S486-2011 Actions

• May 7, 2012: AMENDED ON THIRD READING (T) 486B
• Apr 30, 2012: ADVANCED TO THIRD READING
• Apr 26, 2012: 2ND REPORT CAL.
• Apr 25, 2012: 1ST REPORT CAL.571
• Feb 8, 2012: PRINT NUMBER 486A
• Feb 8, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Jan 30, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Jan 5, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S486-2011 Meetings

S486-2011 Votes

S486-2011 Memo

BILL NUMBER:S486

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the sale of
wine supplies and accessories

PURPOSE:
This bill would amend the current law to include the sale of wine
supplies and accessories, which shall include any item utilized for
the storage, transport, serving or consumption of wine or for
decorative purposes whether sold as single items or combined into a
package containing wine or a wine product. This bill also states that
if a business is caught by the liquor authority of selling any
products not stated in this bill then they must be given a written
warning from the liquor authority, affording them no less than 30
days notice within which to cease engaging in other businesses on the
licensed premises.

SUMMARY OF PROVISIONS:
Section 63 is amended to read sale of wine supplies and accessories,
which shall include any item utilized for the storage, transport,
serving or consumption of wine or for decorative purposes whether
sold as single items or combined into a package containing wine or a
wine product, shall not constitute engaging in another business
within the meaning of this subdivision. section 63.7 is amended to
read No licensee may be assessed a civil penalty for a violation of
subdivision four of this section, unless they have first been given a
written warning from the liquor authority, affording them no less
than 30 days notice within which to cease engaging in other
businesses on the licensed premises.
Such warning shall enumerate the specific items which must be removed
to comply with subdivision four of this section.

JUSTIFICATION:
Do recent events the liquor authority has fined liquor stores up to
ten thousand dollars for selling wine gift bags and accessories
with-out warning. This bill would allow liquor stores the time they
need to remove the items they are not allowed to sell before a fine
is imposed.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

S486-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          486
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
 printed to be committed to the Committee on Commerce, Economic  Devel
 opment and Small Business
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
 sale of wine supplies and accessories
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  4  of  section  63 of the alcoholic beverage
 control law, as amended by chapter 603 of the laws of 1992,  is  amended
 and a new subdivision 7 is added to read as follows:

 4.  No licensee under this section shall be engaged in any other busi
 ness on the licensed premises. The sale of lottery  tickets,  when  duly
 authorized and lawfully conducted, the sale of corkscrews or the sale of
 ice  or  the  sale  of  publications, including prerecorded video and/or
 audio cassette tapes, designed to help educate consumers in their  know
 ledge  and appreciation of wine and wine products, as defined in section
 three of this chapter,  or  the  sale  of  non-carbonated,  non-flavored
 mineral waters, spring waters and drinking waters or the [sale of glass-
 es  designed for the consumption of wine, racks designed for the storage
 of wine, and devices designed to minimize oxidation in bottles  of  wine
 which  have  been uncorked] SALE OF WINE SUPPLIES AND ACCESSORIES, WHICH
 SHALL INCLUDE ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT,  SERVING  OR
 CONSUMPTION  OF  WINE  OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE
 ITEMS OR COMBINED INTO A PACKAGE CONTAINING  WINE  OR  A  WINE  PRODUCT,
 shall  not constitute engaging in another business within the meaning of
 this subdivision.
 7. NO LICENSEE MAY BE ASSESSED A CIVIL  PENALTY  FOR  A  VIOLATION  OF
 SUBDIVISION  FOUR  OF  THIS SECTION, UNLESS THEY HAVE FIRST BEEN GIVEN A
 WRITTEN WARNING FROM THE LIQUOR AUTHORITY, AFFORDING THEM NO  LESS  THAN
 THIRTY DAYS NOTICE WITHIN WHICH TO CEASE ENGAGING IN OTHER BUSINESSES ON
 THE  LICENSED  PREMISES. SUCH WARNING SHALL ENUMERATE THE SPECIFIC ITEMS
 WHICH MUST BE REMOVED TO COMPLY WITH SUBDIVISION FOUR OF THIS SECTION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01929-01-1

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