NY State Assembly Bill 2019-A5756D

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2020	print number 5756d
Feb 06, 2020	amend and recommit to economic development
Jan 08, 2020	referred to economic development
Jun 06, 2019	print number 5756c
Jun 06, 2019	amend and recommit to economic development
Apr 17, 2019	print number 5756b
Apr 17, 2019	amend and recommit to economic development
Mar 26, 2019	print number 5756a
Mar 26, 2019	amend and recommit to economic development
Feb 14, 2019	referred to economic development

co-Sponsors

multi-Sponsors

2019-A5756 - Details

See Senate Version of this Bill:: S3881
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:: A901, S703

2019-A5756 - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5756
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing  a  primary American source of supply for liquor and wine
   sold in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  35  of section 3 of the alcoholic beverage
 control law is amended, and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A. "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER  OF
 LIQUOR  OR  WINE  OR  ITS  EXCLUSIVE  AGENT IN THE UNITED STATES IF SUCH
 LIQUOR OR WINE CAN BE SECURED DIRECTLY  FROM  THE  MANUFACTURER  OR  ITS
 EXCLUSIVE  AGENT  BY  A  WHOLESALER  IN THE UNITED STATES; OR (B) IF THE
 LIQUOR OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR  ITS
 EXCLUSIVE  AGENT,  THE SOURCE CLOSEST TO SUCH MANUFACTURER IN THE UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B. "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I)  WAS
 PURCHASED  AT RETAIL OR AUCTION, (II) WAS OWNED BY A NON-LICENSED PERSON
 FOR AT LEAST TWO YEARS WITH PROOF OF PURCHASE, AND (III)  IS  NOT  PRICE
 POSTED  IN NEW YORK AT THE TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS
 EITHER (I) NOT PRICE POSTED IN NEW YORK AT THE TIME OF SALE, (II) IS  NO
 LONGER  IN  PRODUCTION,  OR  (III) IS CONTAINED IN ITS ORIGINAL CERAMIC,
 LEAD, CRYSTAL OR SIMILAR COLLECTIBLE SPECIALTY  CONTAINER  WHICH  IS  NO
 LONGER BEING OFFERED FOR SALE.
   35.  "Wholesaler" means any person who sells at wholesale any beverage
 for the sale of which a license is required under the provisions of this
 chapter. AN "AUTHORIZED WHOLESALER" IS  A  WHOLESALER  AUTHORIZED  BY  A
 PRIMARY AMERICAN SOURCE OF SUPPLY TO CARRY A SPECIFIC BRAND OF LIQUOR OR
 WINE IN THIS STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01255-02-9

 A. 5756                             2
 
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 116-a to read as follows:
   §  116-A.  PRIMARY  AMERICAN SOURCE OF SUPPLY. 1. THE PRIMARY AMERICAN
 SOURCE OF SUPPLY AT THE TIME THE WINE OR  LIQUOR  BECOMES  SUITABLE  FOR
 WHOLESALE OR RETAIL SALE IN NEW YORK OR A WHOLESALER LICENSED UNDER THIS
 CHAPTER  WHO  HAS  BEEN  APPOINTED ITS EXCLUSIVE AGENT FOR SUCH PURPOSE,
 SHALL FILE A  REGISTRATION  APPLICATION  WITH  THE  AUTHORITY  ON  FORMS
 PROVIDED  BY  THE  AUTHORITY. EACH BRAND OF SUCH LIQUOR OR WINE SHALL BE
 INDIVIDUALLY LISTED ON SUCH REGISTRATION.
   2. THE AUTHORITY SHALL ALLOW  ONLY  ONE  PRIMARY  AMERICAN  SOURCE  OF
 SUPPLY  TO  REGISTER  ANY  BRAND OF LIQUOR OR WINE. THE PRIMARY AMERICAN
 SOURCE OF SUPPLY MAY CHANGE THE EXCLUSIVE AGENT ACTING  AND  CANCEL  ANY
 AUTHORITY  GRANTED  TO  A PRIOR AGENT BY FILING A NEW AUTHORIZATION WITH
 THE AUTHORITY NOT LESS THAN FORTY  DAYS  BEFORE  THE  NEW  AUTHORIZATION
 BECOMES EFFECTIVE.
   3.  A  PRIMARY  AMERICAN SOURCE OF SUPPLY OR ITS EXCLUSIVE AGENT SHALL
 FILE WITH THE AUTHORITY THE NAMES OF EACH AUTHORIZED WHOLESALER  PERMIT-
 TED  TO  SELL  EACH  BRAND  OF LIQUOR OR WINE SOLD IN THIS STATE. IF THE
 PRIMARY AMERICAN SOURCE OF SUPPLY IS A WHOLESALER, IT  MAY  LIST  ITSELF
 AND  OTHER WHOLESALERS AS A WHOLESALER AUTHORIZED TO SELL THE BRAND. THE
 FILING OF A WHOLESALE PRICE POSTING,  IN  ACCORDANCE  WITH  SECTION  ONE
 HUNDRED  ONE-B  OF  THIS  ARTICLE,  LISTING  THE NAMES OF THE AUTHORIZED
 WHOLESALERS SHALL  BE  DEEMED  COMPLIANCE  WITH  THIS  REQUIREMENT.  THE
 AUTHORIZED  WHOLESALERS  MAY  BE  CHANGED AT ANY TIME AT OR PRIOR TO THE
 TIME A WHOLESALE PRICE POSTING IS TO BE FILED PURSUANT TO SUCH  SECTION.
 IF  THE  PRIMARY  AMERICAN SOURCE OF SUPPLY DOES NOT LIST ANY AUTHORIZED
 WHOLESALERS, ANY LICENSED WHOLESALER MAY PURCHASE  THE  LIQUOR  OR  WINE
 FROM  THE  PRIMARY  AMERICAN SOURCE OF SUPPLY AND SELL THE BRAND IN THIS
 STATE.
   4. EXCEPT AS SET FORTH IN SUBDIVISIONS SEVEN AND EIGHT OF THIS SECTION
 OR SHIPMENTS OF WINE OR LIQUOR FROM A PRIVATE COLLECTION  MADE  DIRECTLY
 TO  A  RESIDENT OF NEW YORK FOR PERSONAL USE PURSUANT TO SECTIONS SEVEN-
 TY-NINE-C AND SEVENTY-NINE-D OF THIS CHAPTER, NO ONE SHALL SHIP OR CAUSE
 TO BE SHIPPED INTO THIS STATE, NOR SHALL ANY WHOLESALER OR  RETAILER  IN
 THIS  STATE  RECEIVE,  ANY  LIQUOR  OR  WINE UNLESS THE PRIMARY AMERICAN
 SOURCE OF SUPPLY FOR SUCH LIQUOR OR WINE (I) HAS REGISTERED  SUCH  BRAND
 WITH  THE  AUTHORITY,  (II)  SUCH  REGISTRATION HAS BEEN APPROVED BY THE
 AUTHORITY, AND (III) THE BRAND IS PURCHASED FROM  THE  PRIMARY  AMERICAN
 SOURCE OF SUPPLY OR AN AUTHORIZED WHOLESALER.
   5.  EXCEPT  AS  SET  FORTH  IN  SUBDIVISIONS  SEVEN  AND EIGHT OF THIS
 SECTION, A WHOLESALER IN THIS STATE SHALL NOT PURCHASE, RECEIVE OR BE IN
 POSSESSION OF ANY LIQUOR OR WINE  UNLESS  THE  WHOLESALER  OBTAINED  THE
 LIQUOR OR WINE DIRECTLY FROM (I) A REGISTERED PRIMARY AMERICAN SOURCE OF
 SUPPLY,  (II) A DESIGNATED REPRESENTATIVE OF THE PRIMARY AMERICAN SOURCE
 OF SUPPLY IF THE PRIMARY AMERICAN  SOURCE  OF  SUPPLY  IS  OUTSIDE  THIS
 STATE, OR (III) AN AUTHORIZED WHOLESALER.
   6.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO PROHIBIT SUBSEQUENT
 INTRASTATE SALES, TRANSFER, AND INVOICING OF A BRAND OF LIQUOR  OR  WINE
 BETWEEN  AUTHORIZED WHOLESALERS OF THAT BRAND SUBSEQUENT TO THE PURCHASE
 IN THIS STATE FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY.
   7. THE AUTHORITY SHALL ALLOW A WHOLESALER TO BRING LIQUOR OR WINE INTO
 THIS STATE IF THE  WHOLESALER  CERTIFIES  TO  THE  SATISFACTION  OF  THE
 AUTHORITY  THAT THE BRAND OF LIQUOR OR WINE COMES FROM A MANUFACTURER OR
 BOTTLER THAT CANNOT, OR HAS NOT AND WILL NOT APPOINT A PRIMARY  AMERICAN
 SOURCE OF SUPPLY.

 A. 5756                             3
 
   8. THIS SECTION SHALL NOT APPLY TO (I) A BRAND OF LIQUOR OR WINE OWNED
 EXCLUSIVELY  BY ONE RETAILER AND SOLD AT RETAIL WITHIN THIS STATE EXCLU-
 SIVELY BY SUCH RETAILER; OR (II) A PRODUCT PURCHASED BY A WHOLESALER  OR
 RETAILER  FROM  A PRIVATE COLLECTION IN ACCORDANCE WITH SECTIONS EIGHTY-
 FIVE  AND NINETY-NINE-G OF THIS CHAPTER CONSISTENT WITH THE RULES, REGU-
 LATIONS, ORDERS AND ADVISORIES ESTABLISHED BY THE AUTHORITY.
   9. THE AUTHORITY IS AUTHORIZED TO PERFORM SUCH ACTS, PRESCRIBE  FORMS,
 AND MAKE RULES, REGULATIONS, ORDERS AND ADVISORIES AS IT MAY DEEM NECES-
 SARY  OR  PROPER  TO  FULLY  EFFECTUATE  THE  PROVISIONS OF THIS SECTION
 INCLUDING, BUT NOT LIMITED TO, ESTABLISHING A FORMAT FOR  RECORDING  THE
 PRIMARY AMERICAN SOURCE OF SUPPLY AND ITS DESIGNEES.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  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
 and directed to be made and completed on or before such effective date.

co-Sponsors

multi-Sponsors

2019-A5756A - Details

See Senate Version of this Bill:: S3881
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:: A901, S703

2019-A5756A - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER, D'URSO, ARROYO -- Multi-Sponsored by --
   M. of A. WALSH -- 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
   establishing  a  primary American source of supply for liquor and wine
   sold in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  35  of section 3 of the alcoholic beverage
 control law is amended, and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A. "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER  OF
 LIQUOR  OR  WINE  OR  ITS  EXCLUSIVE  AGENT IN THE UNITED STATES IF SUCH
 LIQUOR OR WINE CAN BE SECURED DIRECTLY  FROM  THE  MANUFACTURER  OR  ITS
 EXCLUSIVE  AGENT  BY  A  WHOLESALER  IN THE UNITED STATES; OR (B) IF THE
 LIQUOR OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR  ITS
 EXCLUSIVE  AGENT,  THE SOURCE CLOSEST TO SUCH MANUFACTURER IN THE UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B. "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I)  WAS
 PURCHASED  AT  RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE TEN YEARS
 OLD AT THE TIME OF SALE, OR (III) IS NOT PRICE POSTED IN NEW YORK AT THE
 TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS EITHER (I) NOT PRICE POST-
 ED IN NEW YORK AT THE TIME OF SALE, (II) IS NO LONGER IN PRODUCTION,  OR
 (III)  IS  CONTAINED  IN  ITS ORIGINAL CERAMIC, LEAD, CRYSTAL OR SIMILAR
 COLLECTIBLE SPECIALTY CONTAINER WHICH IS NO  LONGER  BEING  OFFERED  FOR
 SALE.
   35.  "Wholesaler" means any person who sells at wholesale any beverage
 for the sale of which a license is required under the provisions of this
 chapter. AN "AUTHORIZED WHOLESALER" IS  A  WHOLESALER  AUTHORIZED  BY  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01255-03-9

 A. 5756--A                          2
 
 PRIMARY AMERICAN SOURCE OF SUPPLY TO CARRY A SPECIFIC BRAND OF LIQUOR OR
 WINE IN THIS STATE.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 116-a to read as follows:
   § 116-A. PRIMARY AMERICAN SOURCE OF SUPPLY. 1.  THE  PRIMARY  AMERICAN
 SOURCE  OF  SUPPLY  AT  THE TIME THE WINE OR LIQUOR BECOMES SUITABLE FOR
 WHOLESALE OR RETAIL SALE IN NEW YORK OR A WHOLESALER LICENSED UNDER THIS
 CHAPTER WHO HAS BEEN APPOINTED ITS EXCLUSIVE  AGENT  FOR  SUCH  PURPOSE,
 SHALL  FILE  A  REGISTRATION  APPLICATION  WITH  THE  AUTHORITY ON FORMS
 PROVIDED BY THE AUTHORITY. EACH BRAND OF SUCH LIQUOR OR  WINE  SHALL  BE
 INDIVIDUALLY LISTED ON SUCH REGISTRATION.
   2.  THE  AUTHORITY  SHALL  ALLOW  ONLY  ONE PRIMARY AMERICAN SOURCE OF
 SUPPLY TO REGISTER ANY BRAND OF LIQUOR OR  WINE.  THE  PRIMARY  AMERICAN
 SOURCE  OF  SUPPLY  MAY CHANGE THE EXCLUSIVE AGENT ACTING AND CANCEL ANY
 AUTHORITY GRANTED TO A PRIOR AGENT BY FILING A  NEW  AUTHORIZATION  WITH
 THE  AUTHORITY  NOT  LESS  THAN  FORTY DAYS BEFORE THE NEW AUTHORIZATION
 BECOMES EFFECTIVE.
   3. A PRIMARY AMERICAN SOURCE OF SUPPLY OR ITS  EXCLUSIVE  AGENT  SHALL
 FILE  WITH THE AUTHORITY THE NAMES OF EACH AUTHORIZED WHOLESALER PERMIT-
 TED TO SELL EACH BRAND OF LIQUOR OR WINE SOLD  IN  THIS  STATE.  IF  THE
 PRIMARY  AMERICAN  SOURCE  OF SUPPLY IS A WHOLESALER, IT MAY LIST ITSELF
 AND OTHER WHOLESALERS AS A WHOLESALER AUTHORIZED TO SELL THE BRAND.  THE
 FILING  OF  A  WHOLESALE  PRICE  POSTING, IN ACCORDANCE WITH SECTION ONE
 HUNDRED ONE-B OF THIS ARTICLE,  LISTING  THE  NAMES  OF  THE  AUTHORIZED
 WHOLESALERS  SHALL  BE  DEEMED  COMPLIANCE  WITH  THIS  REQUIREMENT. THE
 AUTHORIZED WHOLESALERS MAY BE CHANGED AT ANY TIME AT  OR  PRIOR  TO  THE
 TIME  A WHOLESALE PRICE POSTING IS TO BE FILED PURSUANT TO SUCH SECTION.
 IF THE PRIMARY AMERICAN SOURCE OF SUPPLY DOES NOT  LIST  ANY  AUTHORIZED
 WHOLESALERS,  ANY  LICENSED  WHOLESALER  MAY PURCHASE THE LIQUOR OR WINE
 FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY AND SELL THE  BRAND  IN  THIS
 STATE.
   4. EXCEPT AS SET FORTH IN SUBDIVISIONS SEVEN AND EIGHT OF THIS SECTION
 OR  SHIPMENTS  OF WINE OR LIQUOR FROM A PRIVATE COLLECTION MADE DIRECTLY
 TO A RESIDENT OF NEW YORK, NO ONE SHALL SHIP OR CAUSE TO BE SHIPPED INTO
 THIS STATE, NOR SHALL ANY WHOLESALER OR RETAILER IN THIS STATE  RECEIVE,
 ANY LIQUOR OR WINE UNLESS THE PRIMARY AMERICAN SOURCE OF SUPPLY FOR SUCH
 LIQUOR  OR  WINE  (I) HAS REGISTERED SUCH BRAND WITH THE AUTHORITY, (II)
 SUCH REGISTRATION HAS BEEN APPROVED BY  THE  AUTHORITY,  AND  (III)  THE
 BRAND  IS  PURCHASED  FROM  THE  PRIMARY AMERICAN SOURCE OF SUPPLY OR AN
 AUTHORIZED WHOLESALER.
   5. EXCEPT AS SET  FORTH  IN  SUBDIVISIONS  SEVEN  AND  EIGHT  OF  THIS
 SECTION, A WHOLESALER IN THIS STATE SHALL NOT PURCHASE, RECEIVE OR BE IN
 POSSESSION  OF  ANY  LIQUOR  OR  WINE UNLESS THE WHOLESALER OBTAINED THE
 LIQUOR OR WINE DIRECTLY FROM (I) A REGISTERED PRIMARY AMERICAN SOURCE OF
 SUPPLY, (II) A DESIGNATED REPRESENTATIVE OF THE PRIMARY AMERICAN  SOURCE
 OF  SUPPLY  IF  THE  PRIMARY  AMERICAN  SOURCE OF SUPPLY IS OUTSIDE THIS
 STATE, OR (III) AN AUTHORIZED WHOLESALER.
   6. NOTHING IN THIS SECTION SHALL  BE  DEEMED  TO  PROHIBIT  SUBSEQUENT
 INTRASTATE  SALES,  TRANSFER, AND INVOICING OF A BRAND OF LIQUOR OR WINE
 BETWEEN AUTHORIZED WHOLESALERS OF THAT BRAND SUBSEQUENT TO THE  PURCHASE
 IN THIS STATE FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY.
   7. THE AUTHORITY SHALL ALLOW A WHOLESALER TO BRING LIQUOR OR WINE INTO
 THIS  STATE  IF  THE  WHOLESALER  CERTIFIES  TO  THE SATISFACTION OF THE
 AUTHORITY THAT THE BRAND OF LIQUOR OR WINE COMES FROM A MANUFACTURER  OR
 BOTTLER  THAT CANNOT, OR HAS NOT AND WILL NOT APPOINT A PRIMARY AMERICAN
 SOURCE OF SUPPLY.

 A. 5756--A                          3
 
   8. THIS SECTION SHALL NOT APPLY TO (I) A BRAND OF LIQUOR OR WINE OWNED
 EXCLUSIVELY BY ONE RETAILER AND SOLD AT RETAIL WITHIN THIS STATE  EXCLU-
 SIVELY  BY SUCH RETAILER; OR (II) A PRODUCT PURCHASED BY A WHOLESALER OR
 RETAILER FROM A PRIVATE COLLECTION IN ACCORDANCE WITH  SECTIONS  EIGHTY-
 FIVE  AND NINETY-NINE-G OF THIS CHAPTER CONSISTENT WITH THE RULES, REGU-
 LATIONS, ORDERS AND ADVISORIES ESTABLISHED BY THE AUTHORITY.
   9. THE AUTHORITY IS AUTHORIZED TO PERFORM SUCH ACTS, PRESCRIBE  FORMS,
 AND MAKE RULES, REGULATIONS, ORDERS AND ADVISORIES AS IT MAY DEEM NECES-
 SARY  OR  PROPER  TO  FULLY  EFFECTUATE  THE  PROVISIONS OF THIS SECTION
 INCLUDING, BUT NOT LIMITED TO, ESTABLISHING A FORMAT FOR  RECORDING  THE
 PRIMARY AMERICAN SOURCE OF SUPPLY AND ITS DESIGNEES.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  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
 and directed to be made and completed on or before such effective date.

co-Sponsors

multi-Sponsors

2019-A5756B - Details

See Senate Version of this Bill:: S3881
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:: A901, S703

2019-A5756B - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of A. WOERNER, D'URSO, ARROYO, LAVINE -- Multi-Spon-
   sored by -- M. of A. WALSH -- read once and referred to the  Committee
   on Economic Development -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   establishing a primary American source of supply for liquor  and  wine
   sold in this state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 35 of section 3  of  the  alcoholic  beverage
 control law is amended, and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A.  "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER OF
 LIQUOR OR WINE OR ITS EXCLUSIVE AGENT  IN  THE  UNITED  STATES  IF  SUCH
 LIQUOR  OR  WINE  CAN  BE  SECURED DIRECTLY FROM THE MANUFACTURER OR ITS
 EXCLUSIVE AGENT BY A WHOLESALER IN THE UNITED  STATES;  OR  (B)  IF  THE
 LIQUOR  OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR ITS
 EXCLUSIVE AGENT, THE SOURCE CLOSEST TO SUCH MANUFACTURER IN  THE  UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B.  "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I) WAS
 PURCHASED AT RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE  TEN  YEARS
 OLD  AT  THE  TIME OF SALE, AND (III) WAS OWNED BY A NON-LICENSED PERSON
 WITH PROOF OF PURCHASE, OR (IV) IS NOT PRICE POSTED IN NEW YORK  AT  THE
 TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS EITHER (I) NOT PRICE POST-
 ED  IN NEW YORK AT THE TIME OF SALE, (II) IS NO LONGER IN PRODUCTION, OR
 (III) IS CONTAINED IN ITS ORIGINAL CERAMIC,  LEAD,  CRYSTAL  OR  SIMILAR
 COLLECTIBLE  SPECIALTY  CONTAINER  WHICH  IS NO LONGER BEING OFFERED FOR
 SALE, OR (IV) WAS BOTTLED TEN YEARS PRIOR TO THE DATE OF SALE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01255-06-9

 A. 5756--B                          2
 
   35. "Wholesaler" means any person who sells at wholesale any  beverage
 for the sale of which a license is required under the provisions of this
 chapter.  AN  "AUTHORIZED  WHOLESALER"  IS  A WHOLESALER AUTHORIZED BY A
 PRIMARY AMERICAN SOURCE OF SUPPLY TO CARRY A SPECIFIC BRAND OF LIQUOR OR
 WINE IN THIS STATE.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 116-a to read as follows:
   § 116-A. PRIMARY AMERICAN SOURCE OF SUPPLY. 1.  THE  PRIMARY  AMERICAN
 SOURCE  OF  SUPPLY  AT  THE TIME THE WINE OR LIQUOR BECOMES SUITABLE FOR
 WHOLESALE OR RETAIL SALE IN NEW YORK OR A WHOLESALER LICENSED UNDER THIS
 CHAPTER WHO HAS BEEN APPOINTED ITS EXCLUSIVE  AGENT  FOR  SUCH  PURPOSE,
 SHALL  FILE  A  REGISTRATION  APPLICATION  WITH  THE  AUTHORITY ON FORMS
 PROVIDED BY THE AUTHORITY. EACH BRAND OF SUCH LIQUOR OR  WINE  SHALL  BE
 INDIVIDUALLY LISTED ON SUCH REGISTRATION.
   2.  THE  AUTHORITY  SHALL  ALLOW  ONLY  ONE PRIMARY AMERICAN SOURCE OF
 SUPPLY TO REGISTER ANY BRAND OF LIQUOR OR  WINE.  THE  PRIMARY  AMERICAN
 SOURCE  OF  SUPPLY  MAY CHANGE THE EXCLUSIVE AGENT ACTING AND CANCEL ANY
 AUTHORITY GRANTED TO A PRIOR AGENT BY FILING A  NEW  AUTHORIZATION  WITH
 THE  AUTHORITY  NOT  LESS  THAN  FORTY DAYS BEFORE THE NEW AUTHORIZATION
 BECOMES EFFECTIVE.
   3. A PRIMARY AMERICAN SOURCE OF SUPPLY OR ITS  EXCLUSIVE  AGENT  SHALL
 FILE  WITH THE AUTHORITY THE NAMES OF EACH AUTHORIZED WHOLESALER PERMIT-
 TED TO SELL EACH BRAND OF LIQUOR OR WINE SOLD  IN  THIS  STATE.  IF  THE
 PRIMARY  AMERICAN  SOURCE  OF SUPPLY IS A WHOLESALER, IT MAY LIST ITSELF
 AND OTHER WHOLESALERS AS A WHOLESALER AUTHORIZED TO SELL THE BRAND.  THE
 FILING  OF  A  WHOLESALE  PRICE  POSTING, IN ACCORDANCE WITH SECTION ONE
 HUNDRED ONE-B OF THIS ARTICLE,  LISTING  THE  NAMES  OF  THE  AUTHORIZED
 WHOLESALERS  SHALL  BE  DEEMED  COMPLIANCE  WITH  THIS  REQUIREMENT. THE
 AUTHORIZED WHOLESALERS MAY BE CHANGED AT ANY TIME AT  OR  PRIOR  TO  THE
 TIME  A WHOLESALE PRICE POSTING IS TO BE FILED PURSUANT TO SUCH SECTION.
 IF THE PRIMARY AMERICAN SOURCE OF SUPPLY DOES NOT  LIST  ANY  AUTHORIZED
 WHOLESALERS,  ANY  LICENSED  WHOLESALER  MAY PURCHASE THE LIQUOR OR WINE
 FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY AND SELL THE  BRAND  IN  THIS
 STATE.
   4. EXCEPT AS SET FORTH IN SUBDIVISIONS SEVEN AND EIGHT OF THIS SECTION
 OR  SHIPMENTS  OF WINE OR LIQUOR FROM A PRIVATE COLLECTION MADE DIRECTLY
 TO A RESIDENT OF NEW YORK, NO ONE SHALL SHIP OR CAUSE TO BE SHIPPED INTO
 THIS STATE, NOR SHALL ANY WHOLESALER OR RETAILER IN THIS STATE  RECEIVE,
 ANY LIQUOR OR WINE UNLESS THE PRIMARY AMERICAN SOURCE OF SUPPLY FOR SUCH
 LIQUOR  OR  WINE  (I) HAS REGISTERED SUCH BRAND WITH THE AUTHORITY, (II)
 SUCH REGISTRATION HAS BEEN APPROVED BY  THE  AUTHORITY,  AND  (III)  THE
 BRAND  IS  PURCHASED  FROM  THE  PRIMARY AMERICAN SOURCE OF SUPPLY OR AN
 AUTHORIZED WHOLESALER.
   5. EXCEPT AS SET  FORTH  IN  SUBDIVISIONS  SEVEN  AND  EIGHT  OF  THIS
 SECTION, A WHOLESALER IN THIS STATE SHALL NOT PURCHASE, RECEIVE OR BE IN
 POSSESSION  OF  ANY  LIQUOR  OR  WINE UNLESS THE WHOLESALER OBTAINED THE
 LIQUOR OR WINE DIRECTLY FROM (I) A REGISTERED PRIMARY AMERICAN SOURCE OF
 SUPPLY, (II) A DESIGNATED REPRESENTATIVE OF THE PRIMARY AMERICAN  SOURCE
 OF  SUPPLY  IF  THE  PRIMARY  AMERICAN  SOURCE OF SUPPLY IS OUTSIDE THIS
 STATE, OR (III) AN AUTHORIZED WHOLESALER.
   6. NOTHING IN THIS SECTION SHALL  BE  DEEMED  TO  PROHIBIT  SUBSEQUENT
 INTRASTATE  SALES,  TRANSFER, AND INVOICING OF A BRAND OF LIQUOR OR WINE
 BETWEEN AUTHORIZED WHOLESALERS OF THAT BRAND SUBSEQUENT TO THE  PURCHASE
 IN THIS STATE FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY.
   7. THE AUTHORITY SHALL ALLOW A WHOLESALER TO BRING LIQUOR OR WINE INTO
 THIS  STATE  IF  THE  WHOLESALER  CERTIFIES  TO  THE SATISFACTION OF THE

 A. 5756--B                          3
 
 AUTHORITY THAT THE BRAND OF LIQUOR OR WINE COMES FROM A MANUFACTURER  OR
 BOTTLER  THAT CANNOT, OR HAS NOT AND WILL NOT APPOINT A PRIMARY AMERICAN
 SOURCE OF SUPPLY.
   8. THIS SECTION SHALL NOT APPLY TO (I) A BRAND OF LIQUOR OR WINE OWNED
 EXCLUSIVELY  BY ONE RETAILER AND SOLD AT RETAIL WITHIN THIS STATE EXCLU-
 SIVELY BY SUCH RETAILER; OR (II) A PRODUCT PURCHASED BY A WHOLESALER  OR
 RETAILER  FROM  A PRIVATE COLLECTION IN ACCORDANCE WITH SECTIONS EIGHTY-
 FIVE AND NINETY-NINE-G OF THIS CHAPTER CONSISTENT WITH THE RULES,  REGU-
 LATIONS, ORDERS AND ADVISORIES ESTABLISHED BY THE AUTHORITY.
   9.  THE AUTHORITY IS AUTHORIZED TO PERFORM SUCH ACTS, PRESCRIBE FORMS,
 AND MAKE RULES, REGULATIONS, ORDERS AND ADVISORIES AS IT MAY DEEM NECES-
 SARY OR PROPER TO  FULLY  EFFECTUATE  THE  PROVISIONS  OF  THIS  SECTION
 INCLUDING,  BUT  NOT LIMITED TO, ESTABLISHING A FORMAT FOR RECORDING THE
 PRIMARY AMERICAN SOURCE OF SUPPLY AND ITS DESIGNEES.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that 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
 and directed to be made and completed on or before such effective date.

co-Sponsors

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2019-A5756C - Details

See Senate Version of this Bill:: S3881
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:: A901, S703

2019-A5756C - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M. of A. WOERNER, D'URSO, ARROYO, LAVINE, BUTTENSCHON --
   Multi-Sponsored by -- M. of A. WALSH -- read once and referred to  the
   Committee  on  Economic  Development  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   establishing a primary American source of supply for liquor  and  wine
   sold in this state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 35 of section 3  of  the  alcoholic  beverage
 control  law is amended and two new subdivisions 23-a and 23-b are added
 to read as follows:
   23-A. "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER  OF
 LIQUOR  OR  WINE  OR  ITS  EXCLUSIVE  AGENT IN THE UNITED STATES IF SUCH
 LIQUOR OR WINE CAN BE SECURED DIRECTLY  FROM  THE  MANUFACTURER  OR  ITS
 EXCLUSIVE  AGENT  BY  A  WHOLESALER  IN THE UNITED STATES; OR (B) IF THE
 LIQUOR OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR  ITS
 EXCLUSIVE  AGENT,  THE SOURCE CLOSEST TO SUCH MANUFACTURER IN THE UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B. "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I)  WAS
 PURCHASED  AT  RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE TEN YEARS
 OLD AT THE TIME OF SALE, OR IF SPARKLING WINE, IS A MINIMUM  VINTAGE  OF
 FIFTEEN  YEARS OLD AT THE TIME OF SALE, AND (III) WAS OWNED BY A NON-LI-
 CENSED PERSON WITH PROOF OF PURCHASE, OR (IV) IS NOT PRICE POSTED IN NEW
 YORK AT THE TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS EITHER (I) NOT
 PRICE POSTED IN NEW YORK AT THE TIME OF  SALE,  (II)  IS  NO  LONGER  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01255-08-9

 A. 5756--C                          2
 
 PRODUCTION, OR (III) IS CONTAINED IN ITS ORIGINAL CERAMIC, LEAD, CRYSTAL
 OR  SIMILAR  COLLECTIBLE  SPECIALTY  CONTAINER  WHICH IS NO LONGER BEING
 OFFERED FOR SALE, OR (IV) WAS BOTTLED TEN YEARS PRIOR  TO  THE  DATE  OF
 SALE.
   35.  "Wholesaler" means any person who sells at wholesale any beverage
 for the sale of which a license is required under the provisions of this
 chapter. AN "AUTHORIZED WHOLESALER" IS  A  WHOLESALER  AUTHORIZED  BY  A
 PRIMARY AMERICAN SOURCE OF SUPPLY TO CARRY A SPECIFIC BRAND OF LIQUOR OR
 WINE IN THIS STATE.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 116-a to read as follows:
   § 116-A. PRIMARY AMERICAN SOURCE OF SUPPLY. 1.  THE  PRIMARY  AMERICAN
 SOURCE  OF  SUPPLY  AT  THE TIME THE WINE OR LIQUOR BECOMES SUITABLE FOR
 WHOLESALE OR RETAIL SALE IN NEW YORK OR A WHOLESALER LICENSED UNDER THIS
 CHAPTER WHO HAS BEEN APPOINTED ITS EXCLUSIVE  AGENT  FOR  SUCH  PURPOSE,
 SHALL  FILE  A  REGISTRATION  APPLICATION  WITH  THE  AUTHORITY ON FORMS
 PROVIDED BY THE AUTHORITY. EACH BRAND OF SUCH LIQUOR OR  WINE  SHALL  BE
 INDIVIDUALLY LISTED ON SUCH REGISTRATION.
   2.  THE  AUTHORITY  SHALL  ALLOW  ONLY  ONE PRIMARY AMERICAN SOURCE OF
 SUPPLY TO REGISTER ANY BRAND OF LIQUOR OR  WINE.  THE  PRIMARY  AMERICAN
 SOURCE  OF  SUPPLY  MAY CHANGE THE EXCLUSIVE AGENT ACTING AND CANCEL ANY
 AUTHORITY GRANTED TO A PRIOR AGENT BY FILING A  NEW  AUTHORIZATION  WITH
 THE  AUTHORITY  NOT  LESS  THAN  FORTY DAYS BEFORE THE NEW AUTHORIZATION
 BECOMES EFFECTIVE.
   3. A PRIMARY AMERICAN SOURCE OF SUPPLY OR ITS  EXCLUSIVE  AGENT  SHALL
 FILE  WITH THE AUTHORITY THE NAMES OF EACH AUTHORIZED WHOLESALER PERMIT-
 TED TO SELL EACH BRAND OF LIQUOR OR WINE SOLD  IN  THIS  STATE.  IF  THE
 PRIMARY  AMERICAN  SOURCE  OF SUPPLY IS A WHOLESALER, IT MAY LIST ITSELF
 AND OTHER WHOLESALERS AS A WHOLESALER AUTHORIZED TO SELL THE BRAND.  THE
 FILING  OF  A  WHOLESALE  PRICE  POSTING, IN ACCORDANCE WITH SECTION ONE
 HUNDRED ONE-B OF THIS ARTICLE,  LISTING  THE  NAMES  OF  THE  AUTHORIZED
 WHOLESALERS  SHALL  BE  DEEMED  COMPLIANCE  WITH  THIS  REQUIREMENT. THE
 AUTHORIZED WHOLESALERS MAY BE CHANGED AT ANY TIME AT  OR  PRIOR  TO  THE
 TIME  A WHOLESALE PRICE POSTING IS TO BE FILED PURSUANT TO SUCH SECTION.
 IF THE PRIMARY AMERICAN SOURCE OF SUPPLY DOES NOT  LIST  ANY  AUTHORIZED
 WHOLESALERS,  ANY  LICENSED  WHOLESALER  MAY PURCHASE THE LIQUOR OR WINE
 FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY AND SELL THE  BRAND  IN  THIS
 STATE.
   4. EXCEPT AS SET FORTH IN SUBDIVISIONS SEVEN AND EIGHT OF THIS SECTION
 OR  SHIPMENTS  OF WINE OR LIQUOR FROM A PRIVATE COLLECTION MADE DIRECTLY
 TO A RESIDENT OF NEW YORK, NO ONE SHALL SHIP OR CAUSE TO BE SHIPPED INTO
 THIS STATE, NOR SHALL ANY WHOLESALER OR RETAILER IN THIS STATE  RECEIVE,
 ANY LIQUOR OR WINE UNLESS THE PRIMARY AMERICAN SOURCE OF SUPPLY FOR SUCH
 LIQUOR  OR  WINE  (I) HAS REGISTERED SUCH BRAND WITH THE AUTHORITY, (II)
 SUCH REGISTRATION HAS BEEN APPROVED BY  THE  AUTHORITY,  AND  (III)  THE
 BRAND  IS  PURCHASED  FROM  THE  PRIMARY AMERICAN SOURCE OF SUPPLY OR AN
 AUTHORIZED WHOLESALER.
   5. EXCEPT AS SET  FORTH  IN  SUBDIVISIONS  SEVEN  AND  EIGHT  OF  THIS
 SECTION, A WHOLESALER IN THIS STATE SHALL NOT PURCHASE, RECEIVE OR BE IN
 POSSESSION  OF  ANY  LIQUOR  OR  WINE UNLESS THE WHOLESALER OBTAINED THE
 LIQUOR OR WINE DIRECTLY FROM (I) A REGISTERED PRIMARY AMERICAN SOURCE OF
 SUPPLY, (II) A DESIGNATED REPRESENTATIVE OF THE PRIMARY AMERICAN  SOURCE
 OF  SUPPLY  IF  THE  PRIMARY  AMERICAN  SOURCE OF SUPPLY IS OUTSIDE THIS
 STATE, OR (III) AN AUTHORIZED WHOLESALER.
   6. NOTHING IN THIS SECTION SHALL  BE  DEEMED  TO  PROHIBIT  SUBSEQUENT
 INTRASTATE  SALES,  TRANSFER, AND INVOICING OF A BRAND OF LIQUOR OR WINE

 A. 5756--C                          3

 BETWEEN AUTHORIZED WHOLESALERS OF THAT BRAND SUBSEQUENT TO THE  PURCHASE
 IN THIS STATE FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY.
   7. THE AUTHORITY SHALL ALLOW A WHOLESALER TO BRING LIQUOR OR WINE INTO
 THIS  STATE  IF  THE  WHOLESALER  CERTIFIES  TO  THE SATISFACTION OF THE
 AUTHORITY THAT THE BRAND OF LIQUOR OR WINE COMES FROM A MANUFACTURER  OR
 BOTTLER  THAT CANNOT, OR HAS NOT AND WILL NOT APPOINT A PRIMARY AMERICAN
 SOURCE OF SUPPLY.
   8. THIS SECTION SHALL NOT APPLY TO (I) A BRAND OF LIQUOR OR WINE OWNED
 EXCLUSIVELY BY ONE RETAILER AND SOLD AT RETAIL WITHIN THIS STATE  EXCLU-
 SIVELY  BY SUCH RETAILER; OR (II) A PRODUCT PURCHASED BY A WHOLESALER OR
 RETAILER FROM A PRIVATE COLLECTION IN ACCORDANCE WITH  SECTIONS  EIGHTY-
 FIVE  AND NINETY-NINE-G OF THIS CHAPTER CONSISTENT WITH THE RULES, REGU-
 LATIONS, ORDERS AND ADVISORIES ESTABLISHED BY THE AUTHORITY.
   9. THE AUTHORITY IS AUTHORIZED TO PERFORM SUCH ACTS, PRESCRIBE  FORMS,
 AND MAKE RULES, REGULATIONS, ORDERS AND ADVISORIES AS IT MAY DEEM NECES-
 SARY  OR  PROPER  TO  FULLY  EFFECTUATE  THE  PROVISIONS OF THIS SECTION
 INCLUDING, BUT NOT LIMITED TO, ESTABLISHING A FORMAT FOR  RECORDING  THE
 PRIMARY AMERICAN SOURCE OF SUPPLY AND ITS DESIGNEES.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  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
 and directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2019-A5756D (ACTIVE) - Details

See Senate Version of this Bill:: S3881
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, add §116-a, ABC L
Versions Introduced in 2021-2022 Legislative Session:: A901, S703

2019-A5756D (ACTIVE) - Summary

Requires that all wine and liquor sold in the state be received from a primary American source of supply; such a source shall be the manufacturer or its exclusive agent, when the wine or liquor can be secured from the manufacturer or its exclusive agent by a wholesaler in the United States; provides that primary American sources of supply shall register with the state liquor authority.

2019-A5756D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5756--D
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. WOERNER, D'URSO, ARROYO, LAVINE, BUTTENSCHON,
   GRIFFIN -- Multi-Sponsored by -- M. of  A.  WALSH  --  read  once  and
   referred  to  the  Committee  on  Economic  Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments,  ordered reprinted as amended and recommitted to said committee
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to said committee -- recommitted to the Committee on
   Economic Development in accordance with Assembly Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing  a  primary American source of supply for liquor and wine
   sold in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  35  of section 3 of the alcoholic beverage
 control law is amended and three new subdivisions 23-a,  23-b  and  23-c
 are added to read as follows:
   23-A.  "PRIMARY AMERICAN SOURCE OF SUPPLY" MEANS (A) A MANUFACTURER OF
 LIQUOR OR WINE OR ITS EXCLUSIVE AGENT  IN  THE  UNITED  STATES  IF  SUCH
 LIQUOR  OR  WINE  CAN  BE  SECURED DIRECTLY FROM THE MANUFACTURER OR ITS
 EXCLUSIVE AGENT BY A WHOLESALER IN THE UNITED  STATES;  OR  (B)  IF  THE
 LIQUOR  OR WINE CANNOT BE SECURED DIRECTLY FROM SUCH MANUFACTURER OR ITS
 EXCLUSIVE AGENT, THE SOURCE CLOSEST TO SUCH MANUFACTURER IN  THE  UNITED
 STATES WHEN THE BRAND ENTERS THE STREAM OF COMMERCE SHALL BE THE PRIMARY
 AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES.
   23-B.  "PRIVATE  COLLECTION"  MEANS  (A)  BOTTLED  WINE  THAT  (I) WAS
 PURCHASED AT RETAIL OR AUCTION, (II) IS AT MINIMUM A VINTAGE  TEN  YEARS
 OLD  AT  THE TIME OF SALE, OR IF SPARKLING WINE, IS A MINIMUM VINTAGE OF
 FIFTEEN YEARS OLD AT THE TIME OF SALE, AND (III) WAS OWNED BY A  NON-LI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01255-10-0

 A. 5756--D                          2
 
 CENSED PERSON WITH PROOF OF PURCHASE, OR (IV) IS NOT PRICE POSTED IN NEW
 YORK AT THE TIME OF SALE; OR (B) A BOTTLED LIQUOR THAT IS EITHER (I) NOT
 PRICE  POSTED  IN  NEW  YORK  AT  THE TIME OF SALE, (II) IS NO LONGER IN
 PRODUCTION, OR (III) IS CONTAINED IN ITS ORIGINAL CERAMIC, LEAD, CRYSTAL
 OR  SIMILAR  COLLECTIBLE  SPECIALTY  CONTAINER  WHICH IS NO LONGER BEING
 OFFERED FOR SALE, OR (IV) WAS BOTTLED TEN YEARS PRIOR  TO  THE  DATE  OF
 SALE.
   23-C. "NEGOCIANT" MEANS THIRD-PARTY WINE MERCHANTS BASED IN FRANCE WHO
 PURCHASE STOCK DIRECTLY FROM THE PRODUCER WITH THE AUTHORIZATION TO MASS
 DISTRIBUTE  AROUND  THE WORLD ON A NON-EXCLUSIVE BASIS TO ANY AUTHORIZED
 WHOLESALER TO ALLOW THE RESALE OF THE WINES  INTO  AS  MANY  MARKETS  AS
 POSSIBLE.
   35.  "Wholesaler" means any person who sells at wholesale any beverage
 for the sale of which a license is required under the provisions of this
 chapter. AN "AUTHORIZED WHOLESALER" IS  A  WHOLESALER  AUTHORIZED  BY  A
 PRIMARY AMERICAN SOURCE OF SUPPLY TO CARRY A SPECIFIC BRAND OF LIQUOR OR
 WINE IN THIS STATE.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 116-a to read as follows:
   § 116-A. PRIMARY AMERICAN SOURCE OF SUPPLY. 1. (A) THE PRIMARY  AMERI-
 CAN SOURCE OF SUPPLY AT THE TIME THE WINE OR LIQUOR BECOMES SUITABLE FOR
 WHOLESALE OR RETAIL SALE IN NEW YORK OR A WHOLESALER LICENSED UNDER THIS
 CHAPTER  WHO  HAS  BEEN  APPOINTED ITS EXCLUSIVE AGENT FOR SUCH PURPOSE,
 SHALL FILE A FORM PROVIDED BY THE AUTHORITY. EACH BRAND OF  SUCH  LIQUOR
 OR WINE SHALL BE INDIVIDUALLY LISTED ON SUCH REGISTRATION.
   (B)  FOR  WINES  PURCHASED  THROUGH  A NEGOCIANT, THE PRIMARY AMERICAN
 SOURCE OF SUPPLY IS ANY WHOLESALER LICENSED UNDER THIS CHAPTER WHO SHALL
 FILE A FORM PROVIDED BY THE AUTHORITY.
   2.  WITH THE EXCEPTION OF WINES PURCHASED  THROUGH  A  NEGOCIANT,  THE
 AUTHORITY  SHALL  ALLOW  ONLY  ONE  PRIMARY AMERICAN SOURCE OF SUPPLY TO
 REGISTER ANY BRAND OF LIQUOR OR WINE. THE  PRIMARY  AMERICAN  SOURCE  OF
 SUPPLY  MAY  CHANGE  THE EXCLUSIVE AGENT ACTING AND CANCEL ANY AUTHORITY
 GRANTED TO A PRIOR AGENT BY FILING A NEW AUTHORIZATION WITH THE AUTHORI-
 TY NOT LESS THAN FORTY DAYS BEFORE THE NEW AUTHORIZATION BECOMES  EFFEC-
 TIVE.
   3.  A  PRIMARY  AMERICAN SOURCE OF SUPPLY OR ITS EXCLUSIVE AGENT SHALL
 FILE WITH THE AUTHORITY THE NAMES OF EACH AUTHORIZED WHOLESALER  PERMIT-
 TED  TO  SELL  EACH  BRAND  OF LIQUOR OR WINE SOLD IN THIS STATE. IF THE
 PRIMARY AMERICAN SOURCE OF SUPPLY IS A WHOLESALER, IT  MAY  LIST  ITSELF
 AND  OTHER WHOLESALERS AS A WHOLESALER AUTHORIZED TO SELL THE BRAND. THE
 FILING OF A WHOLESALE PRICE POSTING,  IN  ACCORDANCE  WITH  SECTION  ONE
 HUNDRED  ONE-B  OF  THIS  ARTICLE,  LISTING  THE NAMES OF THE AUTHORIZED
 WHOLESALERS SHALL  BE  DEEMED  COMPLIANCE  WITH  THIS  REQUIREMENT.  THE
 AUTHORIZED  WHOLESALERS  MAY  BE  CHANGED AT ANY TIME AT OR PRIOR TO THE
 TIME A WHOLESALE PRICE POSTING IS TO BE FILED PURSUANT TO SUCH  SECTION.
 IF  THE  PRIMARY  AMERICAN SOURCE OF SUPPLY DOES NOT LIST ANY AUTHORIZED
 WHOLESALERS, ANY LICENSED WHOLESALER MAY PURCHASE  THE  LIQUOR  OR  WINE
 FROM  THE  PRIMARY  AMERICAN SOURCE OF SUPPLY AND SELL THE BRAND IN THIS
 STATE.
   4. EXCEPT AS SET FORTH IN SUBDIVISIONS SEVEN AND EIGHT OF THIS SECTION
 OR SHIPMENTS OF WINE OR LIQUOR FROM A PRIVATE COLLECTION  MADE  DIRECTLY
 TO A RESIDENT OF NEW YORK, NO ONE SHALL SHIP OR CAUSE TO BE SHIPPED INTO
 THIS  STATE, NOR SHALL ANY WHOLESALER OR RETAILER IN THIS STATE RECEIVE,
 ANY LIQUOR OR WINE UNLESS THE PRIMARY AMERICAN SOURCE OF SUPPLY FOR SUCH
 LIQUOR OR WINE (I) HAS REGISTERED SUCH BRAND WITH  THE  AUTHORITY,  (II)
 SUCH  REGISTRATION  HAS  BEEN  APPROVED  BY THE AUTHORITY, AND (III) THE

 A. 5756--D                          3
 
 BRAND IS PURCHASED FROM THE PRIMARY AMERICAN  SOURCE  OF  SUPPLY  OR  AN
 AUTHORIZED WHOLESALER.
   5.  EXCEPT  AS  SET  FORTH  IN  SUBDIVISIONS  SEVEN  AND EIGHT OF THIS
 SECTION, A WHOLESALER IN THIS STATE SHALL NOT PURCHASE, RECEIVE OR BE IN
 POSSESSION OF ANY LIQUOR OR WINE  UNLESS  THE  WHOLESALER  OBTAINED  THE
 LIQUOR OR WINE DIRECTLY FROM (I) A REGISTERED PRIMARY AMERICAN SOURCE OF
 SUPPLY,  (II) A DESIGNATED REPRESENTATIVE OF THE PRIMARY AMERICAN SOURCE
 OF SUPPLY IF THE PRIMARY AMERICAN  SOURCE  OF  SUPPLY  IS  OUTSIDE  THIS
 STATE, (III) AN AUTHORIZED WHOLESALER OR (IV) A NEGOCIANT.
   6.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO PROHIBIT SUBSEQUENT
 INTRASTATE SALES, TRANSFER, AND INVOICING OF A BRAND OF LIQUOR  OR  WINE
 BETWEEN  AUTHORIZED WHOLESALERS OF THAT BRAND SUBSEQUENT TO THE PURCHASE
 IN THIS STATE FROM THE PRIMARY AMERICAN SOURCE OF SUPPLY.
   7. THE AUTHORITY SHALL ALLOW A WHOLESALER TO BRING LIQUOR OR WINE INTO
 THIS STATE IF THE  WHOLESALER  CERTIFIES  TO  THE  SATISFACTION  OF  THE
 AUTHORITY  THAT THE BRAND OF LIQUOR OR WINE COMES FROM A MANUFACTURER OR
 BOTTLER THAT CANNOT, OR HAS NOT AND WILL NOT APPOINT A PRIMARY  AMERICAN
 SOURCE OF SUPPLY.
   8. THIS SECTION SHALL NOT APPLY TO (I) A BRAND OF LIQUOR OR WINE OWNED
 EXCLUSIVELY  BY ONE RETAILER AND SOLD AT RETAIL WITHIN THIS STATE EXCLU-
 SIVELY BY SUCH RETAILER; OR (II) A PRODUCT PURCHASED BY A WHOLESALER  OR
 RETAILER  FROM  A PRIVATE COLLECTION IN ACCORDANCE WITH SECTIONS EIGHTY-
 FIVE AND NINETY-NINE-G OF THIS CHAPTER CONSISTENT WITH THE RULES,  REGU-
 LATIONS, ORDERS AND ADVISORIES ESTABLISHED BY THE AUTHORITY.
   9.  THE AUTHORITY IS AUTHORIZED TO PERFORM SUCH ACTS, PRESCRIBE FORMS,
 AND MAKE RULES, REGULATIONS, ORDERS AND ADVISORIES AS IT MAY DEEM NECES-
 SARY OR PROPER TO  FULLY  EFFECTUATE  THE  PROVISIONS  OF  THIS  SECTION
 INCLUDING,  BUT  NOT LIMITED TO, ESTABLISHING A FORMAT FOR RECORDING THE
 PRIMARY AMERICAN SOURCE OF SUPPLY AND ITS DESIGNEES.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that 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
 and directed to be made and completed on or before such effective date.

Assembly Bill A5756D

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

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multi-Sponsors

2019-A5756 - Details

2019-A5756 - Summary

2019-A5756 - Bill Text download pdf

co-Sponsors

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2019-A5756A - Details

2019-A5756A - Summary

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2019-A5756B - Details

2019-A5756B - Summary

2019-A5756B - Bill Text download pdf

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2019-A5756C - Details

2019-A5756C - Summary

2019-A5756C - Bill Text download pdf

co-Sponsors

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2019-A5756D (ACTIVE) - Details

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Assembly Bill A5756D

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Sponsored By

WOERNER

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Anthony D'Urso

Carmen E. Arroyo

multi-Sponsors

Mary Beth Walsh

2019-A5756 - Details

2019-A5756 - Summary

2019-A5756 - Bill Text download pdf

co-Sponsors

Anthony D'Urso

Carmen E. Arroyo

Charles Lavine

multi-Sponsors

Mary Beth Walsh

2019-A5756A - Details

2019-A5756A - Summary

2019-A5756A - Bill Text download pdf

co-Sponsors

Anthony D'Urso

Carmen E. Arroyo

Charles Lavine

Marianne Buttenschon

multi-Sponsors

Mary Beth Walsh

2019-A5756B - Details

2019-A5756B - Summary

2019-A5756B - Bill Text download pdf

co-Sponsors

Anthony D'Urso

Carmen E. Arroyo

Charles Lavine

Marianne Buttenschon

multi-Sponsors

Mary Beth Walsh

2019-A5756C - Details

2019-A5756C - Summary

2019-A5756C - Bill Text download pdf

co-Sponsors

Anthony D'Urso

Carmen E. Arroyo

Charles Lavine

Marianne Buttenschon

multi-Sponsors

Mary Beth Walsh

2019-A5756D (ACTIVE) - Details

2019-A5756D (ACTIVE) - Summary

2019-A5756D (ACTIVE) - Bill Text download pdf

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