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.
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 Wax, 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 2012: S. 1515-A - Senate Calendar Number 973
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 180 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2321 2013-2014 Regular Sessions IN SENATE January 16, 2013 ___________Introduced by Sens. KLEIN, GALLIVAN, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investi- gations and Government Operations 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 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 theS 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05643-01-3 S. 2321 2
legislature for the protection, health, welfare and safety of the people of the state.]