S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8789
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 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 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,  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 SHIP-
 MENTS 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 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  SHIP-
 MENTS  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02947-07-2
 S. 8789                             2

 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
 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;
 S. 8789                             3
 
   (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 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  RESI-
 DENT'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
 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
 S. 8789                             4
 
 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.
   §  2.  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
 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-
 S. 8789                             5
 
 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
 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-
 S. 8789                             6
 
 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  MANUFACTURERING  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;
   (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
 S. 8789                             7
 
 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.
   §  3.  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-
 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
 S. 8789                             8
 
 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
 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;
 S. 8789                             9
 
   (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-
 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
 S. 8789                            10
 
 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.
   § 4. Subdivision 3 of section 79-c of the alcoholic  beverage  control
 law,  as  amended  by  chapter  221  of  the laws of 2011, is amended 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
 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;
 S. 8789                            11
 
   [(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.
   § 5. 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.
   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;
 S. 8789                            12

   (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.
   § 6. 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:
   § 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.