Relates to the terms of sale of alcoholic beverages.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Diaz
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the terms of sale of alcoholic beverages
PURPOSE: This bill amends the Alcoholic Beverage Control law to clarify that wine products sold by any liquor or wine wholesalers or manufacturers can follow the terms of section 101-aa.
SUMMARY OF PROVISIONS: Section 1: Amends Section 101-aa of the Alcoholic Beverage Control law to clarify that this provision applies to liquor and wine sales.
Section 2: amends Section 101-aaa to clarify that this section applies to the sale of beer, wine products and cider. Adds language that specifies that wine products sold by liquor or wine wholesalers or manufacturers are governed by the terms of sale under section 101-aa.
JUSTIFICATION: In 2011, the State Liquor Authority issued an advisory (2011-2) that wine products sales are governed by the terms of sale of section 101-aaa. Wine products can be sold to retailers by the following licenses: beer wholesaler, liquor wholesaler, wine wholesaler, winery, and farm winery or micro winery. All of these licenses, except the beer wholesaler license, sell their other products under terms of sale of section 101-aa. This bill will allow sellers of liquor and wine to sell wine products under the same terms of sale which apply to their sales of wine and liquor.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7207 IN SENATE May 2, 2012 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the alcoholic beverage control law, in relation to the terms of sale of alcoholic beverages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 101-aa of the alcoholic beverage control law, as amended by chapter 84 of the laws of 2004, is amended to read as follows: 2. No manufacturer or wholesaler licensed under this chapter shall sell or deliver any
[alcoholic beverages]LIQUOR OR WINE to any retail licensee except AS PROVIDED FOR IN THIS SECTION: (A) for cash to be paid at the time of delivery; or (B) on terms requiring payment by such retail licensee for such alco- holic beverages on or before the final payment date of the credit period for which delivery is made. S 2. Subdivision 2 of section 101-aaa of the alcoholic beverage control law, as added by section 183 of part A of chapter 389 of the laws of 1997, is amended to read as follows: 2. No manufacturer or wholesaler licensed under this chapter shall sell or deliver any beer, CIDER or wine products to any retail licensee except AS PROVIDED FOR IN THIS SECTION: (A) for cash to be paid at the time of delivery; or (B) on terms requiring payment by such retail licensee for such beer, CIDER, or wine products on or before the final payment date of any cred- it period within which delivery is made. PROVIDED, HOWEVER, THAT THE SALE OF WINE PRODUCTS OR CIDER TO A RETAIL LICENSEE BY A WHOLESALER LICENSED UNDER SECTION FIFTY-EIGHT, SIXTY-TWO, OR SEVENTY-EIGHT OF THIS CHAPTER, OR A LICENSED MANUFACTURER OF LIQUOR OR WINE OR A CIDER PRODUCER'S LICENSE, SHALL BE GOVERNED BY THE PROVISIONS OF SECTION ONE HUNDRED-ONE-AA OF THIS ARTICLE. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15637-01-2