Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development and job opportunities in the beer, wine and liquor industries of the state.

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S1515A-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Jun 5, 2012: ADVANCED TO THIRD READING
• Jun 4, 2012: 2ND REPORT CAL.
• May 31, 2012: 1ST REPORT CAL.973
• May 21, 2012: PRINT NUMBER 1515A
• May 21, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 10, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S1515A-2011 Meetings

Investigations and Government Operations: May 31, 2012

S1515A-2011 Calendars

Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S1515A-2011 Votes

S1515A-2011 Memo

BILL NUMBER:S1515A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the state
policy with regard to alcoholic beverages

PURPOSE:

This bill updates the overall "policy of state and purpose of chapter"
that is the articulated state public policy and purpose of the
Alcoholic Beverage Control Law. This New York State policy was first
articulated by the New York State Legislature when it adopted the
first Alcoholic Beverage Control Law after the repeal of the 18th
Amendment (Prohibition) to the United States Constitution in 1933.
While this provision has not been amended since 1934, the nature,
kinds and environment on the consumption and use patterns of
alcoholic beverages has changed significantly since 1934 as it
relates to such beverages, manufacture, distribution, sale and
consumption. This bill idea comes from the recommendations of the NYS
Law Revision Commission which issued a report on the Alcoholic
Beverage Control Law and its Administration, dated December 15, 2009.

SUMMARY OF PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 2 "Policy of
state and purpose of chapter". This amendment adds to the policy of
the State Liquor Authority to also consider supporting, where
possible, the economic development and job opportunities of this
State when. making decisions related to regulating alcoholic
beverages. This new policy consideration of supporting economic
growth and job development, would be in addition to, but subservient
to the already articulated public policy to control the manufacture,
sale, and distribution of alcoholic beverages in this State to foster
and promote temperance in the consumption of alcoholic beverages and
respect for and obedience to the law. The kinds of economic
development that can be supported relate to alcoholic beverage
production, tourism & recreation industries, and actions which could
promote the conservation & enhancement of the state's agricultural
lands.

EXISTING LAW:

Under current law, the State Liquor Authority, in its activities, is
to consider the control of the manufacture, sale and distribution of
alcoholic beverages without any consideration at all as to the
economic benefits and
job creation possibilities that are derived from promoting activities
that relate to the alcoholic beverage industry.

JUSTIFICATION:

The overall environment in which the regulation of the manufacture,
distribution, sale and consumption of alcoholic beverages has changed
greatly since the public policy statement contained in section 2 of
the Alcoholic Beverage control Law was first adopted in 1933. Since,


1933, the Great Depression is over, the Allied Forces won the Second
World War, and the Cold War is now over. Further, consumer
preferences and consumption patterns for alcoholic beverages have
changed significantly since the policy statement contained in Section
2 was adopted 79 years ago.

It is now time to modernize the over arching stated policy with regard
to regulating the manufacture, distribution, sale and consumption of
alcoholic beverages so that it better reflects the economic benefits
that can be derived to the State of New York by encouraging the
production of quality beer, wine, and spirits. Further, the
appropriate regulation of such beverages can help to promote economic
development and job creation.
Expanding production facilities that manufacture beer, wine, and
liquors in this State can help to increase manufacturing employment
and the demand for state produced agricultural crops, preserve
working farms & open spaces, and minimize future real property tax
increases. In addition, such a shift in policy could help to support
prudent avenues to increase economic opportunities related to the
State's tourism and recreation industries.

This bill will give regulators the tools that they need to consider
the economic development and job opportunities that can be created by
promoting the prudent expansion of the manufacture of beer, wines,
and liquors, and other ancillary activities that can help to promote
tourism and recreational activities.

LEGISLATIVE HISTORY:
Similar to 2008: A.10314 Referred to Economic Development
2010: A.6184 Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days after it shall have become law.

S1515A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   1515--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 10, 2011
                                 ___________

  Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
    when  printed  to  be committed to the Committee on Investigations and
    Government Operations -- recommitted  to  the  Committee  on  Investi-
    gations  and  Government  Operations in accordance with Senate Rule 6,
    sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
    amended and recommitted to said committee

  AN  ACT  to amend the alcoholic beverage control law, in relation to the
    state policy with regard to alcoholic beverages

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


    Section 1. Section 2 of the alcoholic beverage control law, as amended
  by chapter 111 of the laws of 1978, is amended to read as follows:

    S 2. Policy of state and purpose of chapter.  It is hereby declared as
  the policy of the state that it is necessary to regulate and control the
  manufacture,  sale and distribution within the state of alcoholic bever-
  ages for the purpose of fostering  and  promoting  temperance  in  their
  consumption and respect for and obedience to law.  THIS CHAPTER SHALL BE
  DEEMED  AN  EXERCISE  OF  THE POLICE POWER OF THE STATE, FOR THE PRIMARY
  PURPOSE OF PROMOTING THE HEALTH, WELFARE AND SAFETY OF THE PEOPLE OF THE
  STATE, PROMOTING TEMPERANCE IN THE CONSUMPTION OF  ALCOHOLIC  BEVERAGES;
  AND,  TO  THE  EXTENT POSSIBLE, SUPPORTING ECONOMIC GROWTH, JOB DEVELOP-
  MENT, AND THE STATE'S ALCOHOLIC BEVERAGE PRODUCTION INDUSTRIES  AND  ITS
  TOURISM AND RECREATION INDUSTRY; AND WHICH PROMOTES THE CONSERVATION AND
  ENHANCEMENT  OF  STATE AGRICULTURAL LANDS; PROVIDED THAT SUCH ACTIVITIES
  DO NOT CONFLICT WITH THE PRIMARY REGULATORY OBJECTIVES OF THIS  CHAPTER.
  It  is  hereby declared that such [policy] POLICIES will best be carried
  out by empowering the liquor authority of the state to determine whether
  public convenience and advantage will be promoted  by  the  issuance  of
  licenses  to traffic in alcoholic beverages, the increase or decrease in
  the number thereof  and  the  location  of  premises  licensed  thereby,
  subject  only to the right of judicial review [hereinafter] provided for

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04870-05-2

 S. 1515--A                          2

  IN THIS CHAPTER. It is the purpose of this chapter to  carry  out  [that
  policy]  THESE POLICIES in the public interest. [The restrictions, regu-
  lations and provisions contained in this  chapter  are  enacted  by  the
  legislature for the protection, health, welfare and safety of the people
  of the state.]
    S 2. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.