2006 New York Code - Registration Of Distributors.

 
    * §  421.  Registration of distributors. 1. General. The commissioner,
  upon the application of a distributor, shall register  such  distributor
  in  suitable  books  to  be  kept  by  the  department for that purpose,
  conditioned upon the obtaining of appropriate licenses pursuant  to  the
  alcoholic  beverage  control  law,  and  the continuance of such license
  shall be a continuing condition of registration as a  distributor  under
  this  article.  The application shall be in a form and contain such data
  as  the  commissioner  shall  prescribe.  No  distributor,   unless   so
  registered,  shall  make  any  sale  of  alcoholic beverages within this
  state, except a sale, if any, as to which this state is without power to
  impose such condition. No person, unless so registered, shall (i) import
  or cause any liquors to be imported in this state for sale or use within
  this state, (ii) purchase a  warehouse  receipt  and  pursuant  to  such
  purchase then cause liquors covered by such receipt to be removed from a
  warehouse in this state or (iii) except in accordance with clause (i) or
  (ii) of paragraph (b) of subdivision four of section four hundred twenty
  of this article, produce, distill, manufacture, compound, mix or ferment
  any such liquors within this state for sale. Provided, however, that the
  commissioner  may  exclude from registration requirements any person who
  is a distributor of liquors solely by reason  of  the  importation  into
  this  state  of  no more than ninety liters of liquors during a one-year
  period for such person's personal use and consumption to register  as  a
  distributor   with   respect  to  liquor.  Provided,  further,  that  an
  abbreviated registration in the from of a permit, without a bond, may be
  instituted by the  commissioner  for  the  purpose  of  authorizing  the
  importation of up to three hundred sixty liters of liquors per year into
  this  state  by  an  individual  for  such individual's personal use and
  consumption in this state.
    2.  Temporary  restraining  order  and  permanent  injunction  against
  unlawful importation and a forfeiture of unlawfully imported or produced
  liquors.    (a)  In  an  action  commenced  pursuant to this subdivision
  whenever evidence is furnished by the commissioner showing a substantial
  likelihood that a person not registered as a distributor as required  by
  this  article  has  imported  or  may  import liquors into this state or
  caused or may cause liquors to be imported into this state for  sale  or
  use  in this state or has produced, distilled, manufactured, compounded,
  mixed or fermented or may produce, distill, manufacture,  compound,  mix
  or  ferment  liquors  within  the  state or, pursuant to a purchase of a
  warehouse receipt, has caused or  may  cause  liquors  covered  by  such
  receipt  to be removed from a warehouse in this state, the court, taking
  into consideration the fungible nature  of  such  liquors,  may  make  a
  temporary  order  without  notice prohibiting such person and his agents
  from selling, transferring or otherwise disposing of any liquors or  any
  liquors  and  also  prohibiting  all  other  persons in possession of or
  having control over the same from selling,  releasing,  transferring  or
  otherwise  disposing  of  any liquors imported or caused to be imported,
  produced, distilled, manufactured, compounded, mixed or fermented,  sold
  or  transferred  or  removed  by such person not so registered pending a
  hearing for a preliminary injunction.
    (b) Upon granting a temporary order, the court  shall  direct  that  a
  hearing  be  held  at  the  earliest  possible time upon such notice and
  service as the court shall direct. Where, after such opportunity  for  a
  hearing,  the  court  determines  that  there  is  a likelihood that the
  commissioner will  prevail  in  such  action,  the  court  may  grant  a
  preliminary  injunction restraining the sale, release, transfer or other
  disposition of liquors subject to the temporary order.
    (c) (1) Whenever the commissioner shall discover that any  person  not
  registered  as  a  distributor  as required by this article has imported
  liquors into this state or caused liquors to be imported into this state
  for sale or use in this state or has produced, distilled,  manufactured,
  compounded,  mixed or fermented liquors within the state or, pursuant to
  a  purchase  of  a warehouse receipt, has caused liquors covered by such
  receipt to be removed from a warehouse in this state,  the  commissioner
  may  commence  an action in supreme court for a permanent injunction and
  forfeiture of liquors. If it is established by a  preponderance  of  the
  evidence  that  liquors were imported or caused to be imported into this
  state  for  sale  or  use  in  this  state,  were  produced,  distilled,
  manufactured,  compounded,  mixed  or  fermented,  or  were caused to be
  removed from a warehouse in this state by the purchaser of  a  warehouse
  receipt  with respect to such liquors, by any person not registered as a
  distributor, as required by  this  article,  the  court  shall  grant  a
  judgment  (i)  permanently  enjoining  such  person  and his agents from
  selling, transferring or otherwise disposing of any such liquors or  any
  liquors  within  this  state  and  (ii)  declaring the forfeiture of any
  liquors  that  were  so  imported,  caused  to  be  imported,  produced,
  distilled, manufactured, compounded, mixed, fermented or removed by such
  person.
    (2) With respect to liquors that were imported, caused to be imported,
  produced,  distilled,  manufactured,  compounded,  mixed,  fermented  or
  removed by a person not registered as a distributor as required by  this
  article  or  that were unlawfully sold or transferred by such person, if
  it is established by a preponderance of  the  evidence  that  any  other
  person  in  possession  of or having control over such liquors was not a
  purchaser or transferee in good faith of such liquors  with  respect  to
  the  fact  that  such  liquors  were so imported, caused to be imported,
  produced,  distilled,  manufactured,  compounded,  mixed,  fermented  or
  removed  by a person not registered as a distributor as required by this
  article or that such liquors were so unlawfully sold or  transferred  by
  such  person, the court shall grant a judgment (i) permanently enjoining
  such other person and such  person's  agents  from  selling,  releasing,
  transferring  or  otherwise  disposing  of  any  such  liquors  and (ii)
  declaring the forfeiture of such liquors in the possession or under  the
  control of such other person.
    (d)  The  commissioner  may, at any time subsequent to the granting of
  the temporary order pursuant to paragraph (a) of this subdivision,  with
  the  approval of the court, consent to a sale of liquors subject to such
  temporary order which is in the possession or under  the  control  of  a
  person  other  than  the person or the agent of the person who imported,
  caused to be imported, produced,  distilled,  manufactured,  compounded,
  mixed,  fermented,  removed  or  unlawfully  sold  or  transferred  such
  liquors. As a condition of granting permission  to  a  sale  of  liquors
  pursuant to this subdivision, the commissioner shall require the payment
  of  all  taxes,  penalties  and  interest imposed by and pursuant to the
  authority of this chapter with respect to such liquors.
    (e) (1) At any time during  the  pendency  of  an  action  under  this
  section,  the  liquors  subject to a temporary, preliminary or permanent
  order hereunder may be released from the scope of such order if there is
  given an undertaking, in an amount equal to the  market  value  of  such
  liquors  plus  any  excise,  state  and  local sales and use and federal
  excise taxes, to the effect that there will be paid to the  commissioner
  the  amount  of  the  market value of such liquors and such taxes in the
  event that such liquors are adjudged forfeited.
    (2) Any  person  enjoined  by  a  temporary  order  or  a  preliminary
  injunction   issued   pursuant  to  this  subdivision  or  other  person
  interested in any such liquors may move at any time, on  notice  to  all
  parties, to vacate or modify it.
    (f)  The  procedures of the civil practice law and rules applicable to
  temporary restraining  orders,  preliminary  injunctions  and  permanent
  injunctions  not  inconsistent  with  this  subdivision  shall  apply to
  temporary orders,  preliminary  injunctions  and  permanent  injunctions
  issued  under  this  subdivision. The procedural provisions set forth in
  paragraph three of subdivision (d) and in  subdivision  (j)  of  section
  eighteen   hundred  forty-five  of  this  chapter  shall  apply  to  the
  forfeiture proceedings under this  subdivision  and,  in  respect  to  a
  declaration  of  forfeiture under this subdivision, the court may direct
  the commissioner to sell or otherwise dispose of such forfeited  liquors
  on  such  conditions  the  commissioner deems most advantageous and just
  under the circumstances. The commissioner shall not be required to  file
  any   undertaking   in  connection  with  an  action  pursuant  to  this
  subdivision.
    * NB Effective until October 31, 2007
    * § 421. Registration of distributors. The department of taxation  and
  finance,  upon  the  application  of  a distributor, shall register such
  distributor in suitable books to be kept  by  the  department  for  that
  purpose. The application shall be in a form and contain such data as the
  department  of  taxation  and  finance  shall prescribe. No distributor,
  unless so registered, shall make any sale of alcoholic beverages  within
  this  state,  except  a  sale, if any, as to which this state is without
  power to impose such condition.
    * NB Effective October 31, 2007