Assembly Bill A10817A

2009-2010 Legislative Session

Authorizes holders of wholesalers' licenses to install and operate 1 ATM at each of their facilities

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2010	reported referred to rules
May 20, 2010	print number 10817a
May 20, 2010	amend and recommit to codes
May 04, 2010	reported referred to codes
Apr 21, 2010	referred to economic development

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A10817 - Details

See Senate Version of this Bill:: S7737
Current Committee:: Assembly Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §104, ABC L

2009-A10817 - Summary

Authorizes holders of wholesalers' licenses to install and operate a single ATM at each of their facilities.

2009-A10817 - Sponsor Memo

                                BILL NUMBER:A10817

TITLE  OF BILL:   An act to amend the alcoholic beverage control law, in
relation to permitting the holder of a wholesaler's license  to  install
and operate automated teller machines

PURPOSE OF THE BILL:  This legislation would authorize holders of whole-
salers'  licenses  to  install  and operate ATMs at their facilities, as
recommended by the New York State Law Revision Commission,

SUMMARY OF SPECIFIC PROVISIONS:

§ 1- Amends subdivision 1 of § 104 of the Alcoholic Beverage Control law
by adding a new paragraph (a-1) to allow for the installation and opera-
tion of automated teller machines.

§ 2- Effective date.

JUSTIFICATION: In its final report, the  New  York  State  Law  Revision
Commission  (NYSLRC)  recommended  that  C Licensees be allowed to offer
ATMs. ABCL § 104 currently prohibits New  York  State  Liquor  Authority
(SLA)  C-Licensed  beer  wholesaler/retailers  from conducting any other
business on the licensed premises, with very few exceptions (the sale of
soda,  water,  cigarettes,  potato  chips,  pretzels,  ice,  promotional
items).

There  are approximately 350 C-Licensed beer wholesaler/retailers in New
York State, from Montauk to Buffalo. They  are  typically  multi-genera-
tional  "mom and pop" high-volume beverage centers, that serve primarily
retail consumers and some wholesale accounts (the latter mostly taverns,
bodegas, social clubs, volunteer fire companies, fraternal organizations
and other entities that are too small, or in neighborhoods  regarded  as
undesirable or unprofitable, to be served by franchised wholesalers). In
an old advisory opinion dating back to the 1990's, issued when ATMs were
a  novelty,  the  SLA  concluded  that  § 104 prohibits C-Licensees from
offering the convenience of ATMs to their customers because ATMs consti-
tuted the conducting of another business.

The SLA position no longer reflects the reality of either technology  or
business;  ATMs are now a widespread service just like credit cards. The
SLA ruling also puts C-licensees at a competitive disadvantage,  as  all
other  retail  off-premises  beer  licensees  (supermarkets,  groceries,
convenience stores, gas stations) can offer ATMs.

This amendment will allow C licensed beer wholesaler/retailers to  offer
ATMs,  putting  these stores on an equal footing with their competitors,
and will allow the many customers of these  community-based  stores  the
convenience of ATMs.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE: This act shall take effect on the one hundred eightieth
day after it shall have become a law.

2009-A10817 - Bill Text download pdf

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

                                  10817

                          I N  A S S E M B L Y

                             April 21, 2010
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER, ESPAILLAT, BOYLAND, DelMONTE --
  Multi-Sponsored by -- M.  of A. HIKIND, KOON, MAGEE -- read  once  and
  referred  to  the  Committee  on  Economic  Development, Job Creation,
  Commerce and Industry

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting the holder of a wholesaler's license to install and operate
  automated teller machines

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

  Section 1. Subdivision 1 of section  104  of  the  alcoholic  beverage
control  law  is  amended  by  adding  a  new paragraph (a-1) to read as
follows:
  (A-1) THE INSTALLATION AND  OPERATION  OF  AUTOMATED  TELLER  MACHINES
SHALL  NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF
THIS SUBDIVISION. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  "AUTOMATED
TELLER  MACHINE"  MEANS  A  DEVICE  WHICH  IS LINKED TO THE ACCOUNTS AND
RECORDS OF A BANKING INSTITUTION AND WHICH ENABLES  CONSUMERS  TO  CARRY
OUT  BANKING TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT TRANS-
FERS, DEPOSITS, CASH WITHDRAWALS, BALANCE INQUIRIES, AND LOAN PAYMENTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately the  addition,  amend-
ment,  and/or  repeal of any rule or regulation necessary for the timely
implementation of this act on its effective date is hereby authorized to
be made on or before such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16761-01-0

co-Sponsors

multi-Sponsors

2009-A10817A (ACTIVE) - Details

See Senate Version of this Bill:: S7737
Current Committee:: Assembly Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §104, ABC L

2009-A10817A (ACTIVE) - Summary

Authorizes holders of wholesalers' licenses to install and operate a single ATM at each of their facilities.

2009-A10817A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10817A

TITLE  OF BILL:   An act to amend the alcoholic beverage control law, in
relation to permitting the holder of a wholesaler's license  to  install
and operate automated teller machines

PURPOSE  OF THE BILL: This legislation would authorize holders of whole-
salers' licenses to install and operate ATMs  at  their  facilities,  as
recommended by the New York State Law Revision Commission.

SUMMARY OF SPECIFIC PROVISIONS:

§ 1- Amends subdivision 1 of § 104 of the Alcoholic Beverage Control law
by adding a new paragraph (a-1) to allow for the installation and opera-
tion of one automated teller machine.

§ 2- Effective date.

JUSTIFICATION:    In  its  final report, the New York State Law Revision
Commission (NYSLRC) recommended that C Licensees  be  allowed  to  offer
ATMs.  ABCL  §104  currently  prohibits  New York State Liquor Authority
(SLA) C-Licensed beer wholesaler/retailers  from  conducting  any  other
business on the licensed premises, with very few exceptions (the sale of
soda,  water,  cigarettes,  potato  chips,  pretzels,  ice,  promotional
items).

There are approximately 350 C-Licensed beer wholesaler/retailers in  New
York  State,  from  Montauk to Buffalo. They are typically multi-genera-
tional "mom and pop" high-volume beverage centers, that serve  primarily
retail consumers and some wholesale accounts (the latter mostly taverns,
bodegas, social clubs, volunteer fire companies, fraternal organizations
and  other  entities that are too small, or in neighborhoods regarded as
undesirable or unprofitable, to be served by franchised wholesalers). In
an old advisory opinion dating back to the 1990's, issued when ATMs were
a novelty, the SLA concluded that §104 prohibits C-Licensees from offer-
ing the convenience of ATMs to their customers because ATMs  constituted
the conducting of another business.

The  SLA position no longer reflects the reality of either technology or
business; ATMs are now a widespread service just like credit cards.  The
SLA  ruling  also puts C-licensees at a competitive.disadvantage, as all
other  retail  off-premises  beer  licensees  (supermarkets,  groceries,
convenience stores, gas stations) can offer ATMs.

This  amendment will allow C licensed beer wholesaler/retailers to offer
ATMs, putting these stores on an equal footing with  their  competitors,
and  will  allow  the many customers of these community-based stores the
convenience of ATMs.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it
shall have become a law.

2009-A10817A (ACTIVE) - Bill Text download pdf

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

                                10817--A

                          I N  A S S E M B L Y

                             April 21, 2010
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER, ESPAILLAT, BOYLAND, DelMONTE --
  Multi-Sponsored by -- M. of A. HIKIND, KOON, MAGEE --  read  once  and
  referred  to  the  Committee  on  Economic  Development, Job Creation,
  Commerce and Industry -- reported and referred  to  the  Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting the holder of a wholesaler's license to install and operate
  automated teller machines

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

  Section 1. Subdivision 1 of section  104  of  the  alcoholic  beverage
control  law  is  amended  by  adding  a  new paragraph (a-1) to read as
follows:
  (A-1) THE INSTALLATION AND OPERATION  OF  A  SINGLE  AUTOMATED  TELLER
MACHINE  AT  EACH  LICENSED  PREMISES  SHALL  NOT CONSTITUTE ENGAGING IN
ANOTHER BUSINESS  WITHIN  THE  MEANING  OF  THIS  SUBDIVISION.  FOR  THE
PURPOSES  OF THIS SUBDIVISION, "AUTOMATED TELLER MACHINE" MEANS A DEVICE
WHICH IS LINKED TO THE ACCOUNTS AND RECORDS OF A BANKING INSTITUTION AND
WHICH ENABLES CONSUMERS TO CARRY OUT  BANKING  TRANSACTIONS,  INCLUDING,
BUT  NOT  LIMITED  TO,  ACCOUNT  TRANSFERS,  DEPOSITS, CASH WITHDRAWALS,
BALANCE INQUIRIES, AND LOAN PAYMENTS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law. Effective immediately the addition, amendment, and/or
repeal of any rule or regulation necessary for the timely implementation
of  this act on its effective date is hereby authorized to be made on or
before such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16761-06-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A10817A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A10817 - Details

2009-A10817 - Summary

2009-A10817 - Sponsor Memo

2009-A10817 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A10817A (ACTIVE) - Details

2009-A10817A (ACTIVE) - Summary

2009-A10817A (ACTIVE) - Sponsor Memo

2009-A10817A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A10817A

Assembly Bill A10817A

Share this bill

Sponsored By

SCHIMMINGER

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Adriano Espaillat

William Boyland

Francine DelMonte

multi-Sponsors

Dov Hikind

David Koon

William Magee

2009-A10817 - Details

2009-A10817 - Summary

2009-A10817 - Sponsor Memo

2009-A10817 - Bill Text download pdf

co-Sponsors

Adriano Espaillat

William Boyland

Francine DelMonte

multi-Sponsors

Dov Hikind

David Koon

William Magee

2009-A10817A (ACTIVE) - Details

2009-A10817A (ACTIVE) - Summary

2009-A10817A (ACTIVE) - Sponsor Memo

2009-A10817A (ACTIVE) - Bill Text download pdf

Comments