senate Bill S7207

Signed by Governor

Relates to the terms of sale of alcoholic beverages

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Sponsor

Bill Status


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

  • 02 / May / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 22 / May / 2012
    • 1ST REPORT CAL.862
  • 23 / May / 2012
    • 2ND REPORT CAL.
  • 30 / May / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • PASSED SENATE
  • 11 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2012
    • REFERRED TO CODES
  • 18 / Jun / 2012
    • SUBSTITUTED FOR A10190
  • 18 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.326
  • 18 / Jun / 2012
    • PASSED ASSEMBLY
  • 18 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 18 / Jul / 2012
    • SIGNED CHAP.242

Summary

Relates to the terms of sale of alcoholic beverages.

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Bill Details

See Assembly Version of this Bill:
A10190
Versions:
S7207
Legislative Cycle:
2011-2012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง101-aa & 101-aaa, ABC L

Sponsor Memo

BILL NUMBER:S7207

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the terms of
sale of alcoholic beverages

PURPOSE:
This bill amends the Alcoholic Beverage Control law to
clarify that wine products sold by any liquor or wine wholesalers or
manufacturers can follow the terms of section 101-aa.

SUMMARY OF PROVISIONS:
Section 1: Amends Section 101-aa of the
Alcoholic Beverage Control law to clarify that this provision applies
to liquor and wine sales.

Section 2: amends Section 101-aaa to clarify that this section
applies to the sale of beer, wine products and cider. Adds language
that specifies that wine products sold by liquor or wine wholesalers
or manufacturers are governed by the terms of sale under section
101-aa.

JUSTIFICATION:
In 2011, the State Liquor Authority issued an advisory
(2011-2) that wine products sales are governed by the terms of sale of
section 101-aaa. Wine products can be sold to retailers by the
following licenses: beer wholesaler, liquor wholesaler, wine
wholesaler, winery, and farm winery or micro winery. All of these
licenses, except the beer wholesaler license, sell their other
products under terms of sale of section 101-aa. This bill will allow
sellers of liquor and wine to sell wine products under the same terms
of sale which apply to their sales of wine and liquor.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

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
________________________________________________________________________

                                  7207

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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
  terms of sale of alcoholic beverages

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

  Section  1.  Subdivision 2 of section 101-aa of the alcoholic beverage
control law, as amended by chapter 84 of the laws of 2004, is amended to
read as follows:
  2. No manufacturer or wholesaler licensed  under  this  chapter  shall
sell  or  deliver any [alcoholic beverages] LIQUOR OR WINE to any retail
licensee except AS PROVIDED FOR IN THIS SECTION:
  (A) for cash to be paid at the time of delivery; or
  (B) on terms requiring payment by such retail licensee for such  alco-
holic beverages on or before the final payment date of the credit period
for which delivery is made.
  S  2.  Subdivision  2  of  section  101-aaa  of the alcoholic beverage
control law, as added by section 183 of part A of  chapter  389  of  the
laws of 1997, is amended to read as follows:
  2.  No  manufacturer  or  wholesaler licensed under this chapter shall
sell or deliver any beer, CIDER or wine products to any retail  licensee
except AS PROVIDED FOR IN THIS SECTION:
  (A) for cash to be paid at the time of delivery; or
  (B)  on terms requiring payment by such retail licensee for such beer,
CIDER, or wine products on or before the final payment date of any cred-
it period within which delivery is made.
  PROVIDED, HOWEVER, THAT THE SALE OF WINE PRODUCTS OR CIDER TO A RETAIL
LICENSEE BY A WHOLESALER LICENSED UNDER SECTION FIFTY-EIGHT,  SIXTY-TWO,
OR  SEVENTY-EIGHT  OF THIS CHAPTER, OR A LICENSED MANUFACTURER OF LIQUOR
OR WINE OR  A  CIDER  PRODUCER'S  LICENSE,  SHALL  BE  GOVERNED  BY  THE
PROVISIONS OF SECTION ONE HUNDRED-ONE-AA OF THIS ARTICLE.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15637-01-2

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