S T A T E O F N E W Y O R K
________________________________________________________________________
3132--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. LUPARDO, THIELE, STERN, BENDETT, MANKTELOW,
BARRETT, BUTTENSCHON, LUNSFORD, SANTABARBARA, MAGNARELLI, OTIS, ZINER-
MAN, DURSO, PALMESANO, MAHER, BRABENEC, SMULLEN, SIMPSON, FLOOD,
SIMON, CLARK, FAHY, DAVILA -- Multi-Sponsored by -- M. of A. LEVENBERG
-- 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
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 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:
§ 2. 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 THAT IS
EQUIVALENT IN CLASS AND/OR PRODUCTION CAPACITY PER YEAR TO THOSE
LICENSES AUTHORIZED TO MAKE DIRECT INTRASTATE LIQUOR SHIPMENTS UNDER
SECTION SIXTY-NINE OF THIS ARTICLE, 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 SHIPMENTS 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06487-04-3
A. 3132--A 2
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 SHIPMENTS 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
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;
A. 3132--A 3
(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-
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 CLASS A-1, CLASS B-1, CLASS C, OR CLASS D DISTILLER
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 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. 3132--A 4
(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
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.
§ 3. 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
A. 3132--A 5
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-
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
A. 3132--A 6
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-
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 MANUFACTURING 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
A. 3132--A 7
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
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.
§ 4. 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-
A. 3132--A 8
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
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;
A. 3132--A 9
(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-
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. 3132--A 10
(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
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.
§ 5. Subdivision 3 of section 79-c of the alcoholic beverage control
law, as amended by chapter 221 of the laws of 2011, is amended to read
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;
A. 3132--A 11
(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;
[(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.
§ 6. 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
A. 3132--A 12
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;
(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.
§ 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.