senate Bill S3828

Relates to providing alcoholic beverages on credit

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Sponsor

Bill Status


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

  • 21 / Feb / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 17 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1433
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Relates to providing alcoholic beverages on credit; removes restrictions.

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Bill Details

See Assembly Version of this Bill:
A2117
Versions:
S3828
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง100, ABC L
Versions Introduced in 2011-2012 Legislative Cycle:
A9361, A9361

Sponsor Memo

BILL NUMBER:S3828 REVISED 4/25/13

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to providing alcoholic beverages on credit

PURPOSE: To permit wine and liquor retailers to extend store credit
to customers

SUMMARY OF PROVISIONS:

Section one amends subdivisions 5, 6, and 7 of section 100 of the
alcoholic beverage control law by removing the prohibition on selling,
delivering, or giving away any alcoholic beverage on credit by retail
licensees for off-premises consumption.

Section two provides the effective date.

JUSTIFICATION: Currently, a wine and liquor retailer may accept
credit cards for payment of merchandise, but may not extend its own
credit This is often problematic with large corporate customers or
customers ordering for an event, since a retailer is not able to
deliver the product and then send an invoice for payment. Customers
are instead required to pay up front, in advance of delivery. By
lifting this restriction, wine and liquor retailers can bill though
the use of an invoice and operate in conformance with standard
business practices.

LEGISLATIVE HISTORY: A.9361 of 2012, referred to economic
development.

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
________________________________________________________________________

                                  3828

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 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 alcoholic beverages on credit

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

  Section 1. Subdivisions 5, 6  and 7 of section 100  of  the  alcoholic
beverage  control  law,  subdivision  5 as amended by chapter 797 of the
laws of 1986, subdivision 6 as added by chapter 526 of the laws of  1939
and  subdivision  7  as  added  by  chapter 256 of the laws of 1978, are
amended to read as follows:
  5. [No retail licensee for off-premises consumption shall sell, deliv-
er or give away, or cause, permit or procure to be  sold,  delivered  or
given  away  any  alcoholic  beverage, other than as provided herein, on
credit: a retail licensee for off-premises consumption, except a  winery
licensee,  may accept third party credit cards for the sale of any alco-
holic beverage for which it is licensed; a winery  licensee  having  the
right  to  sell  wine  at retail for off-premises consumption may accept
third party credit cards for the sale of said beverages  at  the  winery
premises only; and any person duly authorized to sell wine at retail for
consumption  off the premises may sell on credit to any regularly organ-
ized church, synagogue or religious organization, wines to be  used  for
sacramental  purposes  only.  For purposes of this subdivision, beer and
wine products that are delivered and left at the residence of a consumer
without payment of the balance due thereon shall not constitute  a  sale
on credit.
  6.]  No  licensee  shall  sell or purchase any receipts, certificates,
contracts or other documents issued for the storage of alcoholic  bever-
ages except as provided by the rules of the liquor authority. The liquor
authority  shall  prescribe such rules for the purchase and sale of such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05060-01-3

S. 3828                             2

receipts, certificates, contracts or  other  documents  issued  for  the
storage  of  alcoholic beverages which, in its opinion, will best accom-
plish
  (1) Elimination of fraudulent and deceptive transactions;
  (2) Protection of purchasers against defaults by sellers;
  (3)  The  delivery  of  the  alcoholic  beverages  represented by such
receipts or documents, and
  (4) The payment of all taxes due thereon to the state.
  [7.] 6. Within ten days after filing a new application to sell  liquor
at  retail under section sixty-three, sixty-four, sixty-four-a or sixty-
four-b of this chapter, a notice thereof, in the form prescribed by  the
authority,  shall  be  posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make  reason-
able  efforts  to  insure such notice shall remain posted throughout the
pendency of the application. The  provisions  hereof  shall  apply  only
where  no  retail  liquor  license  has  previously been granted for the
proposed premise  and  shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules  it  may  deem  necessary  to
carry out the purpose of this subdivision.
  S 2. This act shall take effect immediately.

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