Bill S497-2013

Relates to the content of schedules to be transmitted to the liquor authority

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."

Details

Actions

  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 497 2013-2014 Regular Sessions IN 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.

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