Bill S352A-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 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

Memo

BILL NUMBER:S352A

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 beverage as received from the manufacturer or wholesaler. A fine shall not be issued unless there is a finding of intent on part of the licensee.

Section two of this bill provides an immediate effective date.

EXISTING LAW: A fine for adulteration could be issued 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: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 352--A Cal. No. 665 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. GALLIVAN, BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations 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 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, adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or
wholesaler. PROVIDED HOWEVER WHERE THE CONTENTS OF A CONTAINER OF ALCO- HOLIC BEVERAGES HAS BEEN ADULTERATED, DILUTED OR FORTIFIED, 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. S 2. This act shall take effect immediately.

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