Senate Bill S352A

Signed By Governor
2013-2014 Legislative Session

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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Sponsored By

Archive: Last Bill Status Via A7166 - Signed by Governor


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

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Bill Amendments

co-Sponsors

2013-S352 (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L

2013-S352 (ACTIVE) - 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.

2013-S352 (ACTIVE) - Sponsor Memo

2013-S352 (ACTIVE) - Bill Text download pdf

                            
                    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
              

co-Sponsors

2013-S352A - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L

2013-S352A - 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.

2013-S352A - Sponsor Memo

2013-S352A - Bill Text download pdf

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

                                 352--A
    Cal. No. 665

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GALLIVAN, BALL -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government  Operations -- 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
  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, adulterate, dilute or fortify the contents of any
container of alcoholic beverages as received from  the  manufacturer  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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