Relates to the content of schedules to be transmitted to the liquor authority by authorizing different products or different sized bottles from the same manufacturer to be offered in a "combination."

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S497-2013 Actions

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

S497-2013 Memo

BILL NUMBER:S497

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the content
of schedules to be transmitted to the liquor authority

PURPOSE:
To allow liquor orders containing various flavors and sizes of
products produced by the same manufacturer to be eligible for
quantity discounts.

SUMMARY OF PROVISIONS:
Subdivision 3 of section 101-b of the alcoholic beverage control law
is amended by adding that different products or different sized
bottles from the same manufacturer may be offered in combinations
that entitle the retailer to a quantity discount.

EXISTING LAW:
Quantity discounts are only available when applied to identical
products.

JUSTIFICATION:
Current law restricts wholesalers from offering quantity discounts to
manufacturers on anything but identical products. This bill would
expand the ability of wholesalers to offer discounts to retailers for
combinations of products that are produced by the same manufacturer -
allowing them to purchase an assortment of varieties and bottle
sizes. This legislation would provide savings for both retail
establishments and their consumers.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S497-2013 Text

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

                                     497

                         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  the
    content of schedules to be transmitted to the liquor authority

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


    Section 1. Paragraph (b) of subdivision 3  of  section  101-b  of  the
  alcoholic  beverage  control  law,  as amended by section 1 of part E of
  chapter 56 of the laws of 2006, is amended to read as follows:

    (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
  retailer  unless a schedule, as provided by this section, is transmitted
  to and received by the liquor authority, and is  then  in  effect.  Such
  schedule  shall  be  transmitted  to the authority in such form, manner,
  medium and format as the authority may  direct;  shall  be  deemed  duly
  verified by the person submitting such schedule upon its transmission to
  the  authority;  and shall contain, with respect to each item, the exact
  brand or trade name, capacity of package, nature of  contents,  age  and
  proof where stated on the label, the number of bottles contained in each
  case,  the  bottle  and case price to retailers, the net bottle and case
  price paid by the seller, which prices, in each instance, shall be indi-
  vidual for each item and not  in  "combination"  with  any  other  item,
  PROVIDED  THAT  DIFFERENT  PRODUCTS  OR DIFFERENT SIZED BOTTLES FROM THE
  SAME MANUFACTURER MAY BE OFFERED IN SUCH  "COMBINATION",  the  discounts
  for  quantity,  if  any,  and the discounts for time of payment, if any.
  Such brand of liquor or wine shall not be sold to  retailers  except  at
  the  price  and discounts then in effect unless prior written permission
  of the authority is granted for good cause shown  and  for  reasons  not
  inconsistent  with  the  purpose of this chapter. Such schedule shall be
  transmitted by each manufacturer selling such brand to retailers and  by
  each wholesaler selling such brand to retailers.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01983-01-3