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- Referred to investigations and government operations
- Referred to investigations and government operations
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 alcoholic beverages into the state
In Assembly Committee · Economic Development · Sponsor Carl Heastie
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3849
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 wholesaler for a period of 24 hours (i.e., "at-rest").
Summary of provisions
Section 1: Legislative purpose.
Section 2: Amends paragraph (a) of subdivision 1 of section 102 of the Alcoholic Beverage Control Law, 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: Provides for an effective date of January 1 next succeeding the date the bill becomes law.
Existing law
Under current law a licensed wholesaler of wine or distilled spirits can distribute to any licensed retailer even if such shipment is coming from a warehouse located in another state.
JUSTIFICATION:; This bill would have no impact on the current reciprocal direct shipment laws and would only seek to help to create thousands of new jobs in New York State and level the current playing field for our New York wine and distilled spirits wholesalers. Presently, 32 states have enacted an at-rest statute, such as proposed by this bill, and an additional 8 states have some form of at-rest requirements that have been imposed by regulation or are implied in the law.
When looking at practices in New York State, over 80% of the licensed wholesalers of wine and distilled spirits do not warehouse their products in New York State. In most cases they warehouse their product in states such as New Jersey and Connecticut. Many fiscal studies have shown that this has caused a dramatic loss in jobs in New York State and some estimates show that the enactment of an "at-rest" statute in New York State could create over 1,700 jobs and the creation of new warehousing facilities in New York State.
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 foreign 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 an "at-rest" facility in New York, facilitates the effective collection of New York's taxes on alcoholic beverages. Currently excise taxes (paid by wholesalers) is more difficult to collect when such alcoholic beverages are shipped from out of state. New York should seek to
capitalize on opportunities which ensure that tax revenues are collected for the State of New York.
Legislative history
S.6292 of 2006; Referred to Investigations & Government Operations S.1300 of 2007-2008 A.5077 of 2009-10 S.2473./A.2981 of 2011-12;
Referred to investigations & Government Operations
Fiscal implications
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.