senate Bill S486B

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:
A6431A
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:S486B

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/or
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--B
    Cal. No. 571

                       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 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  sale of non-food wine or liquor supplies, accessories and/or 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/OR BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01929-04-2

S. 486--B                           2

WINE  OR  LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS
OR COMBINED INTO A PACKAGE CONTAINING WINE OR LIQUOR, shall not  consti-
tute  engaging  in  another business within the meaning of this subdivi-
sion.
  S 2. This act shall take effect immediately.

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