What's happening
This bill allows out-of-state retailers, not just wineries, to ship wine directly to New York residents under certain conditions.
Why it matters
Expands consumer choice. By allowing out-of-state retailers (not just wineries) to ship wine directly to New York residents, the bill could significantly increase the selection of wines available for purchase, including rare or specialty bottles not typically stocked by local stores.
Ensures reciprocity. The bill only allows out-of-state retailers to ship to New Yorkers if their home state permits New York retailers the same privilege, promoting a level playing field for New York businesses and encouraging other states to open up their markets.
Maintains regulatory safeguards. Out-of-state retailers must obtain a New York shipping license, adhere to annual case limits, and verify the age of the purchaser, helping to prevent illegal sales and ensure compliance with state alcohol regulations.
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Who cares
Headline styles
Expand Wine Shipping Access
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
4 Multi-sponsors
History
- Referred to economic development
- Referred to economic development
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.
Allow Reciprocal Wine Shipping
In Senate Committee · Finance · Sponsor Terrence P. Murphy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5991
2017-2018 Regular Sessions
IN ASSEMBLY
February 21, 2017
Introduced by M. of A. PAULIN, D'URSO, LUPARDO, GOTTFRIED, QUART, ZEBROWSKI, GRAF, LUPINACCI, McDONOUGH, MONTESANO, RAIA -- Multi-Sponsored by -- M. of A. M. L. MILLER, ORTIZ, THIELE, WALSH -- read once and referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to reciprocal wine shipping privileges
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 79-c of the alcoholic beverage control law, as amended by chapter 184 of the laws of 2005, is amended to read as follows:
1. Authorization. Notwithstanding any provision of law, rule or regulation to the contrary, any holder of a license to manufacture wine or any holder of a retail license to sell wine for off-premises consumption, 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 wine produced or sold 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 wine 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 or retail licensee and, provided further, that the state in which such out-of-state winery or retail premises is located affords to New York state winery and farm winery licensees or New York state retail licensees 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 wine 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08579-04-7
A. 5991 2
license is presented is authorized to make delivery of shipments provided for hereunder in this state in compliance with this section.
§ 2. Subdivision 2 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:
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 wine or its current retail license to sell wine for off-premises consumption in the applicant's state of domicile along with a copy of the applicant's federal basic permit 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 winery or retail licensee from the submission of such information.
§ 3. Paragraph (a) of 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:
(a) ship no more than thirty-six cases (no more than nine liters each case) per year of wine produced or sold 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;
§ 4. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.