Senate Bill S2852

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2852--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced by Sens. SKOUFIS, BORRELLO, GALLIVAN, GOUNARDES, MAY, O'MARA,
   ROLISON,  STEC,  WEBER  --  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
   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
 WHICH SUCH OUT-OF-STATE DISTILLERY IS LOCATED AFFORDS TO NEW YORK  STATE
 LICENSED MANUFACTURERS WITH THE PRIVILEGE OF PRODUCING LIQUOR RECIPROCAL
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06487-03-3
 S. 2852--A                          2
 
 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;
   (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
 S. 2852--A                          3
 
 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) 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
 S. 2852--A                          4
 
 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
 CIDER  RECIPROCAL CIDER SHIPPING PRIVILEGES, MEANING SHIPPING PRIVILEGES
 THAT ARE SUBSTANTIALLY SIMILAR TO THE REQUIREMENTS IN THIS  SECTION.  NO
 S. 2852--A                          5
 
 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
 DUE  ON  SALES  INTO  THIS  STATE  IN  ACCORDANCE  WITH  THE  APPLICABLE
 PROVISIONS  OF  THE  TAX  LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH
 S. 2852--A                          6
 
 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
 NEW  YORK  STATE  RESIDENT  WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR
 SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE;
 S. 2852--A                          7

   (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-
 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-
 S. 2852--A                          8
 
 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;
   (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
 S. 2852--A                          9
 
 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) 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-
 S. 2852--A                         10
 
 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;
   (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
 S. 2852--A                         11
 
 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
 is  at  least  twenty-one years of age, for such resident's personal use
 and not for resale.
 S. 2852--A                         12
 
   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.