2021 New York Laws
ABC - Alcoholic Beverage Control
Article 4 - Special Provisions Relating to Beer
55-B - Manner of Changing Beer Prices to Wholesalers and Retail Licensees.

§ 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 three percent of the final cash invoice amount to
reasonably remunerate such wholesaler for surcharges and  fees  incurred
for  business  payment  card payments, as provided for by paragraph j of
subdivision one of section one hundred one-aaa of this  chapter,  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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