This bill has been amended

Bill S352-2013

Provides no fines shall be issued except upon a finding of intent on the part of the licensee and if no intent shall be found, the penalty shall not exceed a letter of warning

Provides that no retail licensee for on-premises consumption shall intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or wholesaler.

Details

Actions

  • Jun 20, 2013: SUBSTITUTED BY A7166
  • Jun 18, 2013: AMEND BY RESTORING TO ORIGINAL PRINT 352
  • Jun 17, 2013: AMENDED ON THIRD READING 352A
  • May 23, 2013: ADVANCED TO THIRD READING
  • May 22, 2013: 2ND REPORT CAL.
  • May 21, 2013: 1ST REPORT CAL.665
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 21, 2013
Ayes (7): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Zeldin, Hoylman
Ayes W/R (1): Squadron
Nays (1): Diaz

Memo

BILL NUMBER:S352

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to providing that no retail licensee for on-premises consumption shall intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages

PURPOSE: To clarify that it is prohibited to intentionally adulterate any container of alcoholic beverages as received from the manufacturer or wholesaler.

SUMMARY OF PROVISIONS: Section one prohibits a licensee from intentionally adulterating any container of alcoholic beverages as received from the manufacturer or wholesaler.

Section two of this bill provides an immediate effective date.

EXISTING LAW: Adulteration is prohibited regardless of whether such adulteration was intentional.

JUSTIFICATION: This section is often used by the SLA to cite licensees for fruit flies that get into beverage containers. The presence of fruit flies in a container is a health code issue not an Alcohol Beverage Control issue. This section was designed to make sure the licensee or employee does not engage in devious behavior to take advantage of their customers, but is being used by the SLA outside of its proper scope.. By limiting the SLA to citing licensees for intentional adulteration, the SLA will be able to continue to protect consumers from dishonest business practices, without venturing into enforcement areas inappropriate for the SLA.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.


Text

STATE OF NEW YORK ________________________________________________________________________ 352 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 Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to providing that no retail licensee for on-premises consumption shall intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 2 of section 106 of the alco- holic beverage control law, as amended by chapter 512 of the laws of 2000, is amended to read as follows: (a) No retail licensee for on-premises consumption, except corpo- rations operating railroad cars or aircraft being operated on regularly scheduled flights by a United States certificated airline or persons or corporations operating a hotel, as defined in subdivision fourteen of section three of this chapter, for exclusive use in the furnishing of room service in the manner prescribed by rule or regulation of the state liquor authority, shall keep upon the licensed premises any liquors and/or wines in any cask, barrel, keg, hogshead or other container, except in the original sealed package as received from the manufacturer or wholesaler. Such containers shall have affixed thereto such labels as may be required by the rules of the liquor authority, together with all necessary federal revenue and New York state excise stamps as required by law. No retail licensee for on-premises consumption shall reuse, refill, tamper with, INTENTIONALLY adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or wholesaler. S 2. This act shall take effect immediately.

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