senate Bill S486A

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

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:S486A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the sale of
non-food,
wine or liquor
supplies, accessories
and barware

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:
Due to recent events the liquor authority has fined liquor stores up to
ten thousand dollars for selling wine gift bags and accessories
without 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--A

                       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 -- recommitted to the Committee on Commerce,
  Economic Development and Small Business in accordance with Senate Rule
  6,  sec.  8 -- reported favorably from said committee and committed to
  the Committee  on  Finance  --  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
  sale of non-food, wine or liquor supplies, accessories and barware

  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
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 NON-FOOD, WINE OR LIQUOR SUPPLIES,
ACCESSORIES AND BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY
ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION OF WINE
OR LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD  AS  SINGLE  ITEMS  OR
COMBINED  INTO A PACKAGE CONTAINING WINE OR LIQUOR, shall not constitute
engaging in another business within the meaning of this subdivision.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01929-02-2

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