§ 55-B — Manner of changing beer prices to wholesalers and retail licensees

§ 55-b. Manner of changing beer prices to wholesalers and retail\nlicensees. 1. It is hereby declared as the policy of the state that the\nsale and distribution of beer shall be subject to certain restrictions,\nprohibitions and regulations which tend to maintain an orderly market\nand prevent destructive competition. The necessity of the provisions of\nthis section is therefore declared as a matter of legislative necessity.\n 2. No brewer or beer wholesaler may increase the price per case, draft\npackage or special package of beer sold to beer wholesalers or retail\nlicensees until at least one hundred eighty days have elapsed since his\nlast price decrease on such case, draft package or special package,\nprovided, however, that the brewer or beer wholesaler may increase any\nprice established by him at any time in the amount of any direct tax\nincrease on beer or three percent of the final cash invoice amount to\nreasonably remunerate such wholesaler for surcharges and fees incurred\nfor business payment card payments, as provided for by paragraph j of\nsubdivision one of section one hundred one-aaa of this chapter, or on\ncontainers thereof, actually paid by such brewer or beer wholesaler, and\nprovided further, however, that if a brewer or beer wholesaler has\nincreased his price to beer wholesalers at any time pursuant to the\nprovisions hereof, the beer wholesaler may increase the price\nestablished by him on such package in an amount equal to the direct\nprice increase to the beer wholesaler. The price per case, draft package\nor special package of beer sold to beer wholesalers or retail licensees\non the first day of the month following the effective date of this act\nshall be deemed the base price, to or from which price increases or\ndecreases may be made in accordance with the provisions of this section.\n 3. The authority is authorized and empowered to do such acts,\nprescribe such forms and adopt rules and regulations as it may deem\nnecessary or proper to carry into effect the purpose and provisions of\nthis section and to prevent circumvention or evasion thereof.\n Without limiting the generality of the foregoing, and in addition to\nits other powers, the authority may, in its discretion, adopt rules or\nregulations:\n a. Particularizing the standards of packaging which constitute a case,\nspecial package and draft package of beer.\n b. Defining the guidelines relating to "price" within the purview of\nthis section which guidelines may provide, without limitation thereto,\nthat,\n (1) Whenever a brewer or beer wholesaler decreases his price per case,\ndraft package or special package of beer to beer wholesalers, the beer\nwholesaler may decrease his price to retail licensees on such reduced\nitem or items by no more than the amount in dollars and cents by which\nthe brewer or beer wholesaler has decreased the price per case, draft\npackage or special package to the beer wholesaler.\n (2) Whenever the price per case, draft package or special package of\nbeer is increased to retail licensees by action of the brewer or beer\nwholesaler following a price decrease, the brewer or beer wholesaler may\nnot increase its price to retailers on any item or items more than\none-half of the price decrease previously granted, nor may the brewer or\nbeer wholesaler selling such item or items to the beer wholesaler\nincrease its price to such beer wholesaler more than one-half of the\nprice decrease previously granted, provided, however, such restrictions\non price increases by both brewers and beer wholesalers shall remain in\neffect for the period of one hundred eighty days.\n (3) Whenever a brewer or beer wholesaler lowers its price per case,\ndraft package or special package of beer to any beer wholesaler in New\nYork state it must lower its price on each item or items by the same\namount to all beer wholesalers throughout New York state to whom such\nitem or items is offered for sale.\n (4) Whenever a brewer or beer wholesaler, following a price decrease,\nraises its price per case, draft package or special package of beer to\nany beer wholesaler in New York state it must raise its price on each\nitem or items by the same amount to all beer wholesalers throughout New\nYork state to whom such item or items are offered for sale.\n c. Providing that for good cause shown to its satisfaction, the\nauthority may grant waivers to licensees adversely affected by this\nsection, under such terms and conditions as the authority deems\nappropriate.\n d. Requiring licensees to file with the authority reports certifying\ntheir prices of beer, the dates of any changes in the price of any item\nof beer, and such other matters as the authority may determine from time\nto time to be necessary to disclose accurately the price of beer during\nthe previous twelve months and requiring licensees to keep forms,\nrecords and memoranda prescribed by the authority.\n 4. For the purpose of defraying the expenses incurred in the\nadministration of this section, there shall be paid to the authority by\neach person hereafter applying for a license as brewer or beer\nwholesaler the following sums: brewer whose annual production is sixty\nthousand barrels per year or more, one thousand dollars; brewer whose\nannual production is less than sixty thousand barrels per year, one\nhundred dollars; beer wholesaler, one hundred dollars. A like sum shall\nbe paid by each person hereafter applying for the issuance or renewal of\nany such license and such sum shall accompany the application and the\nlicense fee prescribed by this chapter for such license or renewal\nthereof, as the case may be. The sums prescribed by this subdivision\nshall not be pro-rated for any portion of the license fee and shall have\nno refund value.\n 5. For any violation of any provision of this section or of any rule\nor regulation duly promulgated under this section the authority may\nrevoke, cancel or suspend a license or recover, as provided in section\none hundred twelve of this chapter, the penal sum of the bond filed by\nthe licensee.\n