senate Bill S352

Provides no fines shall be issued except upon a finding of intent on the part of the licensee and if no intent shall be found, the penalty shall not exceed a letter of warning

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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

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / May / 2013
    • 1ST REPORT CAL.665
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 352A
  • 18 / Jun / 2013
    • AMEND BY RESTORING TO ORIGINAL PRINT 352
  • 20 / Jun / 2013
    • SUBSTITUTED BY A7166

Summary

Provides that no retail licensee for on-premises consumption shall intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or wholesaler.

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Bill Details

See Assembly Version of this Bill:
A7166
Versions:
S352
Legislative Cycle:
2013-2014
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง106, ABC L

Votes

7
1
7
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S352

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to providing
that no retail licensee for on-premises consumption shall intentionally
adulterate, dilute or fortify the contents of any container of alcoholic
beverages

PURPOSE:
To clarify that it is prohibited to intentionally adulterate any
container of alcoholic beverages as received from the manufacturer or
wholesaler.

SUMMARY OF PROVISIONS:
Section one prohibits a licensee from intentionally adulterating any
container of alcoholic beverages as received from the manufacturer or
wholesaler.

Section two of this bill provides an immediate effective date.

EXISTING LAW:
Adulteration is prohibited regardless
of whether such
adulteration was intentional.

JUSTIFICATION:
This section is often used by the SLA to cite licensees for fruit
flies that get into beverage containers. The presence of fruit flies
in a container is a health code issue not an Alcohol Beverage Control
issue. This section was designed to make sure the licensee or
employee does not engage in devious behavior to take advantage of
their customers, but is being used by the SLA outside of its proper
scope.. By limiting the SLA to citing licensees for intentional
adulteration, the SLA will be able to continue to protect consumers
from dishonest business practices, without venturing into enforcement
areas inappropriate for the SLA.

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
________________________________________________________________________

                                   352

                       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 Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  providing  that  no  retail licensee for on-premises consumption shall
  intentionally adulterate,  dilute  or  fortify  the  contents  of  any
  container of alcoholic beverages

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

  Section 1. Paragraph (a) of subdivision 2 of section 106 of the  alco-
holic  beverage  control  law,  as amended by chapter 512 of the laws of
2000, is amended to read as follows:
  (a) No retail licensee  for  on-premises  consumption,  except  corpo-
rations  operating railroad cars or aircraft being operated on regularly
scheduled flights by a United States certificated airline or persons  or
corporations  operating  a  hotel, as defined in subdivision fourteen of
section three of this chapter, for exclusive use in  the  furnishing  of
room service in the manner prescribed by rule or regulation of the state
liquor  authority,  shall  keep  upon  the licensed premises any liquors
and/or wines in any cask, barrel,  keg,  hogshead  or  other  container,
except  in the original sealed package as received from the manufacturer
or wholesaler. Such containers shall have affixed thereto such labels as
may be required by the rules of the liquor authority, together with  all
necessary  federal  revenue and New York state excise stamps as required
by law. No retail licensee  for  on-premises  consumption  shall  reuse,
refill,  tamper  with,  INTENTIONALLY  adulterate, dilute or fortify the
contents of any container of alcoholic beverages as  received  from  the
manufacturer or wholesaler.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02150-01-3

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