senate Bill S1515A

Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development in the beer, wine and liquor industries

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 10 / Jan / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / May / 2012
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / May / 2012
    • PRINT NUMBER 1515A
  • 31 / May / 2012
    • 1ST REPORT CAL.973
  • 04 / Jun / 2012
    • 2ND REPORT CAL.
  • 05 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development and job opportunities in the beer, wine and liquor industries of the state.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2412B
Versions:
S1515
S1515A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง2, ABC L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6184, A926
2007-2008: A10314, S7178, A10314

Votes

7
0
7
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S1515A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the state
policy with regard to alcoholic beverages

PURPOSE:

This bill updates the overall "policy of state and purpose of chapter"
that is the articulated state public policy and purpose of the
Alcoholic Beverage Control Law. This New York State policy was first
articulated by the New York State Legislature when it adopted the
first Alcoholic Beverage Control Law after the repeal of the 18th
Amendment (Prohibition) to the United States Constitution in 1933.
While this provision has not been amended since 1934, the nature,
kinds and environment on the consumption and use patterns of
alcoholic beverages has changed significantly since 1934 as it
relates to such beverages, manufacture, distribution, sale and
consumption. This bill idea comes from the recommendations of the NYS
Law Revision Commission which issued a report on the Alcoholic
Beverage Control Law and its Administration, dated December 15, 2009.

SUMMARY OF PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 2 "Policy of
state and purpose of chapter". This amendment adds to the policy of
the State Liquor Authority to also consider supporting, where
possible, the economic development and job opportunities of this
State when. making decisions related to regulating alcoholic
beverages. This new policy consideration of supporting economic
growth and job development, would be in addition to, but subservient
to the already articulated public policy to control the manufacture,
sale, and distribution of alcoholic beverages in this State to foster
and promote temperance in the consumption of alcoholic beverages and
respect for and obedience to the law. The kinds of economic
development that can be supported relate to alcoholic beverage
production, tourism & recreation industries, and actions which could
promote the conservation & enhancement of the state's agricultural
lands.

EXISTING LAW:

Under current law, the State Liquor Authority, in its activities, is
to consider the control of the manufacture, sale and distribution of
alcoholic beverages without any consideration at all as to the
economic benefits and
job creation possibilities that are derived from promoting activities
that relate to the alcoholic beverage industry.

JUSTIFICATION:

The overall environment in which the regulation of the manufacture,
distribution, sale and consumption of alcoholic beverages has changed
greatly since the public policy statement contained in section 2 of
the Alcoholic Beverage control Law was first adopted in 1933. Since,


1933, the Great Depression is over, the Allied Forces won the Second
World War, and the Cold War is now over. Further, consumer
preferences and consumption patterns for alcoholic beverages have
changed significantly since the policy statement contained in Section
2 was adopted 79 years ago.

It is now time to modernize the over arching stated policy with regard
to regulating the manufacture, distribution, sale and consumption of
alcoholic beverages so that it better reflects the economic benefits
that can be derived to the State of New York by encouraging the
production of quality beer, wine, and spirits. Further, the
appropriate regulation of such beverages can help to promote economic
development and job creation.
Expanding production facilities that manufacture beer, wine, and
liquors in this State can help to increase manufacturing employment
and the demand for state produced agricultural crops, preserve
working farms & open spaces, and minimize future real property tax
increases. In addition, such a shift in policy could help to support
prudent avenues to increase economic opportunities related to the
State's tourism and recreation industries.

This bill will give regulators the tools that they need to consider
the economic development and job opportunities that can be created by
promoting the prudent expansion of the manufacture of beer, wines,
and liquors, and other ancillary activities that can help to promote
tourism and recreational activities.

LEGISLATIVE HISTORY:
Similar to 2008: A.10314 Referred to Economic Development
2010: A.6184 Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1515--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations -- recommitted  to  the  Committee  on  Investi-
  gations  and  Government  Operations in accordance with Senate Rule 6,
  sec. 8 -- 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 the
  state policy with regard to alcoholic beverages

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2 of the alcoholic beverage control law, as amended
by chapter 111 of the laws of 1978, is amended to read as follows:
  S 2. Policy of state and purpose of chapter.  It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture,  sale and distribution within the state of alcoholic bever-
ages for the purpose of fostering  and  promoting  temperance  in  their
consumption and respect for and obedience to law.  THIS CHAPTER SHALL BE
DEEMED  AN  EXERCISE  OF  THE POLICE POWER OF THE STATE, FOR THE PRIMARY
PURPOSE OF PROMOTING THE HEALTH, WELFARE AND SAFETY OF THE PEOPLE OF THE
STATE, PROMOTING TEMPERANCE IN THE CONSUMPTION OF  ALCOHOLIC  BEVERAGES;
AND,  TO  THE  EXTENT POSSIBLE, SUPPORTING ECONOMIC GROWTH, JOB DEVELOP-
MENT, AND THE STATE'S ALCOHOLIC BEVERAGE PRODUCTION INDUSTRIES  AND  ITS
TOURISM AND RECREATION INDUSTRY; AND WHICH PROMOTES THE CONSERVATION AND
ENHANCEMENT  OF  STATE AGRICULTURAL LANDS; PROVIDED THAT SUCH ACTIVITIES
DO NOT CONFLICT WITH THE PRIMARY REGULATORY OBJECTIVES OF THIS  CHAPTER.
It  is  hereby declared that such [policy] POLICIES will best be carried
out by empowering the liquor authority of the state to determine whether
public convenience and advantage will be promoted  by  the  issuance  of
licenses  to traffic in alcoholic beverages, the increase or decrease in
the number thereof  and  the  location  of  premises  licensed  thereby,
subject  only to the right of judicial review [hereinafter] provided for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04870-05-2

S. 1515--A                          2

IN THIS CHAPTER. It is the purpose of this chapter to  carry  out  [that
policy]  THESE POLICIES in the public interest. [The restrictions, regu-
lations and provisions contained in this  chapter  are  enacted  by  the
legislature for the protection, health, welfare and safety of the people
of the state.]
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.