S5404A-2011 Actions

• Jun 20, 2012: SUBSTITUTED BY A5565A
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1410
• Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 8, 2012: PRINT NUMBER 5404A
• Jun 8, 2012: AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 21, 2011: referred to economic development
• Jun 21, 2011: DELIVERED TO ASSEMBLY
• Jun 21, 2011: PASSED SENATE
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.943
• May 18, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S5404A-2011 Meetings

S5404A-2011 Calendars

S5404A-2011 Votes

S5404A-2011 Memo

BILL NUMBER:S5404A

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
permitting the holder of a wholesaler's license to sell certain food and
seasonal specialty items and to install and operate automated teller
machines

PURPOSE:
To allow Class C license bearing beer wholesalers to sell certain
picnic, snack and pantry items.

SUMMARY OF PROVISIONS:
Section 1 provides that certain beer wholesalers will no longer be
prohibited from selling certain goods other than alcohol and beverages.

Section 2 provides for an immediate effective date.

JUSTIFICATION:
Bearers of 'C licenses', those issued prior to July 1, 1960 under the
Alcoholic Beverage Control law are currently prohibited from selling
anything other than beer, tobacco, water, mixers and nonalcoholic snack
foods. There are only 400 "c licensees" in New York State, largely in
New York City who are more engaged in retail activity than beer whole-
saling.

These beer distributors have been negatively impacted by the creation of
exclusive franchise agreements between certain major brewers and their
distributors starting in the early 1980s.  Bearers of C licenses can
enhance their business model by increasing retail privileges in addition
to existing beer distribution privileges.

LEGISLATIVE HISTORY:
S.8094/A.11420 (2009-2010)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5404A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5404--A
 2011-2012 Regular Sessions
 I N  SENATE
 May 18, 2011
 
 Introduced by Sens. MARTINS, GRISANTI -- read twice and ordered printed,
 and  when  printed  to be committed to the Committee on Investigations
 and Government  Operations  --  committee  discharged,  bill  amended,
 ordered reprinted as amended and recommitted to said committee
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
 permitting the holder of a wholesaler's license to sell  certain  food
 and  seasonal  specialty  items  and  to install and operate automated
 teller machines
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Paragraph (a) of subdivision 1 of section 104 of the alco
 holic beverage control law, as amended by chapter 223  of  the  laws  of
 2002, is amended to read as follows:

 (a)  No wholesaler shall be engaged in any other business on the prem
 ises to be licensed; except that nothing contained in this chapter shall
 (1) prohibit a beer wholesaler from (i) acquiring,  storing  or  selling
 non-alcoholic  snack foods, as defined in paragraph (b) of this subdivi
 sion, (ii) manufacturing, bottling, storing,  or  selling  non-alcoholic
 carbonated  beverages, (iii) manufacturing, storing or selling non-alco
 holic non-carbonated soft drinks, mineral waters, spring waters,  drink
 ing  water, non-taxable malt or cereal beverages, juice drinks, fruit or
 vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
 mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
 promotional items on such premises, or (vi) the sale of tobacco products
 at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
 products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
 from manufacturing, acquiring or selling wine merchandise, as defined in
 paragraph  (d) of this subdivision, or (3) prohibit a licensed winery or
 licensed farm winery from engaging in the business of a wine  wholesaler
 for  New  York  state  labeled  wines produced by any licensed winery or
 licensed farm winery or prohibit such wine  wholesaler  from  exercising
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03357-03-2
 
       S. 5404--A                          2
 any  of its rights pursuant to sections seventy-six and seventy-six-a of
 this chapter provided that the operation of such beer  and  wine  whole
 salers  business  shall  be subject to such rules and regulations as the
 liquor  authority may prescribe.  (4) THE SALE OF THE FOLLOWING PRODUCTS
 AT RETAIL SHALL NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS  WITHIN  THE
 MEANING  OF  THIS  SUBDIVISION:  (I) CANDY, CHEWING GUM AND COUGH DROPS;
 (II) NON-REFRIGERATED SALSA; (III) CIGARETTE  LIGHTERS,  LIGHTER  FLUID,
 MATCHES  AND  ASHTRAYS;  (IV)  BARBECUE  AND PICNIC-RELATED PRODUCTS AND
 SUPPLIES, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CHARCOAL,  GRILLS,
 PROPANE  GAS,  PLASTIC  AND PAPER CUPS; PAPER OR PLASTIC TABLECLOTHS AND
 COOLERS; (V) BEER MAKING AND BREWING SUPPLIES  AND  PUBLICATIONS,  WHICH
 SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, BOOKS, MAGAZINES, EQUIPMENT AND
 INGREDIENTS; (VI) STEINS, MUGS AND OTHER GLASSWARE APPROPRIATE  FOR  THE
 CONSUMPTION OF BEER, MALT BEVERAGES AND WINE PRODUCTS; (VII) ITEMS TYPI
 CALLY  USED  TO SERVE BEER AND MALT BEVERAGES INCLUDING, BUT NOT LIMITED
 TO, TAPS, KEGERATORS, COZIES AND BEER SOCKS; (VIII)  LEMONS,  LIMES  AND
 ORANGES, PROVIDED THAT NO MORE THAN TWO DOZEN OF EACH SHALL BE DISPLAYED
 AT  ANY  ONE  TIME; (IX) ROCK SALT, ICE AND SNOW MELTING COMPOUNDS, SNOW
 SHOVELS; WINDSHIELD WASHER SOLVENT; FIREWOOD; BEACH UMBRELLAS; SUNGLASS
 ES AND SUN BLOCK; AND (X) PREPAID TELEPHONE CARDS. (5) THE  INSTALLATION
 AND  OPERATION  OF  A  SINGLE  AUTOMATED TELLER MACHINE IN EACH LICENSED
 PREMISES SHALL NOT CONSTITUTE ENGAGING IN ANOTHER  BUSINESS  WITHIN  THE
 MEANING  OF  THIS  SUBDIVISION.    FOR THE PURPOSES OF THIS SUBDIVISION,
 "AUTOMATED TELLER MACHINE"  MEANS  A  DEVICE  WHICH  IS  LINKED  TO  THE
 ACCOUNTS  AND RECORDS OF A BANKING INSTITUTION AND WHICH ENABLES CONSUM
 ERS TO CARRY OUT BANKING TRANSACTIONS, INCLUDING  BUT  NOT  LIMITED  TO,
 ACCOUNT  TRANSFERS,  DEPOSITS,  CASH  WITHDRAWALS, BALANCE INQUIRIES AND
 LOAN PAYMENTS.
 

S 2. This act shall take effect immediately.

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