This bill has been amended

Bill S1440-2013

Relates to seven day licenses to sell wine or liquor

Relates to seven day licenses to sell wine or liquor; permits sales to holders of licenses to sell for on-premises consumption.

Details

Actions

  • Jun 4, 2013: 1ST REPORT CAL.979
  • Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Jun 4, 2013
Ayes (8): Valesky, Boyle, Gallivan, Felder, Robach, Kennedy, Hassell-Thompson, O'Brien
Ayes W/R (2): Fuschillo, Griffo
Nays (1): Sanders

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


Text

STATE OF NEW YORK ________________________________________________________________________ 1440 2013-2014 Regular Sessions IN 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
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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