BILL NUMBER:A10911
TITLE OF BILL: An act to amend the alcoholic beverage control law and
the tax law, in relation to regulating the sale of alcoholic beverages
and tobacco products via computer
PURPOSE OR GENERAL IDEA OF BILL: To amend the alcoholic beverage
control law and the tax law, in relation to regulating the sale of alco-
holic beverages and tobacco products via computer.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Persons would be prohibited
from buying alcohol via a computer communication system unless the prod-
uct is delivered to the purchaser at an establishment licensed by the
state to sell alcohol.
Section 2: Persons would be prohibited from buying tobacco via a comput-
er communication system -- such as the Internet -- unless the product is
delivered to the purchaser at an establishment registered with the
state, under the tax law, to sell tobacco.
EFFECTS OF PRESENT LAW.WHICH THIS BILL WOULD ALTER:
* Section 65 of the alcoholic beverage control law is amended by adding
a new subdivision 6
* Section 480-a of the tax law is amended by adding a new subdivision
S T A T E O F N E W Y O R K
________________________________________________________________________
10911
I N A S S E M B L Y
April 29, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CROUCH
-- read once and referred to the Committee on Economic Development,
Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law and the tax law, in
relation to regulating the sale of alcoholic beverages and tobacco
products via computer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 65 of the alcoholic beverage control law is amended
by adding a new subdivision 7 to read as follows:
7. NO PERSON WHETHER WITHIN OR WITHOUT THE STATE, SHALL ACCEPT ANY
OFFER TO PURCHASE ANY ALCOHOLIC BEVERAGE AT RETAIL WHICH OFFER IS MADE
USING ANY COMPUTER COMMUNICATION SYSTEM OR ELECTRONIC DATA STORAGE MEDI-
UM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER OF COMPUTER DATA
OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER UNLESS THE ALCOHOLIC
BEVERAGES ARE DELIVERED TO THE PURCHASER AT AN ESTABLISHMENT LICENSED TO
SELL SUCH ALCOHOLIC BEVERAGES AT RETAIL IN THIS STATE. SUCH SALES SHALL
BE SUBJECT TO ALL THE PROVISIONS OF THIS CHAPTER REGULATING SALES.
S 2. Section 480-a of the tax law is amended by adding a new subdivi-
sion 2-a to read as follows:
2-A. NO PERSON WHETHER WITHIN OR WITHOUT THE STATE, SHALL ACCEPT ANY
OFFER TO PURCHASE ANY TOBACCO PRODUCTS AT RETAIL WHICH OFFER IS MADE
USING ANY COMPUTER COMMUNICATION SYSTEM OR ELECTRONIC DATA STORAGE MEDI-
UM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER OF COMPUTER DATA
OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER UNLESS THE TOBACCO
PRODUCTS ARE DELIVERED TO THE PURCHASER AT AN ESTABLISHMENT REGISTERED
TO SELL SUCH TOBACCO PRODUCTS AT RETAIL IN THIS STATE. SUCH SALES SHALL
BE SUBJECT TO ALL THE PROVISIONS OF THIS CHAPTER REGULATING SALES.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15898-01-0
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