S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          539
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the alcoholic beverage control law, in relation  to  the
         content of schedules to be transmitted to the liquor authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 3  of  section  101-b  of  the
    2  alcoholic  beverage  control  law,  as amended by section 1 of part E of
    3  chapter 56 of the laws of 2006, is amended to read as follows:
    4    (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
    5  retailer  unless a schedule, as provided by this section, is transmitted
    6  to and received by the liquor authority, and is  then  in  effect.  Such
    7  schedule  shall  be  transmitted  to the authority in such form, manner,
    8  medium and format as the authority may  direct;  shall  be  deemed  duly
    9  verified by the person submitting such schedule upon its transmission to
   10  the  authority;  and shall contain, with respect to each item, the exact
   11  brand or trade name, capacity of package, nature of  contents,  age  and
   12  proof where stated on the label, the number of bottles contained in each
   13  case,  the  bottle  and case price to retailers, the net bottle and case
   14  price paid by the seller, which prices, in each instance, shall be indi-
   15  vidual for each item and not  in  "combination"  with  any  other  item,
   16  PROVIDED  THAT  DIFFERENT  PRODUCTS  OR DIFFERENT SIZED BOTTLES FROM THE
   17  SAME MANUFACTURER MAY BE OFFERED IN SUCH  "COMBINATION",  the  discounts
   18  for  quantity,  if  any,  and the discounts for time of payment, if any.
   19  Such brand of liquor or wine shall not be sold to  retailers  except  at
   20  the  price  and discounts then in effect unless prior written permission
   21  of the authority is granted for good cause shown  and  for  reasons  not
   22  inconsistent  with  the  purpose of this chapter. Such schedule shall be
   23  transmitted by each manufacturer selling such brand to retailers and  by
   24  each wholesaler selling such brand to retailers.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01052-01-5