2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 4 - (50 - 57-A) SPECIAL PROVISIONS RELATING TO BEER
55-B - Manner of changing beer prices to wholesalers and retail licensees.


NY Alcoh Bev Ctrl L § 55-B (2012) What's This?
 
    § 55-b. Manner  of  changing  beer  prices  to  wholesalers and retail
  licensees. 1. It is hereby declared as the policy of the state that  the
  sale  and distribution of beer shall be subject to certain restrictions,
  prohibitions and regulations which tend to maintain  an  orderly  market
  and  prevent destructive competition. The necessity of the provisions of
  this section is therefore declared as a matter of legislative necessity.
    2. No brewer or beer wholesaler may increase the price per case, draft
  package or special package of beer sold to beer  wholesalers  or  retail
  licensees  until at least one hundred eighty days have elapsed since his
  last price decrease on such case,  draft  package  or  special  package,
  provided,  however,  that the brewer or beer wholesaler may increase any
  price established by him at any time in the amount  of  any  direct  tax
  increase on beer, or on containers thereof, actually paid by such brewer
  or  beer  wholesaler, and provided further, however, that if a brewer or
  beer wholesaler has increased his price to beer wholesalers at any  time
  pursuant  to the provisions hereof, the beer wholesaler may increase the
  price established by him on such package  in  an  amount  equal  to  the
  direct  price increase to the beer wholesaler. The price per case, draft
  package or special package of beer sold to beer  wholesalers  or  retail
  licensees  on the first day of the month following the effective date of
  this act shall be  deemed  the  base  price,  to  or  from  which  price
  increases  or decreases may be made in accordance with the provisions of
  this section.
    3. The  authority  is  authorized  and  empowered  to  do  such  acts,
  prescribe  such  forms  and  adopt  rules and regulations as it may deem
  necessary or proper to carry into effect the purpose and  provisions  of
  this section and to prevent circumvention or evasion thereof.
    Without  limiting  the generality of the foregoing, and in addition to
  its other powers, the authority may, in its discretion, adopt  rules  or
  regulations:
    a. Particularizing the standards of packaging which constitute a case,
  special package and draft package of beer.
    b.  Defining  the guidelines relating to "price" within the purview of
  this section which guidelines may provide, without  limitation  thereto,
  that,
    (1) Whenever a brewer or beer wholesaler decreases his price per case,
  draft  package  or special package of beer to beer wholesalers, the beer
  wholesaler may decrease his price to retail licensees  on  such  reduced
  item  or  items by no more than the amount in dollars and cents by which
  the brewer or beer wholesaler has decreased the price  per  case,  draft
  package or special package to the beer wholesaler.
    (2)  Whenever  the price per case, draft package or special package of
  beer is increased to retail licensees by action of the  brewer  or  beer
  wholesaler following a price decrease, the brewer or beer wholesaler may
  not  increase  its  price  to  retailers  on any item or items more than
  one-half of the price decrease previously granted, nor may the brewer or
  beer wholesaler selling such  item  or  items  to  the  beer  wholesaler
  increase  its  price  to  such beer wholesaler more than one-half of the
  price decrease previously granted, provided, however, such  restrictions
  on  price increases by both brewers and beer wholesalers shall remain in
  effect for the period of one hundred eighty days.
    (3) Whenever a brewer or beer wholesaler lowers its  price  per  case,
  draft  package  or special package of beer to any beer wholesaler in New
  York state it must lower its price on each item or  items  by  the  same
  amount  to  all  beer wholesalers throughout New York state to whom such
  item or items is offered for sale.
    (4) Whenever a brewer or beer wholesaler, following a price  decrease,
  raises  its  price per case, draft package or special package of beer to

  any beer wholesaler in New York state it must raise its  price  on  each
  item  or items by the same amount to all beer wholesalers throughout New
  York state to whom such item or items are offered for sale.
    c.  Providing  that  for  good  cause  shown  to its satisfaction, the
  authority may grant waivers to  licensees  adversely  affected  by  this
  section,  under  such  terms  and  conditions  as  the  authority  deems
  appropriate.
    d. Requiring licensees to file with the authority  reports  certifying
  their  prices of beer, the dates of any changes in the price of any item
  of beer, and such other matters as the authority may determine from time
  to time to be necessary to disclose accurately the price of beer  during
  the  previous  twelve  months  and  requiring  licensees  to keep forms,
  records and memoranda prescribed by the authority.
    4.  For  the  purpose  of  defraying  the  expenses  incurred  in  the
  administration  of this section, there shall be paid to the authority by
  each  person  hereafter  applying  for  a  license  as  brewer  or  beer
  wholesaler  the  following sums: brewer whose annual production is sixty
  thousand barrels per year or more, one thousand  dollars;  brewer  whose
  annual  production  is  less  than  sixty thousand barrels per year, one
  hundred dollars; beer wholesaler, one hundred dollars. A like sum  shall
  be paid by each person hereafter applying for the issuance or renewal of
  any  such  license  and such sum shall accompany the application and the
  license fee prescribed by this  chapter  for  such  license  or  renewal
  thereof,  as  the  case  may be. The sums prescribed by this subdivision
  shall not be pro-rated for any portion of the license fee and shall have
  no refund value.
    5. For any violation of any provision of this section or of  any  rule
  or  regulation  duly  promulgated  under  this section the authority may
  revoke, cancel or suspend a license or recover, as provided  in  section
  one  hundred  twelve of this chapter, the penal sum of the bond filed by
  the licensee.

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