Senate Bill S2089

2009-2010 Legislative Session

Relates to the manner of posting and changing beer prices to beer wholesalers and retail licensees

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

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Bill Amendments

co-Sponsors

2009-S2089 - Details

Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §53-b, ABC L

2009-S2089 - Summary

Relates to the manner of posting and changing beer prices to beer wholesalers and retail licensees.

2009-S2089 - Sponsor Memo

2009-S2089 - Bill Text download pdf

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

                                  2089

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  ESPADA,  DIAZ,  KRUGER, ONORATO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Commerce, Economic Development and Small Business

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  manner of posting and changing beer prices to wholesalers  and  retail
  licensees

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

  Section 1. Section 55-b of the  alcoholic  beverage  control  law,  as
added  by  chapter  899 of the laws of 1973, subdivision 2 as amended by
chapter 322 of the laws of 1978 and subdivision 4 as amended by  chapter
176 of the laws of 1999, is amended to read as follows:
  S 55-b. Manner of  POSTING AND changing beer prices to wholesalers and
retail  licensees.  1.  It is hereby declared as the policy of the state
that the sale and distribution of  beer  shall  be  subject  to  certain
restrictions,  prohibitions  and  regulations  which tend to maintain an
orderly market and prevent destructive competition. The necessity of the
provisions of this section is therefore declared as a matter of legisla-
tive necessity.
  2. AS USED IN THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A. "BEER WHOLESALER" OR "WHOLESALER" MEANS  THE  HOLDER  OF  A  WHOLE-
SALER'S  LICENSE,  PURSUANT  TO SECTION FIFTY-THREE OF THIS ARTICLE, WHO
PURCHASES, OFFERS TO SELL, MARKETS, PROMOTES, WAREHOUSES  OR  PHYSICALLY
DISTRIBUTES BEER SOLD BY A BREWER.
  B.  "CASE",  "DRAFT  PACKAGE"  OR  "SPECIAL  PACKAGE"  MEANS A PACKAGE
PRODUCED BY A BREWER AND SOLD TO A BEER WHOLESALER.
  C. "COD" MEANS CASH, CHECK OR ELECTRONIC PAYMENT AT THE TIME OF DELIV-
ERY.
  D. "FORKLIFT" MEANS ANY MECHANICAL SYSTEM ABLE TO UNLOAD PALLETS OFF A
DELIVERY VEHICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-01-9
              

co-Sponsors

2009-S2089A - Details

Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §53-b, ABC L

2009-S2089A - Summary

Relates to the manner of posting and changing beer prices to beer wholesalers and retail licensees.

2009-S2089A - Sponsor Memo

2009-S2089A - Bill Text download pdf

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

                                 2089--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by Sens. ESPADA, ADAMS, DIAZ, DILAN, HASSELL-THOMPSON, KRUG-
  ER, MONSERRATE, ONORATO, SAVINO, STEWART-COUSINS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Commerce,  Economic  Development  and  Small  Business  --   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
  authorizing non-contracted  wholesalers  to  purchase  beer  from  any
  licensed wholesaler within the state

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

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 53-b to read as follows:
  S 53-B. PURCHASE OF BEER BY NON-CONTRACTED WHOLESALERS. 1. IT IS HERE-
BY  DECLARED  AS THE POLICY OF THE STATE THAT NON-CONTRACTED WHOLESALERS
PLAY AN IMPORTANT ROLE IN THE STATE'S BEER DISTRIBUTION SYSTEM. NON-CON-
TRACTED WHOLESALERS PROVIDE FOR DISTRIBUTION OF BEER  IN  AREAS  OF  THE
STATE  THAT  ARE  UNDERSERVED BY BEER WHOLESALERS AND PROVIDE FOR LITTER
AND SOLID WASTE CONTROL PURSUANT TO TITLE TEN OF ARTICLE TWENTY-SEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW. THE NECESSITY OF THE  PROVISIONS  OF
THIS SECTION IS THEREFORE DECLARED AS A MATTER OF LEGISLATIVE NECESSITY.
  2. AS USED IN THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A.  "BEER  WHOLESALER"  OR  "WHOLESALER"  MEANS THE HOLDER OF A WHOLE-
SALER'S LICENSE, PURSUANT TO SECTION FIFTY-THREE OF THIS   ARTICLE,  WHO
PURCHASES,  OFFERS  TO SELL, MARKETS, PROMOTES, WAREHOUSES OR PHYSICALLY
DISTRIBUTES BEER SOLD BY A  BREWER.
  B. "NON-CONTRACTED WHOLESALER" MEANS  THE  HOLDER  OF  A  WHOLESALER'S
LICENSE  ISSUED  OR RENEWED PRIOR TO JULY FIRST, NINETEEN HUNDRED SIXTY,
AND THEREAFTER RENEWED OR TRANSFERRED WHO (1) PURCHASES PRODUCTS FROM  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-04-9

              

co-Sponsors

2009-S2089B - Details

Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §53-b, ABC L

2009-S2089B - Summary

Relates to the manner of posting and changing beer prices to beer wholesalers and retail licensees.

2009-S2089B - Sponsor Memo

2009-S2089B - Bill Text download pdf

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

                                 2089--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by Sens. ESPADA, ADAMS, DIAZ, DILAN, HASSELL-THOMPSON, KRUG-
  ER, MONSERRATE, ONORATO, SAVINO, STEWART-COUSINS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Commerce,  Economic  Development  and  Small  Business  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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  the
  manner  of  posting and changing beer prices to wholesalers and retail
  licensees

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 53-b to read as follows:
  S 53-B. MANNER OF POSTING AND CHANGING BEER PRICES TO WHOLESALERS  AND
RETAIL LICENSEES IN CITIES OF ONE MILLION OR MORE.
  1.  IT IS HEREBY DECLARED AS THE POLICY OF THE STATE THAT THE SALE AND
DISTRIBUTION OF BEER SHALL BE SUBJECT TO CERTAIN RESTRICTIONS,  PROHIBI-
TIONS  AND  REGULATIONS  WHICH  TEND  TO  MAINTAIN AN ORDERLY MARKET AND
PREVENT DESTRUCTIVE COMPETITION. THE NECESSITY OF THE PROVISIONS OF THIS
SECTION IS THEREFORE DECLARED AS A MATTER OF LEGISLATIVE NECESSITY.
  2. AS USED IN THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A. "BEER WHOLESALER" OR "WHOLESALER" MEANS  THE  HOLDER  OF  A  WHOLE-
SALER'S  LICENSE,  PURSUANT  TO SECTION FIFTY-THREE OF THIS ARTICLE, WHO
PURCHASES, OFFERS TO SELL, MARKETS, PROMOTES, WAREHOUSES  OR  PHYSICALLY
DISTRIBUTES BEER SOLD BY A BREWER.
  B.  "CASE",  "DRAFT  PACKAGE"  OR  "SPECIAL  PACKAGE"  MEANS A PACKAGE
PRODUCED BY A BREWER AND SOLD TO A BEER WHOLESALER.
  C. "COD" MEANS CASH, CHECK OR ELECTRONIC PAYMENT AT THE TIME OF DELIV-
ERY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-09-9
              

co-Sponsors

2009-S2089C (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §53-b, ABC L

2009-S2089C (ACTIVE) - Summary

Relates to the manner of posting and changing beer prices to beer wholesalers and retail licensees.

2009-S2089C (ACTIVE) - Sponsor Memo

2009-S2089C (ACTIVE) - Bill Text download pdf

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

                                 2089--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by Sens. ESPADA, ADAMS, DIAZ, DILAN, HASSELL-THOMPSON, KRUG-
  ER, MONSERRATE, ONORATO, SAVINO, STEWART-COUSINS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Commerce,  Economic  Development  and  Small  Business  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Commerce, Economic Development and Small Business
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  manner of posting and changing beer prices to wholesalers  and  retail
  licensees

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

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 53-b to read as follows:
  S 53-B. MANNER  OF POSTING AND CHANGING BEER PRICES TO WHOLESALERS AND
RETAIL LICENSEES IN CITIES OF ONE MILLION OR MORE.
  1. IT IS HEREBY DECLARED AS THE POLICY OF THE STATE THAT THE SALE  AND
DISTRIBUTION  OF BEER SHALL BE SUBJECT TO CERTAIN RESTRICTIONS, PROHIBI-
TIONS AND REGULATIONS WHICH TEND  TO  MAINTAIN  AN  ORDERLY  MARKET  AND
PREVENT DESTRUCTIVE COMPETITION. THE NECESSITY OF THE PROVISIONS OF THIS
SECTION IS THEREFORE DECLARED AS A MATTER OF LEGISLATIVE NECESSITY.
  2. AS USED IN THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A.  "BEER  WHOLESALER"  OR  "WHOLESALER"  MEANS THE HOLDER OF A WHOLE-
SALER'S LICENSE, PURSUANT TO SECTION FIFTY-THREE OF  THIS  ARTICLE,  WHO
PURCHASES,  OFFERS  TO SELL, MARKETS, PROMOTES, WAREHOUSES OR PHYSICALLY
DISTRIBUTES BEER SOLD BY A BREWER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-10-9
              

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