senate Bill S1440

Amended

Relates to seven day licenses to sell wine or liquor

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Sponsor

Co-Sponsors

Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jun / 2013
    • 1ST REPORT CAL.979
  • 05 / Jun / 2013
    • AMENDED 1440A
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 28 / May / 2014
    • 1ST REPORT CAL.960
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to seven day licenses to sell wine or liquor; permits sales to holders of licenses to sell for on-premises consumption.

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Bill Details

Versions:
S1440
S1440A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง79, 63 & 102, ABC L

Votes

8
1
8
Aye
1
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Commerce, Economic Development and Small Business committee vote details

Sponsor Memo

BILL NUMBER:S1440

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
sales to holders of licenses to sell for on-premises consumption

PURPOSE:
To allow liquor stores to sell wine and/or liquor to retail
establishments for consumption on the premises.

SUMMARY OF PROVISIONS:

Section one amends section 79 of the alcoholic beverage control law by
adding a new subdivision 5 authorizing a holder of a seven day
license to sell wine at retail for off-premise consumption to sell
liquor and/or wine to a person licensed to sell liquor and/or wine at
retail consumption on the premises.

Section two amends section 63 of the alcoholic beverage control law by
adding a new subdivision 7 authorizing a holder of a seven day
license to sell liquor at retail for off-premise consumption to sell
liquor and/or wine to a person licensed to sell liquor and/or wine at
retail consumption on the premises.

Section three amends subdivisions 3-a and 3-b of section 102 of the
alcoholic beverage control law. as amended by chapter 458 of the laws
of 1993. allowing a licensee to purchase alcoholic beverages from an
individual who has a permit under section sixty-three and
seventy-nine of this chapter.

Section four of this bill provides an immediate effective date.

EXISTING LAW:
Liquor stores cannot sell to on premise licensees.

JUSTIFICATION:
This will reduce the prices for on premise retailers and their
customers as well as improve service to on premise licensees. At the
same time, this bill will enhance the liquor store business by
providing them with a new customer base.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediate

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

                                  1440

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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
  permitting sales to  holders  of  licenses  to  sell  for  on-premises
  consumption

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

  Section 1. Section 79 of the alcoholic beverage control law is amended
by adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
ANY  PERSON  LICENSED  UNDER  THIS CHAPTER TO SELL LIQUOR AND/OR WINE AT
RETAIL FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR,  SIXTY-
FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B  OR
EIGHTY-ONE OF THIS CHAPTER.
  S 2. Section 63 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL  LIQUOR  AND/OR  WINE  AT
RETAIL  FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR, SIXTY-
FOUR-A, SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B,  OR
EIGHTY-ONE OF THIS CHAPTER.
  S 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
control  law, as amended by chapter 458 of the laws of 1993, are amended
to read as follows:
  3-a. No licensee or permittee shall purchase or agree to purchase  any
alcoholic  beverages  from  any  person within the state who is not duly
licensed to sell such alcoholic beverage as the case may be, at the time

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04214-01-3

S. 1440                             2

of such agreement and sale nor give any order for any alcoholic beverage
to any individual who is not the holder of a solicitor's permit,  except
as  provided  for  in  section SIXTY-THREE, SEVENTY-NINE, eighty-five or
ninety-nine-g of this chapter.
  3-b.  No  retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person  duly  licensed  within  the
state  by  the  liquor  authority to sell such alcoholic beverage at the
time of such agreement and sale  to  such  retail  licensee,  except  as
provided  for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or nine-
ty-nine-g of this chapter.
  S 4. This act shall take effect immediately.

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