S1440-2013 Actions

• Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S1440-2013 Memo

BILL NUMBER:S1440

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
sales to holders of licenses to sell for on-premises consumption

PURPOSE:
To allow liquor stores to sell wine and/or liquor to retail
establishments for consumption on the premises.

SUMMARY OF PROVISIONS:

Section one amends section 79 of the alcoholic beverage control law by
adding a new subdivision 5 authorizing a holder of a seven day
license to sell wine at retail for off-premise consumption to sell
liquor and/or wine to a person licensed to sell liquor and/or wine at
retail consumption on the premises.

Section two amends section 63 of the alcoholic beverage control law by
adding a new subdivision 7 authorizing a holder of a seven day
license to sell liquor at retail for off-premise consumption to sell
liquor and/or wine to a person licensed to sell liquor and/or wine at
retail consumption on the premises.

Section three amends subdivisions 3-a and 3-b of section 102 of the
alcoholic beverage control law. as amended by chapter 458 of the laws
of 1993. allowing a licensee to purchase alcoholic beverages from an
individual who has a permit under section sixty-three and
seventy-nine of this chapter.

Section four of this bill provides an immediate effective date.

EXISTING LAW:
Liquor stores cannot sell to on premise licensees.

JUSTIFICATION:
This will reduce the prices for on premise retailers and their
customers as well as improve service to on premise licensees. At the
same time, this bill will enhance the liquor store business by
providing them with a new customer base.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediate

S1440-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1440
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Commerce, Economic  Devel
 opment and Small Business
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
 permitting sales to  holders  of  licenses  to  sell  for  on-premises
 consumption
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 79 of the alcoholic beverage control law is amended
 by adding a new subdivision 5 to read as follows:

 5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
 UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
 ANY  PERSON  LICENSED  UNDER  THIS CHAPTER TO SELL LIQUOR AND/OR WINE AT
 RETAIL FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR,  SIXTY
 FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B  OR
 EIGHTY-ONE OF THIS CHAPTER.
 

S 2.

Section 63 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 7 to read as follows:

 7.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
 UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
 ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL  LIQUOR  AND/OR  WINE  AT
 RETAIL  FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR, SIXTY
 FOUR-A, SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B,  OR
 EIGHTY-ONE OF THIS CHAPTER.
 

S 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
 control  law, as amended by chapter 458 of the laws of 1993, are amended
 to read as follows:

 3-a. No licensee or permittee shall purchase or agree to purchase  any
 alcoholic  beverages  from  any  person within the state who is not duly
 licensed to sell such alcoholic beverage as the case may be, at the time
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04214-01-3
 
       S. 1440                             2
 of such agreement and sale nor give any order for any alcoholic beverage
 to any individual who is not the holder of a solicitor's permit,  except
 as  provided  for  in  section SIXTY-THREE, SEVENTY-NINE, eighty-five or
 ninety-nine-g of this chapter.
 3-b.  No  retail licensee shall purchase, agree to purchase or receive
 any alcoholic beverage except from a person  duly  licensed  within  the
 state  by  the  liquor  authority to sell such alcoholic beverage at the
 time of such agreement and sale  to  such  retail  licensee,  except  as
 provided  for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or nine
 ty-nine-g of this chapter.
 

S 4. This act shall take effect immediately.

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