NY State Senate Bill 2021-S386

Senate Bill S386

2021-2022 Legislative Session

Relates to the shipment of alcoholic beverages into the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 06, 2021	referred to investigations and government operations

co-Sponsors

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2021-S386 (ACTIVE) - Details

See Assembly Version of this Bill:: A5153
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §102, ABC L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5989, A8210
2023-2024: S6724, A7907

2021-S386 (ACTIVE) - Summary

Requires that alcoholic beverages imported into New York be first delivered to a licensed New York state wholesaler and maintained at a premises or warehouse operated by the wholesaler for a period of twenty-four hours.

2021-S386 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S386

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

To require that alcoholic beverages imported into New York be first
delivered to a licensed New York State wholesaler and maintained at a
premises or warehouse operated by wholesaler for a period of 24 hours
(i.e., "at-rest").

 
SUMMARY OF PROVISIONS:

Section 1: Legislative purpose.

Section 2: Amends paragraph (a) of subdivision 1 of section 102 of the

Alcoholic Beverage Control Law, to require that, in certain circum-
stances, alcoholic beverages shipped into the State from out-of-state
locations be shipped to a licensed New York wholesaler and maintained at
a premises or warehouse operated by such wholesaler.  A Print Specif-
ically exempts products produced within New York from the requirements
of this act.

Section 3: Provides for an effective date of January 1 next succeeding
the date the bill becomes law.

 
EXISTING LAW:

Under current law a licensed wholesaler of wine or distilled spirits can
distribute to any licensed retailer even if such shipment is coming from
a warehouse located in another state.

 
JUSTIFICATION:

This bill would have no impact on the current reciprocal direct shipment
laws and would only seek to help to create thousands of new jobs in New
York State and level the current playing field for our New York wine and
distilled spirits wholesalers. Presently, 32 states have enacted an
at-rest statute, such as proposed by this bill, and an additional eight
states have some form of at-rest requirements that have been imposed by
regulation or are implied in the law.

When looking at practices in New York State, over 80% of the licensed
wholesalers of wine and distilled spirits do not warehouse their
products in New York State. In most cases they warehouse their product
in states such as New Jersey and Connecticut. Many fiscal studies have
shown that this has caused a dramatic loss in jobs in New York State and
some estimates show that the enactment of an Hat-rest" statute in New
York State could create over 1,700 jobs and the creation of new ware-
housing facilities in New York State, generate millions in revenue and
ensure that consumers are not getting counterfeit beverage alcohol.

Unlike out-of-state shippers who can deliver alcohol directly to New
York retailers, New York distributors are not afforded the same luxury
in many states, denying them the same competitive opportunities as their
foreign competitors. This legislation "levels the playing field" between
New York businesses and out of state businesses whose state requires the
warehousing of alcoholic beverages delivered from New York. Moreover,
requiring the shipment of alcoholic beverages to an "at-rest" facility
in New York, facilitates the effective collection of New York's taxes on
alcoholic beverages. Currently excise taxes (paid by wholesalers) is
more difficult to collect when such alcoholic beverages are shipped from
out of state. New York should seek to capitalize on opportunities which
ensure that tax revenues are collected for the State of New York.  With
New York State on the verge of legalizing cannabis use for adults,
legislators And regulators alike are looking for a streamline d model of
wholesale manufacturing And management. The Wine and Liquor industry
should be designed to be the gold standard of product ions which expand
both job creation and revenue generation.

 
LEGISLATIVE HISTORY:

S. 5989A/A. 8210A of 2019/20; Referred to Senate Investigations and
Government Operations Committee

S.6292 of 2006;

S.1300 of 2007-2008

A.5077 of 2009-10

S.2473./A.2981 of 2011-12;

 
FISCAL IMPLICATIONS:

Increased tax revenues for the State.

 
EFFECTIVE DATE:
The first of January next succeeding the date the bill becomes law.

2021-S386 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    386
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01263-01-1

 S. 386                              2
 
 RETAIL  LICENSEE OTHER THAN FROM INVENTORY STORED AT A PREMISES OR WARE-
 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.

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Senate Bill S386

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Sponsored By

Anna M. Kaplan

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

James Gaughran

Robert Jackson

Jessica Ramos

Gustavo Rivera

2021-S386 (ACTIVE) - Details

2021-S386 (ACTIVE) - Summary

2021-S386 (ACTIVE) - Sponsor Memo

2021-S386 (ACTIVE) - Bill Text download pdf

Comments