Lowers the costs of the surcharge on kegs of beer from fifty to twenty-five dollars; extends the keg registration program for an additional year.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S7739
TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to the registration fee for kegs; and to amend chapter 192 of the laws of 2003 amending the alcoholic beverage control law relating to the registration of kegs, in relation to extending the provisions of such chapter
PURPOSE OF THE BILL : This bill would continue the requirement that beer kegs be marked with an identification label or tag for one year. In addition, this bill would reduce the required registration deposit on each keg of beer purchased from $50 to $25.
SUMMARY OF SPECIFIC PROVISIONS : § 1- Amends subdivision 5 of § 105-c of the Alcoholic Beverage Control Law to reduce the registration deposit on each keg of beer purchased from $50 to $25.
§ 2- Amends § 2 of Chapter 192 of the Laws of 2003 by extending the beer keg registration requirements for one year.
§ 3- Effective date.
EXISTING LAW : Alcoholic Beverage Control Law (ABCL) § 105-e requires all kegs sold at retail for off-premises consumption to have a registration tag attached that indicates the name and address of the purchaser; the purchaser's identification number (i.e. license number); the amount of the container and registration deposits; the date and time of the purchase; and the keg identification number. This section became effective in 2003 and is set to expire on November 22, 2010.
STATEMENT IN SUPPORT : A one year extension of the statute will afford additional time to continue to evaluate the efficaciousness of its provisions.
PRIOR LEGISLATIVE HISTORY : The provisions of Chapter 192 of the Laws of 2003 were extended until November 22, 2010 by Chapter 316 of the Laws of 2009.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7739 IN SENATE May 5, 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 registration fee for kegs; and to amend chapter 192 of the laws of 2003 amending the alcoholic beverage control law relating to the registration of kegs, in relation to extending the provisions of such chapter THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 105-c of the alcoholic beverage control law, as amended by chapter 632 of the laws of 2008, is amended to read as follows: 5. Upon the retail sale of beer by the keg for off-premises consump- tion, the retail licensee shall collect a
[fifty]TWENTY-FIVE dollar registration deposit on each keg of beer purchased. The registration deposit shall be collected in addition to the purchase price of the beer, taxes thereon and any other deposit collected by the licensee. Upon the return of a keg to such licensee with the identification label or tag intact, the registration deposit shall be returned to the purchaser and the retail licensee shall remove such label or tag from each such keg. The registration deposit on each keg returned without the identification label or tag required by this section shall be forfeited to the retail licensee. The registration deposit upon any keg not returned to the retail licensee within ninety days of the date of purchase shall also be forfeited to the retail licensee. S 2. Section 2 of chapter 192 of the laws of 2003, amending the alco- holic beverage control law relating to the registration of kegs, as amended by chapter 316 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall expire and be deemed repealed November 22, 2011.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16850-01-0 S. 7739 2
S 3. This act shall take effect immediately, provided that the amend- ment to section 105-c of the alcoholic beverage control law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.