senate Bill S486

Amended

Authorizes the sale of wine supplies

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Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jan / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 30 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 08 / Feb / 2012
    • PRINT NUMBER 486A
  • 25 / Apr / 2012
    • 1ST REPORT CAL.571
  • 26 / Apr / 2012
    • 2ND REPORT CAL.
  • 30 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 07 / May / 2012
    • AMENDED ON THIRD READING (T) 486B
  • 30 / May / 2012
    • PASSED SENATE
  • 30 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Relates to the sale of non-food wine or liquor supplies, accessories and/or barware.

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Bill Details

See Assembly Version of this Bill:
A6431
Versions:
S486
S486A
S486B
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง63, ABC L
Versions Introduced in 2009-2010 Legislative Cycle:
S622

Sponsor Memo

BILL NUMBER:S486

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the sale of
wine supplies and accessories

PURPOSE:
This bill would amend the current law to include the sale of wine
supplies and accessories, which shall include any item utilized for
the storage, transport, serving or consumption of wine or for
decorative purposes whether sold as single items or combined into a
package containing wine or a wine product. This bill also states that
if a business is caught by the liquor authority of selling any
products not stated in this bill then they must be given a written
warning from the liquor authority, affording them no less than 30
days notice within which to cease engaging in other businesses on the
licensed premises.

SUMMARY OF PROVISIONS:
Section 63 is amended to read sale of wine supplies and accessories,
which shall include any item utilized for the storage, transport,
serving or consumption of wine or for decorative purposes whether
sold as single items or combined into a package containing wine or a
wine product, shall not constitute engaging in another business
within the meaning of this subdivision. section 63.7 is amended to
read No licensee may be assessed a civil penalty for a violation of
subdivision four of this section, unless they have first been given a
written warning from the liquor authority, affording them no less
than 30 days notice within which to cease engaging in other
businesses on the licensed premises.
Such warning shall enumerate the specific items which must be removed
to comply with subdivision four of this section.

JUSTIFICATION:
Do recent events the liquor authority has fined liquor stores up to
ten thousand dollars for selling wine gift bags and accessories
with-out warning. This bill would allow liquor stores the time they
need to remove the items they are not allowed to sell before a fine
is imposed.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   486

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  sale of wine supplies and accessories

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

  Section  1.  Subdivision  4  of  section  63 of the alcoholic beverage
control law, as amended by chapter 603 of the laws of 1992,  is  amended
and a new subdivision 7 is added to read as follows:
  4.  No licensee under this section shall be engaged in any other busi-
ness on the licensed premises. The sale of lottery  tickets,  when  duly
authorized and lawfully conducted, the sale of corkscrews or the sale of
ice  or  the  sale  of  publications, including prerecorded video and/or
audio cassette tapes, designed to help educate consumers in their  know-
ledge  and appreciation of wine and wine products, as defined in section
three of this chapter,  or  the  sale  of  non-carbonated,  non-flavored
mineral waters, spring waters and drinking waters or the [sale of glass-
es  designed for the consumption of wine, racks designed for the storage
of wine, and devices designed to minimize oxidation in bottles  of  wine
which  have  been uncorked] SALE OF WINE SUPPLIES AND ACCESSORIES, WHICH
SHALL INCLUDE ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT,  SERVING  OR
CONSUMPTION  OF  WINE  OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE
ITEMS OR COMBINED INTO A PACKAGE CONTAINING  WINE  OR  A  WINE  PRODUCT,
shall  not constitute engaging in another business within the meaning of
this subdivision.
  7. NO LICENSEE MAY BE ASSESSED A CIVIL  PENALTY  FOR  A  VIOLATION  OF
SUBDIVISION  FOUR  OF  THIS SECTION, UNLESS THEY HAVE FIRST BEEN GIVEN A
WRITTEN WARNING FROM THE LIQUOR AUTHORITY, AFFORDING THEM NO  LESS  THAN
THIRTY DAYS NOTICE WITHIN WHICH TO CEASE ENGAGING IN OTHER BUSINESSES ON
THE  LICENSED  PREMISES. SUCH WARNING SHALL ENUMERATE THE SPECIFIC ITEMS
WHICH MUST BE REMOVED TO COMPLY WITH SUBDIVISION FOUR OF THIS SECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01929-01-1

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