assembly Bill A488C

2009-2010 Legislative Session

Relates to agreements between brewers and beer wholesalers

download bill text pdf

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2010 3rd reading cal.1330
substituted for s5614b
Jun 09, 2010 referred to commerce, economic development and small business
delivered to senate
passed assembly
Jan 12, 2010 amended on third reading 488c
Jan 06, 2010 ordered to third reading cal.31
returned to assembly
died in senate
Jun 18, 2009 referred to rules
delivered to senate
passed assembly
Jun 15, 2009 amended on third reading 488b
May 11, 2009 amended on third reading 488a
Feb 26, 2009 advanced to third reading cal.124
Feb 25, 2009 reported
Feb 24, 2009 reported referred to codes
Jan 07, 2009 referred to economic development

A488 - Details

See Senate Version of this Bill:
S5614
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §55-c, ABC L
Versions Introduced in 2011-2012 Legislative Session:
A789, A8962, S1315

A488 - Summary

Permits brewers with a certain annual volume and with a certain percentage of sales to terminate an agreement with a beer wholesaler without having good cause; requires payment of fair market value of the applicable distribution rights lost; allows for the arbitration panel to review the fair market value; sets forth definitions.

A488 - Sponsor Memo

A488 - Bill Text download pdf

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

                                   488

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO, LATIMER, MAGEE, MORELLE, BUTLER, BALL --
  Multi-Sponsored  by -- M. of A. GALEF -- 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
  agreements between small brewers and beer wholesalers

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

  Section 1. Subdivision 4 of section 55-c  of  the  alcoholic  beverage
control law is amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY:
  (I)  ANY  BREWER WITH AN ANNUAL VOLUME AS DEFINED IN THIS PARAGRAPH OF
LESS THAN THREE HUNDRED THOUSAND BARRELS OF BEER AND WHOSE SALES  TO  AN
AFFECTED  BEER  WHOLESALER  ARE THREE PERCENT OR LESS OF THE BEER WHOLE-
SALER'S TOTAL ANNUAL BRAND SALES MEASURED IN CASE  EQUIVALENT  SALES  OF
TWENTY-FOUR--TWELVE OUNCE UNITS MAY TERMINATE AN AGREEMENT WITH ANY BEER
WHOLESALER WITHOUT HAVING GOOD CAUSE FOR SUCH TERMINATION, AS DEFINED IN
PARAGRAPH  (E)  OF  SUBDIVISION  TWO  OF  THIS SECTION, AND SHALL NOT BE
SUBJECT TO LIABILITY TO THE  BEER  WHOLESALER  UNDER  PARAGRAPH  (B)  OF
SUBDIVISION  SEVEN OF THIS SECTION PROVIDED THAT, PRIOR TO THE EFFECTIVE
DATE OF THE TERMINATION, THE BREWER PAYS THE BEER  WHOLESALER  THE  FAIR
MARKET VALUE OF THE DISTRIBUTION RIGHTS WHICH WILL BE LOST OR DIMINISHED
BY  REASON  OF THE TERMINATION. IF THE BREWER AND BEER WHOLESALER CANNOT
MUTUALLY AGREE TO THE FAIR MARKET VALUE OF THE  APPLICABLE  DISTRIBUTION
RIGHTS  LOST OR DIMINISHED BY REASON OF THE TERMINATION, THEN THE BREWER
SHALL PAY THE BEER WHOLESALER A GOOD FAITH ESTIMATE OF THE  FAIR  MARKET
VALUE OF THE APPLICABLE DISTRIBUTION RIGHTS.
  (II) IF THE BEER WHOLESALER BEING TERMINATED UNDER SUBPARAGRAPH (I) OF
THIS  PARAGRAPH  DISPUTES  THAT  THE PAYMENT MADE BY THE BREWER WAS LESS
THAN THE FAIR MARKET VALUE OF THE DISTRIBUTION  RIGHTS,  THEN  THE  BEER
WHOLESALER MAY WITHIN FORTY-FIVE DAYS OF TERMINATION SUBMIT THE QUESTION

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

A488A - Details

See Senate Version of this Bill:
S5614
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §55-c, ABC L
Versions Introduced in 2011-2012 Legislative Session:
A789, A8962, S1315

A488A - Summary

Permits brewers with a certain annual volume and with a certain percentage of sales to terminate an agreement with a beer wholesaler without having good cause; requires payment of fair market value of the applicable distribution rights lost; allows for the arbitration panel to review the fair market value; sets forth definitions.

A488A - Bill Text download pdf

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

                                 488--A
                                                        Cal. No. 124

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO, LATIMER, MAGEE, MORELLE, BUTLER, BALL --
  Multi-Sponsored by -- M. of A. ERRIGO, GALEF -- read once and referred
  to  the  Committee on Economic Development, Job Creation, Commerce and
  Industry -- reported from committee,  advanced  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  agreements between small brewers and beer wholesalers

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

  Section 1. Subdivision 4 of section 55-c  of  the  alcoholic  beverage
control law is amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY:
  (I)  ANY  BREWER WITH AN ANNUAL VOLUME AS DEFINED IN THIS PARAGRAPH OF
LESS THAN THREE HUNDRED THOUSAND BARRELS OF BEER AND WHOSE SALES  TO  AN
AFFECTED  BEER  WHOLESALER  ARE THREE PERCENT OR LESS OF THE BEER WHOLE-
SALER'S TOTAL ANNUAL BRAND SALES MEASURED IN CASE  EQUIVALENT  SALES  OF
TWENTY-FOUR--TWELVE  OUNCE  UNITS,  HEREINAFTER  REFERRED TO AS "COVERED
BREWERS," MAY TERMINATE AN AGREEMENT WITH ANY  BEER  WHOLESALER  WITHOUT
HAVING  GOOD  CAUSE FOR SUCH TERMINATION, AS DEFINED IN PARAGRAPH (E) OF
SUBDIVISION TWO OF THIS SECTION, AND SHALL NOT BE SUBJECT  TO  LIABILITY
TO  THE BEER WHOLESALER UNDER PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS
SECTION PROVIDED THAT, PRIOR TO THE EFFECTIVE DATE OF  THE  TERMINATION,
SUCH  COVERED  BREWER  PAYS THE BEER WHOLESALER THE FAIR MARKET VALUE OF
THE DISTRIBUTION RIGHTS WHICH WILL BE LOST OR DIMINISHED  BY  REASON  OF
THE  TERMINATION.  IF  SUCH  BREWER  AND BEER WHOLESALER CANNOT MUTUALLY
AGREE TO THE FAIR MARKET VALUE OF  THE  APPLICABLE  DISTRIBUTION  RIGHTS
LOST OR DIMINISHED BY REASON OF THE TERMINATION, THEN THE COVERED BREWER
SHALL  PAY  THE BEER WHOLESALER A GOOD FAITH ESTIMATE OF THE FAIR MARKET
VALUE OF THE APPLICABLE DISTRIBUTION RIGHTS.

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

A488B - Details

See Senate Version of this Bill:
S5614
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §55-c, ABC L
Versions Introduced in 2011-2012 Legislative Session:
A789, A8962, S1315

A488B - Summary

Permits brewers with a certain annual volume and with a certain percentage of sales to terminate an agreement with a beer wholesaler without having good cause; requires payment of fair market value of the applicable distribution rights lost; allows for the arbitration panel to review the fair market value; sets forth definitions.

A488B - Sponsor Memo

A488B - Bill Text download pdf

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

                                 488--B
                                                        Cal. No. 124

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO, LATIMER, MAGEE, MORELLE, BUTLER, BALL --
  Multi-Sponsored by -- M. of A. ERRIGO, GALEF -- read once and referred
  to  the  Committee on Economic Development, Job Creation, Commerce and
  Industry -- reported from committee,  advanced  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading -- reported from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  agreements between small brewers and beer wholesalers

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

  Section  1.  Subdivision  4  of section 55-c of the alcoholic beverage
control law is amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY:
  (I) ANY BREWER WITH AN ANNUAL VOLUME AS DEFINED IN  SUBPARAGRAPH  (IV)
OF  THIS  PARAGRAPH  OF LESS THAN THREE HUNDRED THOUSAND BARRELS OF BEER
AND WHOSE SALES TO AN AFFECTED BEER WHOLESALER ARE THREE PERCENT OR LESS
OF THE BEER WHOLESALER'S TOTAL  ANNUAL  BRAND  SALES  MEASURED  IN  CASE
EQUIVALENT  SALES  OF  TWENTY-FOUR--TWELVE  OUNCE UNITS MAY TERMINATE AN
AGREEMENT WITH ANY BEER WHOLESALER WITHOUT HAVING GOOD  CAUSE  FOR  SUCH
TERMINATION,  AS  DEFINED  IN  PARAGRAPH  (E) OF SUBDIVISION TWO OF THIS
SECTION, AND SHALL NOT BE SUBJECT TO LIABILITY TO  THE  BEER  WHOLESALER
UNDER  PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION PROVIDED THAT,
PRIOR TO THE EFFECTIVE DATE OF THE TERMINATION, THE BREWER PAYS THE BEER
WHOLESALER THE FAIR MARKET VALUE OF THE DISTRIBUTION RIGHTS  WHICH  WILL
BE  LOST  OR DIMINISHED BY REASON OF THE TERMINATION. IF SUCH BREWER AND
BEER WHOLESALER CANNOT MUTUALLY AGREE TO THE FAIR MARKET  VALUE  OF  THE
APPLICABLE  DISTRIBUTION  RIGHTS  LOST  OR  DIMINISHED  BY REASON OF THE

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A488C (ACTIVE) - Details

See Senate Version of this Bill:
S5614
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §55-c, ABC L
Versions Introduced in 2011-2012 Legislative Session:
A789, A8962, S1315

A488C (ACTIVE) - Summary

Permits brewers with a certain annual volume and with a certain percentage of sales to terminate an agreement with a beer wholesaler without having good cause; requires payment of fair market value of the applicable distribution rights lost; allows for the arbitration panel to review the fair market value; sets forth definitions.

A488C (ACTIVE) - Sponsor Memo

A488C (ACTIVE) - Bill Text download pdf

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

                                 488--C
                                                         Cal. No. 31

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO, LATIMER, MAGEE, MORELLE, BUTLER, BALL --
  Multi-Sponsored by -- M. of A. ERRIGO, GALEF -- read once and referred
  to  the  Committee on Economic Development, Job Creation, Commerce and
  Industry -- reported from committee,  advanced  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading -- reported from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading -- reported from committee, advanced to a third reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  agreements between small brewers and beer wholesalers

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

  Section 1. Subdivision 4 of section 55-c  of  the  alcoholic  beverage
control law is amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY:
  (I)  ANY  BREWER WITH AN ANNUAL VOLUME AS DEFINED IN SUBPARAGRAPH (IV)
OF THIS PARAGRAPH OF LESS THAN THREE HUNDRED THOUSAND  BARRELS  OF  BEER
AND WHOSE SALES TO AN AFFECTED BEER WHOLESALER ARE THREE PERCENT OR LESS
OF  THE  BEER  WHOLESALER'S  TOTAL  ANNUAL  BRAND SALES MEASURED IN CASE
EQUIVALENT SALES OF TWENTY-FOUR--TWELVE OUNCE  UNITS  MAY  TERMINATE  AN
AGREEMENT  WITH  ANY  BEER WHOLESALER WITHOUT HAVING GOOD CAUSE FOR SUCH
TERMINATION, AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  TWO  OF  THIS
SECTION,  AND  SHALL  NOT BE SUBJECT TO LIABILITY TO THE BEER WHOLESALER
UNDER PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION PROVIDED  THAT,
PRIOR TO THE EFFECTIVE DATE OF THE TERMINATION, THE BREWER PAYS THE BEER
WHOLESALER  THE  FAIR MARKET VALUE OF THE DISTRIBUTION RIGHTS WHICH WILL
BE LOST OR DIMINISHED BY REASON OF THE TERMINATION. IF SUCH  BREWER  AND
BEER  WHOLESALER  CANNOT  MUTUALLY AGREE TO THE FAIR MARKET VALUE OF THE

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