Relates to the definition of a grocery store.
BILL NUMBER: S7247
TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to the definition of a grocery store
PURPOSE OF THE BILL : To update the definition of a grocery store in the Alcoholic Beverage Control Law to include the kinds of products customers expect to find in food stores.
SUMMARY OF SPECIFIC PROVISIONS : § 1- Amends § 3(13) of the Alcoholic Beverage Control Law to update the definition of a grocery store to provide that such stores must sell "foodstuffs" for off-premises consumption and that 50% or more of the shelf space must be devoted to consumer commodities as defined in § 2a of the Agriculture and Markets Law. Consumer commodities are defined in the Agriculture and Markets Law to consist of foods, both liquid and solid, for humans and domestic pets, paper products and food wrappings, soaps and detergents, non-prescription drugs and toiletries.
§ 2- Effective date.
JUSTIFICATION : Recently, the New York State Law Revision Commission released its "Report on the Alcoholic Beverage Control Law and its Administration" in which the Commission made several recommendations to improve upon the Law and streamline its management and enforcement.
This bill follows the recommendation of the New York State Law Revision Commission in updating the definition of a grocery store to include those other products consumers expect to find in food stores of all sizes. As per the Law Revision Commission recommendation, the bill uses the definition of consumer commodities contained in § 214-h of the Agriculture and markets Law.
The definition of a grocery store contained in the Alcoholic Beverage Control Law was adopted in 1934 and has remained unchanged since that date. The law states that a grocery store is a retail establishment where foodstuffs are regularly and customarily sold for off-premises consumption. However, the State Liquor Authority later adopted a Divisional Order to provide that the definition in the statute was limited to retailers who sell food and for off-premises consumption and maintain 50% or more of the wholesale dollar value of its total display in food products, not including beer and soda. Other grocery products such as over-the-counter drugs, health and beauty aids, soaps and detergents, paper products and food wrappings are not counted under the Divisional Order.
The bill is necessary because although the State liquor Authority issues licenses to sell beer for off-premises consumption to small stores which carry the traditional grocery product mix of food and related products, it also often issues violation notices and then fines these small stores which do not meet the Divisional Order definition. Adoption of this act will rectify this inequity.
PRIOR LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7247 IN SENATE March 25, 2010 ___________Introduced by Sen. C. JOHNSON -- 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 definition of a grocery store THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 13 of section 3 of the alcoholic beverage control law is amended to read as follows: 13. "Grocery store" means any retail establishment where foodstuffs are regularly and customarily sold in a bona fide manner for the consumption off the premises AND MORE THAN FIFTY PERCENT OF THE PRODUCT DISPLAY SPACE CONSISTS OF CONSUMER COMMODITIES AS DEFINED BY PARAGRAPH A OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE AND MARKETS LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16404-01-0