Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
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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Bill Amendments
A488 - Details
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
BILL NUMBER:A488 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to agreements between small brewers and beer wholesalers PURPOSE OR GENERAL IDEA OF BILL: This bill amends the ABCL to allow small brewers having three percent (3%) or less of a multi-brand beer wholesaler's annual business, the right to terminate an agreement providing they pay the wholesaler fair compensation, except when the termination is for "good cause" as provided in Section 55-c of the ABCL. SUMMARY OF SPECIFIC PROVISIONS: Section One of this bill would amend section 55-c of the alcoholic beverage control law (ABCL) by adding a new subdivision 4-c. The bill defines small brewer and provides for ending an agreement with a beer wholesaler subject to certain terms relating to the payment of fair compensation to the beer wholesaler for the transfer of the small brewers' brands. Additionally, the bill gives the beer wholesaler the right to submit to binding arbitration regarding "fair market value" and requires the small brewer to pay all arbitration costs if the "value" is not a "good faith" estimate. Section Two would provide for an immediate effective date. JUSTIFICATION: The Beer Franchise Laws were passed in 1996 and amended in 2001 with the purpose of protecting beer wholesalers which typically were smaller local and often family owned businesses from arbitrary termination by large multinational breweries and ensure if they did
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
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
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
BILL NUMBER:A488B TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to agreements between small brewers and beer wholesalers PURPOSE OR GENERAL IDEA OF BILL: This bill amends the ABCL to allow small brewers whose annual volume is less than 300,000 barrels of beer and whose sales to a wholesaler are (3%) or less of a multi-brand beer wholesaler's annual business, the right to terminate an agreement providing they pay the wholesaler fair compensation, except when the termination is for "good cause" as provided in Section 55-c of the ABCL. SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends Section 55-c of the ABCL by adding a new subdivision 4-c. The bill defines small brewer in terms of barrelage and share of a wholesalers business (as above) and provides for ending an agreement with a beer wholesaler subject to certain terms relating to the payment of fair compensation to the beer wholesaler for the transfer of the small brewers' brands. Additionally, the bill gives the beer wholesaler the right to submit to binding arbitration regarding "fair market value" and requires the small brewer to pay all arbitration costs if the
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
George Latimer
William Magee
Joseph Morelle
Marc Butler
Multi-Sponsors
Joseph Errigo
Sandy Galef
Peter Lopez
A488C (ACTIVE) - Details
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
BILL NUMBER:A488C TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to agreements between small brewers and beer wholesalers PURPOSE OR GENERAL IDEA OF BILL: This bill amends the ABCL to allow small brewers whose annual volume is less than 300,000 barrels of beer and whose sales to a wholesaler are (3%) or less of a multi-brand beer wholesaler's annual business, the right to terminate an agreement providing they pay the wholesaler fair compensation, except when the termination is for "good cause" as provided in Section 55-c of the ABCL. SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends Section 55-c of the ABCL by adding a new subdivision 4-c. The bill defines small brewer in terms of barrelage and share of a wholesalers business (as above) and provides for ending an agreement with a beer wholesaler subject to certain terms relating to the payment of fair compensation to the beer wholesaler for the transfer of the small brewers' brands. Addi- tionally, the bill gives the beer wholesaler the right to submit to binding arbitration regarding "fair market value" and requires the small brewer to pay all arbitration costs if the "value" is not a "good faith" estimate. The bill provides for a prospective effective date of January 1, 2010, to allow both beer wholesalers and small brewer suppliers a 6 month period to work out any concerns they may have prior to the acts effective date.
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