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Sponsors
Senator · Senate District 5
No co-sponsors yet.
History
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the shipment of wine to residents of the state
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7204
Title of bill
An act to amend the alcoholic beverage control law, in relation to the shipment of wine to residents
Purpose
To ensure proper protocols are followed to prevent delivery of alcoholic beverages to underage individuals.
Summary of provisions
§ 1- Amends subdivision 3 of § 79-c of the ABC Law to ensure that containers used for shipping wine are labeled properly and that proper identification is required upon delivery of such container regardless of the mode of purchase.
§ 2- Amends subdivision 1 of § 79-d of the ABC Law to ensure that containers used for shipping wine are labeled properly and that proper identification is required upon delivery of such container regardless of the mode of purchase.
§ 3- Amends subdivision 1 of § 102 of the ABC Law to require that any common carrier or other person bringing or carrying into the state packages that may contain alcoholic beverages shall verify the contents of such packages and, if such packages contain alcoholic beverages, such person or common carrier shall adhere to the shipping requirements set forth under § 79-c and § 79-d of the ABC Law or be guilty of a misdemeanor.
§ 4- Effective date.
Justification
When the U.S. Supreme Court held that the ban on direct shipment of wine from out-of-state wineries was unconstitutional Granholin v. Heald, 544 U.S. 460 (2005), and it was clear that New York State had to implement an interstate shipment of wine statute, it was imperative that the statute ensure that proper safeguards were put in place to deter underage drinking. Specifically, it was necessary to require that direct shipment licensed wineries sell their wines only to adults at least 21 years of age and that common carriers obtain a valid photo identification and signature before delivering any shipment of wine to the recipient. Chapter 210 of the Laws of 2005 addressing this matter included such language.
Current interpretation of the statute differentiates between the modes of purchase of wine for direct shipment with regard to the labeling of the wine shipping package and proof of age and signature upon delivery: This interpretation places the common carrier in danger of unknowingly violating Penal Law § 260.20 (2), unlawfully dealing with a Child in the first degree, and is a way for underage individuals, or anyone seeking to provide alcoholic beverages to underage individuals to circumvent the law.
This legislation would remedy this situation by requiring that containers used for shipping wine are labeled properly and proper
identification and signature is required upon delivery of such container regardless of the mode of purchase and by holding both interstate and intrastate shippers and the common carrier responsible for not adhering to the shipping requirements.
Legislative history
New Bill.
Fiscal implications
Minimal.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.