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- Referred to investigations and government operations
- Referred to investigations and government operations
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Sponsor's memo
BILL NUMBER:S1393
Title of bill
An act to amend the alcoholic beverage control law, in relation 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 such wholesaler for a period of at least 48 hours (i.e., "at-rest") if the out-of-state shipment emanates from a state which also has an "at-rest" statutory requirement.
Summary of provisions
Section 1 includes the Legislative Purpose to allow the State Liquor Authority or Department of Tax and Finance to verify the legality and ensure proper payment of taxes.
Section 2 amends paragraphs (a) and of subdivision 1 of section 102 of the Alcoholic Beverage Control Law, as amended by chapter 210 of the laws of 2005, to require that, in certain circumstances, 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.
Section 3 of the bill provides an effective date of January 1 next succeeding the date the bill becomes law.
Justification
Under current New York Law, out-of-state alcoholic shipments can be made by out of state wholesalers directly to New York retailers, despite the fact that many states outside of New York prohibit such direct shipments to retail licensees in their respective states. In fact, many of the states surrounding New York (e.g. New Jersey, Connecticut as well as upwards of 32 other states) have laws which require that alcohol shipped into the state from out-of-state suppliers be shipped to a licensed wholesaler within the state and maintained at a premises operated by such wholesaler for a minimum period of time -commonly referred to as "at-rest" laws, in the case of this legislation, the period is no less than forty eight hours. This requirement from states bordering New York, clearly puts New York businesses who wish to ship to neighboring states at a competitive disadvantage. This legislation simply establishes a reciprocal "at-rest" provision of law putting us on even footing.
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 neighboring 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 be Hat-rest" in New York, facilitates the effective collection of New York's taxes on alcoholic beverages. Currently, the collection of
excise taxes (paid by wholesalers) is more difficult when the alcohol is shipped from out of state.
Legislative history
New Legislation
Fiscal implications
No Cost to NYS or NYC with the possibility of Increased tax revenues for the State.
Effective date
The first of January next succeeding the date the bill becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.