S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7907
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 19, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   enacting  the "beverage industry jobs act" relating to the shipment of
   alcoholic beverages into the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "beverage
 industry jobs act".
   § 2. Legislative purpose. The legislature finds and declares that  the
 proper  regulation and control of the manufacture, sale and distribution
 of alcoholic beverages is in the best interest of the  citizens  of  New
 York  state.  The legislature also believes it is in the interest of the
 citizens of New York state to promote and support the state's  wine  and
 craft  spirits  industry,  a  growing industry that is helping to revive
 local economies in many areas of the state.  Helping  the  producers  of
 alcoholic  beverages  while ensuring that all taxes are properly paid on
 all wine and liquor sales in the state will increase  economic  activity
 in  the  city  and state, ensure that jobs that have left the state as a
 result of the lack of such a law will  return  to  the  state  and  will
 increase  tax  revenue  for the state that is currently going unpaid and
 unaudited.
   § 3. Paragraph (a) of subdivision 1 of section 102  of  the  alcoholic
 beverage  control law, as amended by chapter 210 of the laws of 2005, is
 amended and a new paragraph (a-1) is added to read as follows:
   (a) Except as provided in section seventy-nine-c of this  chapter,  no
 alcoholic  beverages  shall  be  shipped  into the state unless the same
 shall be consigned to a person duly licensed  hereunder  to  traffic  in
 alcoholic beverages. NO SUCH ALCOHOLIC BEVERAGES SHALL BE DELIVERED TO A
 RETAIL  LICENSEE OTHER THAN FROM INVENTORY STORED AT A PREMISES OR WARE-
 HOUSE LOCATED IN THIS STATE THAT IS OWNED, RENTED OR LEASED BY A  WHOLE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11186-01-3
              

 A. 7907                             2
 
 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.