NY Alcoh Bev Ctrl L § 55-B (2021)
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.