Assembly Bill A5462

2013-2014 Legislative Session

Requires alcoholic beverages shipped from state that requires out of state shipments to be consigned to a licensee and stored, shall be so consigned and stored in this state

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5462 (ACTIVE) - Details

See Senate Version of this Bill:
S1070
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §102, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5077, S2779
2011-2012: A2981, S2473

2013-A5462 (ACTIVE) - Summary

Requires that alcoholic beverages shipped into this state from any state that requires out of state shipments of alcoholic beverages to be consigned to a licensee of that state and stored upon the premises of such licensee, shall be so consigned and stored in this state.

2013-A5462 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5462

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  shipment of alcoholic beverages into the state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 102 of
the alcoholic beverage control law, as amended by  chapter  210  of  the
laws of 2005, are amended to read as follows:
  (a)  (I) Except as provided in section seventy-nine-c of this chapter,
SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,  no
alcoholic  beverages  shall  be  shipped  into the state unless the same
shall be consigned to a person duly  licensed  [hereunder]  PURSUANT  TO
THIS  CHAPTER to traffic in alcoholic beverages. [This] EXCEPT AS OTHER-
WISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH,  THIS  prohibition
shall  apply to all shipments of alcoholic beverages into New York state
and includes importation or distribution for  commercial  purposes,  for
personal  use,  or otherwise, and irrespective of whether such alcoholic
beverages were purchased within or without the state, provided, however,
this prohibition shall not apply to any shipment consigned to a New York
resident who  has  personally  purchased  alcoholic  beverages  for  his
personal  use  while  outside  the United States for a minimum period of
forty-eight consecutive hours and which he has shipped as  consignor  to
himself  as  consignee.  Purchases  made  outside  the  United States by
persons other than the purchaser himself, regardless whether made as his
agent, or by his authorization or on his behalf, are deemed not to  have
been personally purchased within the meaning of this paragraph.
  (II)  WITH  RESPECT TO ANY STATE THAT PROHIBITS THE OUT-OF-STATE SHIP-
MENT OF ALCOHOLIC BEVERAGES TO ANYONE OTHER THAN A LICENSEE OF THE STATE
AND FURTHER REQUIRES THAT SUCH ALCOHOLIC BEVERAGES BE STORED AT A  PREM-
ISES OR WAREHOUSE LOCATED WITHIN SUCH STATE MAINTAINED BY SUCH LICENSEE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02254-01-3
              

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