What's happening
This bill allows electronic filing for brand label registrations and extends registration validity from one year to three years.
Why it matters
Streamlines the registration process. by allowing electronic filing, which can reduce paperwork, speed up approvals, and make it easier for businesses to comply with regulations.
Reduces administrative burden for businesses. by extending the brand label registration period from one year to three years, leading to less frequent renewals and potentially lowering compliance costs.
May introduce a new processing fee. (up to $10) for electronic filings, which could be paid either to the state authority or to a third-party provider, slightly increasing the cost for applicants but supporting digital infrastructure.
Aligns state and federal processes. by recognizing federal label approvals (from the Alcohol and Tobacco Tax and Trade Bureau) as valid for state registration, which can further expedite market entry for beverage producers.
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Who cares
Alcoholic beverage licensees registering labels
The bill would allow electronic filing and extend brand or trade name label registrations from one year to three years, while leaving annual registration fees in place.
State Liquor Authority
The bill would authorize electronic submissions for label applications, including federally approved labels, and permit a processing fee of up to $10 payable to the authority or a third-party provider.
Third-party filing service providers
The bill would allow them to receive a processing fee of up to $10 for brand or trade name label registration applications.
Headline styles
Allow Online Alcohol Label Filing
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
1 Co-sponsor
History
- Substituted by A8242
- Ordered to third reading cal.2059
- Committee discharged and committed to rules
- 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.
Allow Online Alcohol Label Filing
Signed by Governor · Sponsor Didi Barrett
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6120
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. MURPHY -- (at request of the State Liquor Authority) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to electronic filing and expanding brand label registrations from one year to three years
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section 107-a of the alcoholic beverage control law, as amended by chapter 354 of the laws of 2013, are amended to read as follows:
(1) The application for registration of a brand or trade name label shall be filed by certified mail return receipt requested, registered mail return receipt requested, [or] overnight delivery service with proof of mailing, or via electronic filing, on a form prescribed by the authority, and shall contain such information as the authority shall require. Such application shall be accompanied by the appropriate fee prescribed by paragraph (b) of this subdivision and may also require a processing fee of no more than ten dollars paid to either the authority or a third party provider.
(2) Provided, however, where a brand or trade name label has been approved by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of Treasury, it shall be deemed registered and approved by the authority if:
(i) the applicant submits on a form prescribed by the authority, by certified mail return receipt requested, registered mail return receipt requested, or overnight delivery service with proof of mailing, or via electronic filing, a true copy of the brand or trade name label approval issued by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of Treasury along with the appropriate fee as established in paragraph (b) of this subdivision; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10061-01-7
S. 6120 2
(ii) the authority does not deny such application within thirty days after receipt.
§ 2. Paragraph (b) of subdivision 4 of section 107-a of the alcoholic beverage control law, as amended by chapter 354 of the laws of 2013, is amended to read as follows:
(b) The annual fee for registration of any brand or trade name label for liquor shall be two hundred fifty dollars; the annual fee for registration of any brand or trade name label for beer or cider shall be one hundred fifty dollars; the annual fee for registration of any brand or trade name label for wine or wine products shall be fifty dollars. Such fee shall be in the form of a check or draft. No annual fee for registration of any brand or trade name label for wine shall be required if it has been approved by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of Treasury pursuant to this section.
Each brand or trade name label registration approved pursuant to this section shall be valid for a term of [one year] three years as set forth by the authority and which shall be pro-rated for partial years as applicable.
Each brand or trade name label registration approved pursuant to this section shall be valid only for the licensee to whom issued and shall not be transferable.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to electronic filing and expanding brand label registrations from one year to three years
Purpose
This bill would amend the Alcoholic Beverage Control Law ("ABCL") to permit brand label registration applications to be submitted electronically, and to permit a processing fee to be charged by the State Liquor Authority, or a third party provider, to those who file electronically. Currently, the law requires brand label registrations to be filed by certified mail, registered mail, or overnight mail. This bill would also require brand label registrations to be filed every three years rather than every year.
Summary of provisions
Section 1 of the bill would amend ABCL § 107-a(4)(a)(1) to add electronic filing to the list of available means for filing of brand label applications with the Authority, and would also allow the Authority to charge brand label applicants a processing fee payable either to the Authority or to a third party provider.
Section 2 of the bill would amend ABCL § 107-a(4)(a)(2) to add electronic filing to the list of available application filing methods for which applications are deemed registered and approved after 30 days of filing, absent objection by the Authority.
Section 3 of the bill would amend ABCL § 107-a(4)(b) to extend the duration of brand label registrations for alcoholic beverages from one year to three years.
Section 4 of the bill would make the amendment effective immediately.
Legislative history
This is a new bill.
Statement in support
ABCL § 107-a(4)(a)(1) currently allows for filing of brand label applications only via "certified mail return receipt requested, registered mail return receipt requested, or overnight delivery service with proof of mailing...." ABCL § 107-a(4)(a)(1) further requires that brand label applications be accompanied by the appropriate fee depending upon beverage type, but does not provide for a processing fee either paid to the Authority or to a third party provider. Finally, ABCL § 107-a(4)(b) currently limits the Authority to issuing alcoholic beverage brand label registrations for one year terms, which are to be pro-rated for partial years.
This bill would authorize the Authority to relieve regulatory and paperwork burdens on manufacturers and brand owners of alcoholic beverages, as well as on agency staff, by enabling the Authority to accept brand label applications via electronic filing, and to allow brand label registrations to be issued for three year periods. It will also enable the Authority to charge a processing fee for third party providers, thus allowing the Authority greater flexibility in budgeting for and implementing future possible electronic filing alternatives.
Budget implications
None. EFFECTIVE DATE : Effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.