAX LAWS, RULES OR REGULATIONS; AND (K) SHALL PRIOR TO OBTAINING AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, OBTAIN A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE TAX LAW. 4. SITUS. DELIVERY OF A SHIPMENT IN THIS STATE BY THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED TO CONSTITUTE A SALE IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF SUCH LAW. 5. RENEWAL. THE OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE WITH THE AUTHORITY BY PAYING A ONE HUNDRED TWENTY-FIVE DOLLAR RENEWAL FEE, PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY COMPLYING WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY. 6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION INCLUDING THE REQUIREMENTS IMPOSED ON THE COMMON CARRIER, BY ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE AN OUT-OF-STATE SHIP- PER'S LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY RULES OR REGULATIONS PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF TREASURY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE FEDERAL BASIC PERMIT. 8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 69. DIRECT INTRASTATE LIQUOR SHIPMENTS. ANY PERSON HAVING APPLIED FOR AND RECEIVED A CLASS A-1, CLASS B-1, CLASS C, OR CLASS D DISTILLER LICENSE UNDER SECTION SIXTY-ONE OF THIS ARTICLE MAY SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF LIQUOR PRODUCED BY SUCH LICENSEE PER YEAR 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. 1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE: A. 3132--A 4 (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) PER YEAR OF LIQUOR PRODUCED 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-SIX, FIFTY-NINE-C, AND SEVENTY-NINE-D OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP LIQUOR DIRECTLY TO A NEW YORK STATE RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT SHOWING THE TOTAL AMOUNT OF LIQUOR SHIPPED IN THE STATE EACH CALENDAR YEAR, THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE LIQUOR WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE LIQUOR, AND THE QUANTITY AND VALUE OF EACH SHIPMENT. SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF LIQUOR TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE LIQUOR BEING PURCHASED WILL NOT BE RESOLD OR INTRO- DUCED INTO COMMERCE; AND (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. 2. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 3. The alcoholic beverage control law is amended by adding two new sections 59-b and 59-c to read as follows: § 59-B. DIRECT INTERSTATE CIDER SHIPMENTS. 1. AUTHORIZATION. NOTWITH- STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY HOLDER OF A LICENSE TO MANUFACTURE CIDER 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 CIDER PRODUCED 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 CIDER 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 AND, PROVIDED FURTHER, THAT THE STATE IN WHICH SUCH OUT-OF-STATE CIDER PRODUCER IS LOCATED AFFORDS TO NEW YORK STATE LICENSED MANUFACTURERS WITH THE PRIVILEGE OF PRODUCING A. 3132--A 5 CIDER RECIPROCAL CIDER SHIPPING PRIVILEGES, MEANING SHIPPING PRIVILEGES THAT ARE SUBSTANTIALLY SIMILAR TO THE REQUIREMENTS IN THIS SECTION. NO PERSON SHALL PLACE AN ORDER FOR SHIPMENT OF CIDER UNLESS THEY ARE TWEN- TY-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 LICENSE IS PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIPMENTS PROVIDED FOR HERE- UNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION. 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 CIDER 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 CIDER PRODUCER FROM THE SUBMISSION OF SUCH INFORMATION. 3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH CASE) PER YEAR OF CIDER PRODUCED 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-FIVE, SIXTY-EIGHT, AND SEVENTY-NINE-C OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP CIDER DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT, SHOWING THE TOTAL AMOUNT OF CIDER SHIPPED INTO THE STATE EACH CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE CIDER WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRI- ER USED TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIP- MENT; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE CIDER BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAPTER; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH; (G) SHALL FILE RETURNS WITH AND PAY TO THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES A. 3132--A 6 DUE ON SALES INTO THIS STATE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE TAX LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS AT THE LOCATION WHERE DELIVERY IS MADE; (H) SHALL KEEP ALL RECORDS REQUIRED BY THIS SECTION FOR THREE YEARS AND PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHOR- ITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (I) SHALL PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST; (J) SHALL EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS STATE, ITS AGENCIES AND INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERN- ING ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGU- LATIONS, INCLUDING TAX LAWS, RULES OR REGULATIONS; AND (K) SHALL PRIOR TO OBTAINING AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, OBTAIN A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE TAX LAW. 4. SITUS. DELIVERY OF A SHIPMENT IN THIS STATE BY THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED TO CONSTITUTE A SALE IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF SUCH LAW. 5. RENEWAL. THE OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE WITH THE AUTHORITY BY PAYING A ONE HUNDRED TWENTY-FIVE DOLLAR RENEWAL FEE, PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY COMPLYING WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY. 6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION INCLUDING THE REQUIREMENTS IMPOSED ON THE COMMON CARRIER, BY ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE AN OUT-OF-STATE SHIP- PER'S LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY RULES OR REGULATIONS PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF TREASURY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE FEDERAL BASIC PERMIT. 8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 59-C. DIRECT INTRASTATE CIDER SHIPMENTS. ANY PERSON HAVING APPLIED FOR AND RECEIVED A MANUFACTURING LICENSE UNDER THIS CHAPTER WHICH INCLUDES THE PRIVILEGE OF PRODUCING CIDER MAY SHIP NO MORE THAN THIRTY- SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF CIDER PRODUCED BY SUCH MANUFACTURER PER YEAR 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. 1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS) PER YEAR OF CIDER PRODUCED BY SUCH LICENSE HOLDER DIRECTLY TO A A. 3132--A 7 NEW YORK STATE RESIDENT WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-SIX, SIXTY-NINE, AND SEVENTY-NINE-D OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP CIDER DIRECTLY TO A NEW YORK STATE RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT SHOWING THE TOTAL AMOUNT OF CIDER SHIPPED IN THE STATE EACH CALENDAR YEAR, THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE CIDER WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIPMENT. SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE CIDER BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; AND (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS CHAPTER; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. 2. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 4. The alcoholic beverage control law is amended by adding two new sections 35 and 36 to read as follows: § 35. DIRECT INTERSTATE MEAD AND BRAGGOT SHIPMENTS. 1. AUTHORIZATION. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRA- RY, ANY HOLDER OF A LICENSE TO MANUFACTURE MEAD AND/OR BRAGGOT 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 PER CASE) OF MEAD AND/OR BRAGGOT PRODUCED 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 MEAD AND/OR BRAGGOT 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 AND, PROVIDED FURTHER, THAT THE STATE IN WHICH SUCH OUT-OF-STATE MANUFACTURER OF MEAD AND/OR BRAGGOT IS LOCATED AFFORDS TO NEW YORK STATE MANUFACTURERS OF MEAD AND/OR BRAGGOT RECIPRO- CAL SHIPPING PRIVILEGES, MEANING SHIPPING PRIVILEGES THAT ARE SUBSTAN- A. 3132--A 8 TIALLY SIMILAR TO THE REQUIREMENTS IN THIS SECTION. NO PERSON SHALL PLACE AN ORDER FOR SHIPMENT OF MEAD AND/OR BRAGGOT UNLESS THEY ARE TWEN- TY-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 LICENSE IS PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIPMENTS PROVIDED FOR HERE- UNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION. 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 MEAD AND/OR BRAGGOT IN THE APPLICANT'S STATE OF DOMICILE ALONG WITH A COPY OF THE APPLICANT'S FEDERAL BASIC PERMIT AND/OR BREWER'S NOTICE AFTER PAYMENT OF AN ANNUAL FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED TEN OF THIS CHAPTER, THE AUTHORITY IN ITS DISCRETION, MAY EXCUSE AN OUT-OF-STATE MANUFACTURER OF MEAD AND/OR BRAGGOT FROM THE SUBMISSION OF SUCH INFORMATION. 3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE: (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) PER YEAR OF MEAD AND/OR BRAGGOT PRODUCED BY SUCH LICENSE HOLD- ER 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS FIFTY-NINE-B, SIXTY-EIGHT, AND SEVENTY-NINE-C OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP MEAD AND/OR BRAGGOT DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUS- LY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT, SHOWING THE TOTAL AMOUNT OF MEAD AND/OR BRAGGOT SHIPPED INTO THE STATE EACH CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE MEAD AND/OR BRAGGOT WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE MEAD AND/OR BRAGGOT, AND THE QUANTITY AND VALUE OF EACH SHIPMENT; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF MEAD AND/OR BRAGGOT TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE MEAD AND/OR BRAGGOT BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH; A. 3132--A 9 (G) SHALL FILE RETURNS WITH AND PAY TO THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES DUE ON SALES INTO THIS STATE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE TAX LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS AT THE LOCATION WHERE DELIVERY IS MADE; (H) SHALL KEEP ALL RECORDS REQUIRED BY THIS SECTION FOR THREE YEARS AND PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHOR- ITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (I) SHALL PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST; (J) SHALL EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS STATE, ITS AGENCIES AND INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERN- ING ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGU- LATIONS, INCLUDING TAX LAWS, RULES OR REGULATIONS; AND (K) SHALL PRIOR TO OBTAINING AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, OBTAIN A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE TAX LAW. 4. SITUS. DELIVERY OF A SHIPMENT IN THIS STATE BY THE HOLDER OF AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED TO CONSTITUTE A SALE IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND TWENTY-NINE OF SUCH LAW. 5. RENEWAL. THE OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE WITH THE AUTHORITY BY PAYING A ONE HUNDRED TWENTY-FIVE DOLLAR RENEWAL FEE, PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY COMPLYING WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY. 6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION. 7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION INCLUDING THE REQUIREMENTS IMPOSED ON THE COMMON CARRIER, BY ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE AN OUT-OF-STATE SHIP- PER'S LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY RULES OR REGULATIONS PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF TREASURY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE FEDERAL BASIC PERMIT. 8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 36. DIRECT INTRASTATE MEAD AND BRAGGOT SHIPMENTS. ANY PERSON HAVING APPLIED FOR AND RECEIVED A MANUFACTURING LICENSE UNDER THIS CHAPTER WHICH INCLUDES THE PRIVILEGE OF PRODUCING MEAD AND/OR BRAGGOT MAY SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF MEAD AND/OR BRAGGOT PRODUCED BY SUCH MANUFACTURER PER YEAR 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. 1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE: A. 3132--A 10 (A) SHALL SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) PER YEAR OF MEAD AND/OR BRAGGOT PRODUCED BY SUCH LICENSE HOLD- ER 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; (B) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS FIFTY-NINE-C, SIXTY-NINE, AND SEVENTY-NINE-D OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP MEAD AND/OR BRAGGOT DIRECTLY TO A NEW YORK STATE RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY; (D) SHALL MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT SHOWING THE TOTAL AMOUNT OF MEAD AND/OR BRAGGOT SHIPPED IN THE STATE EACH CALENDAR YEAR, THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE MEAD AND/OR BRAGGOT WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER USED TO DELIVER THE MEAD AND/OR BRAGGOT, AND THE QUANTITY AND VALUE OF EACH SHIPMENT. SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE; (E) SHALL IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF MEAD AND/OR BRAGGOT TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRESENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND THAT THE MEAD AND/OR BRAGGOT BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO COMMERCE; AND (F) SHALL REQUIRE COMMON CARRIERS TO: (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF THIS ARTICLE; (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. 2. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT ACTS. § 5. 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: 3. Licensee's responsibilities. The holder of an out-of-state direct shipper's license [shall]: (a) SHALL ship no more than thirty-six cases (no more than nine liters each case) per year of wine produced 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; (b) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-FIVE, FIFTY-NINE-B, AND SIXTY-EIGHT OF THIS CHAPTER, AS APPLICABLE; A. 3132--A 11 (C) SHALL ensure that the outside of each shipping container used to ship wine directly to a New York resident is conspicuously labeled with the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language specifically approved by the New York state liquor authority; [(c)] (D) SHALL maintain records in such manner and form as the authority may direct, showing the total amount of wine shipped into the state each calendar year; the names and addresses of the purchasers to whom the wine was shipped, the date purchased, the name of the common carrier used to deliver the wine, and the quantity and value of each shipment; [(d)] (E) SHALL in connection with the acceptance of an order for a delivery of wine to a New York resident, require the prospective custom- er to represent that he or she has attained the age of twenty-one years or more and that the wine being purchased will not be resold or intro- duced into commerce; [(e)] (F) SHALL require common carriers to: (i) require a recipient, at the delivery address, upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification authorized by section sixty-five-b of this chapter; (ii) require a recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the authority; and (iii) refuse delivery when the proposed recipient appears to be under twenty-one years of age and refuses to present valid identification as required by subparagraph (i) of this paragraph; [(f)] (G) SHALL file returns with and pay to the New York state department of taxation and finance all state and local sales taxes and excise taxes due on sales into this state in accordance with the appli- cable provisions of the tax law relating to such taxes, the amount of such taxes to be determined on the basis that each sale in this state was at the location where delivery is made; [(g)] (H) SHALL keep all records required by this section for three years and provide copies of such records, upon written request, to the authority or the department of taxation and finance; [(h)] (I) SHALL permit the authority or the department of taxation and finance to perform an audit of such out-of-state shipper upon request; [(i)] (J) SHALL execute a written consent to the jurisdiction of this state, its agencies and instrumentalities and the courts of this state concerning enforcement of this section and any related laws, rules, or regulations, including tax laws, rules or regulations; and [(j)] (K) SHALL prior to obtaining an out-of-state direct shipper's license, obtain a certificate of authority pursuant to section eleven hundred thirty-four of the tax law and a registration as a distributor pursuant to sections four hundred twenty-one and four hundred twenty-two of the tax law. § 6. Section 79-d of the alcoholic beverage control law, as amended by chapter 184 of the laws of 2005, paragraph (c) of subdivision 1 as amended by chapter 221 of the laws of 2011, is amended to read as follows: § 79-d. Direct intrastate wine shipments. Any person having applied for and received a license as a winery or farm winery under sections seventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d and seventy-six-f of this article may ship no more than thirty-six cases (no more than nine liters per case) of wine produced by such winery [for] OR farm winery per year directly to a New York state resident who A. 3132--A 12 is at least twenty-one years of age, for such resident's personal use and not for resale. 1. Licensee's shipping responsibilities. Notwithstanding any provision to the contrary contained in this chapter, any above referred licensee [shall]: (a) SHALL in the case of a farm winery licensee or a winery licensee, ship no more than thirty-six cases (no more than nine liters) per year of wine produced 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; (b) MAY SHIP WITHIN THE SAME PACKAGING ANY AND ALL ALCOHOLIC BEVERAGES IT LAWFULLY PRODUCES AND WHICH IT SELLS IN ACCORDANCE WITH ITS SHIPPING PRIVILEGES AND RESPONSIBILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-SIX, FIFTY-NINE-C, AND SIXTY-NINE OF THIS CHAPTER, AS APPLICABLE; (C) SHALL ensure that the outside of each shipping container used to ship wine directly to a New York state resident is conspicuously labeled with the words: "CONTAINS [WINE] ALCOHOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT FOR RESALE," or with other language specifically approved by the New York state liquor authority; [(c)] (D) SHALL maintain records in such manner and form as the authority may direct showing the total amount of wine shipped in the state each calendar year, the names and addresses of the purchasers to whom the wine was shipped, the date purchased, the name of the common carrier used to deliver the wine, and the quantity and value of each shipment. Such records shall be kept for three years and, upon written request, be provided to the authority or the department of taxation and finance; [(d)] (E) SHALL in connection with the acceptance of an order for a delivery of wine to a New York resident, require the prospective custom- er to represent that he or she has attained the age of twenty-one years or more and that the wine being purchased will not be resold or intro- duced into commerce; and [(e)] (F) SHALL require common carriers to: (i) require a recipient, at the delivery address, upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification authorized by section sixty-five-b of this chapter; (ii) require a recipient to sign an electronic or paper form or other acknowledgment of receipt as approved by the authority; and (iii) refuse delivery when the proposed recipient appears to be under twenty-one years of age and refuses to present valid identification as required by paragraph (a) of this subdivision. 2. Violations. In any action brought under this section, the common carrier and the licensee shall only be held liable for their independent acts. § 7. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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