S276-2011 Actions

• Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
• Feb 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
• Jan 5, 2011: REFERRED TO CONSUMER PROTECTION

S276-2011 Memo

BILL NUMBER:S276

TITLE OF BILL:
An act
to amend the general business law, in relation to establishing certain
persons engaged in the sale of alcoholic beverages for off premise
consumption may not advertise the sale of such beverages

PURPOSE:
The bill clarifies that certain persons who
are not licensed
to sell alcoholic beverages for sale for off premise consumption by
the State Liquor Authority, but are otherwise able to sell alcohol
shall not be able to advertise.

SUMMARY OF PROVISIONS:
Amends the
general business law by
adding a new section 396-jj which bars persons engaged in the sale of
alcoholic beverages who are not licensed by the state from
advertising the sale of such beverages by whatever form, whether
intended for commercial or personal use.

JUSTIFICATION:
Current Alcoholic Beverage Control Law
states that only
businesses who are state licensed to sell alcoholic beverage for off
premise consumption may advertise in New York. However, there is no
true enforcement section of law for this issue. This legislation
corrects that problem.

BILL HISTORY:
S. 2376 of 2005-06; Referred to Senate Consumer Protection
S.2304 of 2007-08; Advanced to Third Reading, Committed to
Rules Committee
S.3221 of 2009-10; Referred to Consumer Protection

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall
become a law.

S276-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          276
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection
 

AN ACT to amend the general business law, in  relation  to  establishing
 certain  persons  engaged  in  the sale of alcoholic beverages for off
 premise consumption may not advertise the sale of such beverages
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general business law is amended by adding a new section
 396-jj to read as follows:

 

S  396-JJ.  ADVERTISEMENTS  BY  CERTAIN PERSONS ENGAGED IN THE SALE OF
 ALCOHOLIC BEVERAGES FOR OFF PREMISE CONSUMPTION. ANY PERSON NOT LICENSED
 PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHO IS OTHERWISE  AUTHOR
 IZED TO TRAFFIC IN ALCOHOLIC BEVERAGES SHALL NOT SEND, CAUSE TO BE SENT,
 PUBLISH  OR  CAUSE  TO BE ISSUED OR PUBLISHED INTO THE STATE ANY LETTER,
 POSTCARD, CIRCULAR, NEWSPAPER, PAMPHLET, ORDER KIT, ORDER FORM,  INVITA
 TION  TO  ORDER,  PRICE  LIST,  OR PUBLICATION OF ANY KIND CONTAINING AN
 ADVERTISEMENT OR A SOLICITATION OF ANY ORDER FOR ANY ALCOHOLIC  BEVERAG
 ES, IRRESPECTIVE OF WHETHER THE PURCHASE IS MADE OR TO BE MADE WITHIN OR
 WITHOUT THE STATE, OR WHETHER INTENDED FOR COMMERCIAL OR PERSONAL USE OR
 OTHERWISE.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL
 BE GUILTY OF A MISDEMEANOR.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01671-01-1

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