senate Bill S2321

Amended

Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development in the beer, wine and liquor industries

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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

  • 16 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 05 / Mar / 2013
    • 1ST REPORT CAL.155
  • 06 / Mar / 2013
    • 2ND REPORT CAL.
  • 07 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 29 / Apr / 2013
    • AMENDED ON THIRD READING 2321A
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 18 / Mar / 2014
    • 1ST REPORT CAL.300
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • SUBSTITUTED BY A8679

Summary

Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development and job opportunities in the beer, wine and liquor industries of the state.

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Bill Details

Versions:
S2321
S2321A
Legislative Cycle:
2013-2014
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง2, ABC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1515A
2009-2010: S6184
2007-2008: A10314, S7178

Votes

6
0
6
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S2321

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to the state policy with regard to alcoholic beverages

PURPOSE: This bill updates the overall "policy of state and purpose
of chapter" that is the articulated state public policy and purpose of
the Alcoholic Beverage Control Law. This New York State policy was
first articulated by the New York State Legislature when it adopted
the first Alcoholic Beverage Control Law after the repeal of the 18th
Amendment (Prohibition) to the United States Constitution in 1933.
While this provision has not been amended since 1934, the nature,
kinds and environment on the consumption and use patterns of alcoholic
beverages has changed significantly since 1934 as it relates to such
beverages, manufacture, distribution, sale and consumption. This bill
idea comes from the recommendations of the NYS Law Revision Commission
which issued a report on the Alcoholic Beverage Control Law and its
Administration, dated December 15, 2009.

SUMMARY OF PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 2 "Policy of
state and purpose of chapter". This amendment adds to the policy of
the State Liquor Authority to also consider supporting, where
possible, the economic development and job opportunities of this State
when making decisions related to regulating alcoholic beverages. This
new policy consideration of supporting economic growth and job
development, would be in addition to, but subservient to the already
articulated public policy to control the manufacture, sale, and
distribution of alcoholic beverages in this State to foster and
promote temperance in the consumption of alcoholic beverages and
respect for and obedience to the law. The kinds of economic
development that can be supported relate to alcoholic beverage
production, tourism & recreation industries, and actions which could
promote the conservation & enhancement of the state's agricultural
lands.

EXISTING LAW: Under current law, the State Liquor Authority, in its
activities, is to consider the control of the manufacture, sale and
distribution of alcoholic beverages without any consideration at all
as to the economic benefits and job creation possibilities that are
derived from promoting activities that relate to the alcoholic
beverage industry.

JUSTIFICATION: The overall environment in which the regulation of the
manufacture, distribution, sale and consumption of alcoholic beverages
has changed greatly since the public policy statement contained in
section 2 of the Alcoholic Beverage control Law was first adopted in
1933. Since, 1933, the Great Depression is over, the Allied Forces won
the Second World Wax, and the Cold War is now over. Further, consumer
preferences and consumption patterns for alcoholic beverages have
changed significantly since the policy statement contained in Section
2 was adopted 79 years ago.

It is now time to modernize the over arching stated policy with regard
to regulating the manufacture, distribution, sale and consumption of


alcoholic beverages so that it better reflects the economic benefits
that can be derived to the State of New York by encouraging the
production of quality beer, wine, and spirits. Further, the
appropriate regulation of such beverages can help to promote economic
development and job creation. Expanding production facilities that
manufacture beer, wine, and liquors in this State can help to increase
manufacturing employment and the demand for state produced
agricultural crops, preserve working farms & open spaces, and minimize
future real property tax increases. In addition, such a shift in
policy could help to support prudent avenues to increase economic
opportunities related to the State's tourism and recreation
industries.

This bill will give regulators the tools that they need to consider
the economic development and job opportunities that can be created by
promoting the prudent expansion of the manufacture of beer, wines, and
liquors, and other ancillary activities that can help to promote
tourism and recreational activities.

LEGISLATIVE HISTORY: Similar. to 2008: A.10314 Referred to Economic
Development 2010: A.6184 Referred to Investigations & Government
Operations 2012: S. 1515-A - Senate Calendar Number 973

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days after it shall have become law.

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

                                  2321

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, GALLIVAN, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  state policy with regard to alcoholic beverages

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

  Section 1. Section 2 of the alcoholic beverage control law, as amended
by chapter 111 of the laws of 1978, is amended to read as follows:
  S 2. Policy of state and purpose of chapter.  It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic  bever-
ages  for  the  purpose  of  fostering and promoting temperance in their
consumption and respect for and obedience to law.  THIS CHAPTER SHALL BE
DEEMED AN EXERCISE OF THE POLICE POWER OF THE  STATE,  FOR  THE  PRIMARY
PURPOSE OF PROMOTING THE HEALTH, WELFARE AND SAFETY OF THE PEOPLE OF THE
STATE,  PROMOTING  TEMPERANCE IN THE CONSUMPTION OF ALCOHOLIC BEVERAGES;
AND, TO THE EXTENT POSSIBLE, SUPPORTING ECONOMIC  GROWTH,  JOB  DEVELOP-
MENT,  AND  THE STATE'S ALCOHOLIC BEVERAGE PRODUCTION INDUSTRIES AND ITS
TOURISM AND RECREATION INDUSTRY; AND WHICH PROMOTES THE CONSERVATION AND
ENHANCEMENT OF STATE AGRICULTURAL LANDS; PROVIDED THAT  SUCH  ACTIVITIES
DO  NOT CONFLICT WITH THE PRIMARY REGULATORY OBJECTIVES OF THIS CHAPTER.
It is hereby declared that such [policy] POLICIES will best  be  carried
out by empowering the liquor authority of the state to determine whether
public  convenience  and  advantage  will be promoted by the issuance of
licenses to traffic in alcoholic beverages, the increase or decrease  in
the  number  thereof  and  the  location  of  premises licensed thereby,
subject only to the right of judicial review [hereinafter] provided  for
IN  THIS  CHAPTER.  It is the purpose of this chapter to carry out [that
policy] THESE POLICIES in the public interest. [The restrictions,  regu-
lations  and  provisions  contained  in  this chapter are enacted by the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05643-01-3

S. 2321                             2

legislature for the protection, health, welfare and safety of the people
of the state.]
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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