S T A T E   O F   N E W   Y O R K
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                                  4710

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 10, 2015
                               ___________

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 alcoholic beverages on credit to an individual person

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

  Section 1. Subdivisions 6 and 7 of section 100 of the alcoholic bever-
age control law, subdivision 6 as added by chapter 526 of  the  laws  of
1939  and subdivision 7 as added by chapter 256 of the laws of 1978, are
amended to read as follows:
  6. NOTWITHSTANDING SUBDIVISION FIVE OF THIS SECTION, A RETAIL LICENSEE
FOR OFF-PREMISES CONSUMPTION MAY  SELL,  DELIVER,  GIVE  AWAY,  HOLD  OR
STORE,  OR  CAUSE,  PERMIT OR PROCURE TO BE SOLD, DELIVERED, GIVEN AWAY,
HELD OR STORED, ANY ALCOHOLIC  BEVERAGE  ON  CREDIT  TO  ANY  INDIVIDUAL
PERSON,  PROVIDED  THAT  THE  ORDER  ON  CREDIT  IS AT LEAST TWO HUNDRED
DOLLARS. THE PROVISION OF THIS SUBDIVISION  SHALL  STILL  APPLY  IF  THE
RETAIL  LICENSEE  RETAINS  THE  ALCOHOLIC  BEVERAGE  FOR  THE INDIVIDUAL
PERSON.
  7. No licensee shall sell  or  purchase  any  receipts,  certificates,
contracts  or other documents issued for the storage of alcoholic bever-
ages except as provided by the rules of the liquor authority. The liquor
authority shall prescribe such rules for the purchase and sale  of  such
receipts,  certificates,  contracts  or  other  documents issued for the
storage of alcoholic beverages which, in its opinion, will  best  accom-
plish
  (1) Elimination of fraudulent and deceptive transactions;
  (2) Protection of purchasers against defaults by sellers;
  (3)  The  delivery  of  the  alcoholic  beverages  represented by such
receipts or documents, and
  (4) The payment of all taxes due thereon to the state.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10251-01-5
              

S. 4710                             2

  [7.] 8. Within ten days after filing a new application to sell  liquor
at  retail under section sixty-three, sixty-four, sixty-four-a or sixty-
four-b of this chapter, a notice thereof, in the form prescribed by  the
authority,  shall  be  posted by the applicant in a conspicuous place at
the  entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain  posted  throughout  the
pendency  of  the  application.  The  provisions hereof shall apply only
where no retail liquor license  has  previously  been  granted  for  the
proposed  premise  and  shall,  specifically,  not  be  applicable  to a
proposed sale of an existing business engaged  in  the  retail  sale  of
liquor.  The  authority  may  adopt  such rules it may deem necessary to
carry out the purpose of this subdivision.
  S 2. This act shall take effect immediately.