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.
Ayes (51): Adams, Addabbo, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Savino, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (11): Avella, Diaz, Gianaris, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders, Serrano, Squadron
Excused (1): Martins
BILL NUMBER:S2321A REVISED MEMO 05/27/2014
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the state policy with regard to alcoholic beverages
This bill updates the overall articulated state public policy and purpose of the Alcoholic Beverage Control Law. This policy was firstI 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. This bill idea comes from the recommendations of the NYS Law Revision Commission which issued a report on modernizing the Alcoholic Beverage Control Law and its Administration, dated December 15, 2009. The purpose of this bill being that since 1934, there has been a movement to encourage the local manufacture of spirits, wine, beer and ciders to help promote the State's local agricultural and manufacturing economies. However, the current policy statement is devoid of any mention of such emerging locally based manufacturing industries.
While this provision of law has not been amended since 1934, the nature, kinds and environment on the manufacture and use patterns of alcoholic beverages has changed significantly since 1934. After prohibition, there was a concern that organized crime, which had controlled the production of alcoholic beverages during prohibition, should not control such manufacture upon the repeal of Prohibition. Those concerns mob control have abated somewhat, but it is still the primary goal of the ABC Law to promote temperance and obedience to the State's criminal and nuisance laws in the retail sale of alcoholic beverages.
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 the industries that manufacture alcoholic beverages. This new policy consideration of supporting economic growth and job development, would be in addition to, but clearly 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 could be supported, or at least not discouraged, as a secondary consideration after promoting temperance, obedience to the State's criminal and nuisance laws, and harmonious & quiet residential communities relate only to alcoholic beverage manufacture as it relates to tourism & recreation activities, and actions which could promote the conservation & enhancement of the state's agricultural lands. This is because encouraging the local manufacture of alcoholic beverages should increase the demand for locally grown agricultural products. The amendments to this bill are
technical in nature relating to sentence structure and do not affect the purpose of this bill.
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 manufacturing industries as embodied by micro distilleries, farm wineries, breweries and craft cider production facilities.
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 80 years ago.
It is now time to modernize the over arching stated policy with regard to regulating the manufacture 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 locally manufactured 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, as a secondary consideration after promoting temperance and respect for law and order, 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, especially in the Up-state areas of New York.
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; Passed Senate in 2013 and the Assembly in 2014.
LOCAL FISCAL IMPLICATIONS:
180 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2321--A Cal. No. 155 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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
[.]; 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 [thatTHESE POLICIES in the public interest.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05643-03-3 S. 2321--A 2
[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.