S T A T E   O F   N E W   Y O R K
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                                  5125

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  shipment of alcoholic beverages into the state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative purpose. The  legislature  finds  and  declares
that  the  proper  regulation  and  control of the manufacture, sale and
distribution of alcoholic beverages is in the best interest of the citi-
zens of New York state. In furtherance of this  policy  the  legislature
finds  that  requiring alcoholic beverage products to be maintained in a
warehouse owned or leased by a licensed New York  state  wholesaler  for
twenty-four hours will allow the state liquor authority and the New York
state  department of taxation and finance to verify the legality of such
product and the proper payment of taxes on such product.
  S 2. Paragraph (a) of subdivision 1 of section 102  of  the  alcoholic
beverage  control law, as amended by chapter 210 of the laws of 2005, is
amended to read as follows:
  (a) Except as provided in section seventy-nine-c of this  chapter,  no
alcoholic  beverages  shall  be  shipped  into the state unless the same
shall be consigned to a person duly licensed  hereunder  to  traffic  in
alcoholic  beverages.  NO SUCH ALCOHOLIC BEVERAGES SHALL BE DELIVERED TO
A RETAIL LICENSEE OTHER THAN FROM INVENTORY  STORED  AT  A  PREMISES  OR
WAREHOUSE  LOCATED  IN  THIS  STATE THAT IS OWNED, RENTED OR LEASED BY A
WHOLESALER LICENSED BY THE STATE OF NEW YORK. SUCH  INVENTORY  SHALL  BE
DEEMED  TO INCLUDE ONLY ALCOHOLIC BEVERAGES WHICH SHALL HAVE BEEN STORED
IN SUCH PREMISES OR WAREHOUSE FOR  AT  LEAST  A  PERIOD  OF  TWENTY-FOUR
CONTINUOUS HOURS. This prohibition shall apply to all shipments of alco-
holic beverages into New York state and includes importation or distrib-
ution for commercial purposes, for personal use, or otherwise, and irre-
spective  of  whether  such alcoholic beverages were purchased within or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08641-01-3
              

A. 5125                             2

without the state, provided, however, this prohibition shall  not  apply
to  any  shipment  consigned  to  a New York resident who has personally
purchased alcoholic beverages for his personal  use  while  outside  the
United  States for a minimum period of forty-eight consecutive hours and
which he has shipped as consignor to  himself  as  consignee.  Purchases
made  outside  the  United  States  by  persons other than the purchaser
himself, regardless whether made as his agent, or by  his  authorization
or on his behalf, are deemed not to have been personally purchased with-
in the meaning of this paragraph.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.