S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5153
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. BENEDETTO, WOERNER, GRIFFIN, ROZIC, JEAN-PIERRE,
   REYES, STERN -- read once and referred to the  Committee  on  Economic
   Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   enacting the "beverage industry jobs act" relating 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. This act shall be known and may be cited as  the  "beverage
 industry jobs act".
   §  2. 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 citizens of New
 York state. The legislature also believes it is in the interest  of  the
 citizens  of  New York state to promote and support the state's wine and
 craft spirits industry, a growing industry that  is  helping  to  revive
 local  economies  in  many  areas of the state. Helping the producers of
 alcoholic beverages while ensuring that all taxes are properly  paid  on
 all  wine  and liquor sales in the state will increase economic activity
 in the city and state, ensure that jobs that have left the  state  as  a
 result  of  the  lack  of  such  a law will return to the state and will
 increase tax revenue for the state that is currently  going  unpaid  and
 unaudited.
   §  3.  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 and a new paragraph (a-1) is added 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  WARE-

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

                                                            LBD01263-01-1

 A. 5153                             2
 
 HOUSE  LOCATED IN THIS STATE THAT IS OWNED, RENTED OR LEASED BY A WHOLE-
 SALER 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 A PERIOD OF AT LEAST TWENTY-FOUR CONTINUOUS
 HOURS. This prohibition shall apply to all shipments of alcoholic bever-
 ages into New York state and includes importation  or  distribution  for
 commercial purposes, for personal use, or otherwise, and irrespective of
 whether  such  alcoholic  beverages were purchased within or without the
 state, provided, however, this prohibition shall not apply to any  ship-
 ment consigned to a New York resident who has personally purchased alco-
 holic 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 within the meaning of this
 paragraph.
   (A-1) ANY WINE OR DISTILLED SPIRITS PRODUCED IN THE STATE OF NEW  YORK
 ARE DEEMED TO BE IN COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (A) OF
 THIS SUBDIVISION.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.