S356-2013 Actions

• Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S356-2013 Memo

BILL NUMBER:S356

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to purchasing by
two or
more licensed retailers

PURPOSE:
To allow for pooled purchasing by licensed retailers

SUMMARY OF PROVISIONS:
Section one of the bill provides for cooperative agreements so that
liquor stores may agree to jointly purchase larger, more cost
effective, quantities than would be possible without cooperative
agreements.

Section two of this bill provides an immediate effective date.

EXISTING LAW:
Each liquor store must make its own separate purchases

JUSTIFICATION:
Small liquor stores are unable to get the quantity discounts currently
available to larger liquor store. This would provide a way for such
liquor stores to remain competitive.

LEGISLATIVE HISTORY:
New bill

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

S356-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          356
 2013-2014 Regular Sessions
 I N  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
 purchasing by two or more licensed retailers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 3 of section 101-b of  the  alcoholic  beverage
 control law is amended by adding a new paragraph (e) to read as follows:

 (E)  FOR  THE  PURPOSES  OF PURCHASING ONLY, ANY TWO OR MORE RETAILERS
 LICENSED PURSUANT TO SECTION SIXTY-THREE OR SEVENTY-NINE OF THIS CHAPTER
 MAY JOIN IN AN AGREEMENT TO MAKE JOINT  PURCHASES  OF  LIQUOR  OR  WINE,
 PROVIDED,  HOWEVER, THAT ALL SUCH ALCOHOLIC BEVERAGES PURCHASED PURSUANT
 TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE OTHER THAN A LICENSEE
 WHO IS A PARTY TO SUCH AGREEMENT. THE COOPERATIVE AGREEMENTS, AS AUTHOR
 IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF,  WITHIN  A  CITY  WITH  A
 POPULATION  OF  ONE  MILLION  OR  MORE, THE PREMISES OPERATING UNDER THE
 COOPERATIVE AGREEMENTS AUTHORIZED IN THIS SUBDIVISION ARE  LOCATED  MORE
 THAN  ONE  MILE FROM ONE ANOTHER. THE COOPERATIVE AGREEMENTS, AS AUTHOR
 IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF, OUTSIDE OF A CITY WITH  A
 POPULATION  OF  ONE MILLION OR MORE, THE PREMISES OPERATING UNDER AGREE
 MENTS AUTHORIZED IN THIS SUBDIVISION ARE LOCATED MORE THAN  FIFTY  MILES
 FROM  ONE  ANOTHER.  THE  AUTHORITY  MAY PROMULGATE SUCH RULES AND REGU
 LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVI
 SION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02008-01-3

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