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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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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	committee discharged and committed to rules
Jan 11, 2010	print number 2089c
Jan 11, 2010	amend and recommit to commerce, economic development and small business
Jan 06, 2010	referred to commerce, economic development and small business
Aug 28, 2009	print number 2089b
Aug 28, 2009	amend (t) and recommit to commerce, economic development and small business
Jun 12, 2009	print number 2089a
Jun 12, 2009	amend (t) and recommit to commerce, economic development and small business
Feb 11, 2009	referred to commerce, economic development and small business

Bill Amendments

Original

C (Active)

co-Sponsors

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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

S. 2089                             2

  E. "LOADING DOCK" MEANS A PLATFORM WHERE TRUCKS, SEMI-TRUCKS, AND  SEA
OR RAIL CONTAINERS ARE UNLOADED BY FORKLIFTS.
  F.  "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
BEER WHOLESALER AND (2) IS NOT SUBJECT TO ANY AGREEMENT WITH A BREWER OR
BEER WHOLESALER PURSUANT TO SECTION FIFTY-FIVE-C OF THIS ARTICLE.
  G. "PALLET" MEANS A QUANTITY OF CASES, DRAFT PACKAGES OR SPECIAL PACK-
AGES PRODUCED BY A BREWER AND STACKED ON A DEVICE MOVABLE BY A  FORKLIFT
OR OTHER MECHANICAL METHOD.
  H.  "TRUCKLOAD"  MEANS  A  QUANTITY OF PALLETS CONTAINING CASES, DRAFT
PACKAGES OR SPECIAL PACKAGES OF  NOT  LESS  THAN  THE  MAXIMUM  QUANTITY
FITTING TYPE OF VEHICLE OR LEGAL WEIGHT LIMIT.
  3. No brewer or beer wholesaler may increase the price per case, draft
package  or  special  package  of  beer  sold  to beer wholesalers [or],
NON-CONTRACTED WHOLESALERS (EXCEPT AS OTHERWISE PROVIDED IN  SUBDIVISION
FOUR  OF  THIS  SECTION) AND retail licensees until at least one hundred
eighty days have elapsed since his OR HER last price  decrease  on  such
case,  draft  package  or  special  package, provided, however, that the
brewer or beer wholesaler may increase any price established by  him  OR
HER  at any time in the amount of any direct tax increase on beer, or on
containers thereof, actually paid by such brewer or beer wholesaler, and
provided further, however, that if  a  brewer  or  beer  wholesaler  has
increased  his  OR HER price to beer wholesalers at any time pursuant to
the provisions hereof, the beer wholesaler may increase the price estab-
lished by him OR HER on such package in an amount equal  to  the  direct
price increase to the beer wholesaler. The price per case, draft package
or  special package of beer sold to beer wholesalers or retail licensees
on the first day of the month following the effective date of this [act]
SECTION shall be deemed the base price, to or from which price increases
or decreases may be made in  accordance  with  the  provisions  of  this
section.
  [3.]  4.  BEER WHOLESALERS SHALL POST WITH THE AUTHORITY THE PRICE PER
CASE, DRAFT PACKAGE OR SPECIAL PACKAGE OF BEER SOLD TO RETAIL  LICENSEES
EVERY  ONE  HUNDRED  EIGHTY  DAYS.  THE POSTED PRICE ON SUCH CASE, DRAFT
PACKAGE OR SPECIAL PACKAGE TO RETAIL LICENSEES MUST BE A MINIMUM OF
  A. TWO AND ONE-HALF PERCENT ABOVE THE PRICE TO  NON-CONTRACTED  WHOLE-
SALERS IF PURCHASED BY THE CASE, DRAFT PACKAGE OR SPECIAL PACKAGE;
  B.  FIVE PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL PACK-
AGE PRICE TO  NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE PALLET;
  C. SEVEN AND ONE-HALF PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE  OR
SPECIAL  PACKAGE PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE
TRUCKLOAD;
  D. TEN PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL PACKAGE
PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE TRAILERLOAD; AND
  E. IF A FORKLIFT AND/OR A LOADING DOCK IS USED TO UNLOAD  THE  PALLETS
FROM  THE  DELIVERY VEHICLE, A MINIMUM OF AN ADDITIONAL TWO AND ONE-HALF
PERCENT SHALL BE DEDUCTED FROM THE CASE, DRAFT PACKAGE OR SPECIAL  PACK-
AGE PRICE.
  IF  THE  NON-CONTRACTED WHOLESALER PAYS COD FOR THE PURCHASE A MINIMUM
OF TWO AND ONE-HALF PERCENT SHALL BE DEDUCTED FROM THE PRICE  PER  CASE,
DRAFT  PACKAGE  OR SPECIAL PACKAGE. FURTHERMORE, NOTHING IN THIS SECTION
SHALL REQUIRE A NON-CONTRACTED WHOLESALER TO POST PRICING. THE PRICE PER
CASE, DRAFT PACKAGE OR SPECIAL PACKAGE OF BEER  SOLD  TO  NON-CONTRACTED
WHOLESALERS  OR RETAIL LICENSEES ON THE FIRST DAY OF THE MONTH FOLLOWING
THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE DEEMED THE  BASE  PRICE,

S. 2089                             3

TO  OR FROM WHICH PRICE INCREASES OR DECREASES MAY BE MADE IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION.
  5.  The  authority  is  authorized  and  empowered  to  do  such acts,
prescribe such forms and adopt rules and  regulations  as  it  may  deem
necessary  or  proper to carry into effect the purpose and provisions of
this section and to prevent circumvention or evasion thereof.
  Without limiting the generality of the foregoing, and in  addition  to
its  other  powers, the authority may, in its discretion, adopt rules or
regulations:
  a. Particularizing the standards of packaging which constitute a case,
special package and draft package of beer.
  b. Defining the guidelines relating to "price" within the  purview  of
this  section  which guidelines may provide, without limitation thereto,
that,
  (1) Whenever a brewer or beer wholesaler decreases his  OR  HER  price
per  case, draft package or special package of beer to beer wholesalers,
the beer wholesaler may decrease his OR HER price to retail licensees on
such reduced item or items by no more than the  amount  in  dollars  and
cents by which the brewer or beer wholesaler has decreased the price per
case, draft package or special package to the beer wholesaler.
  (2)  Whenever  the price per case, draft package or special package of
beer is increased to retail licensees by action of the  brewer  or  beer
wholesaler following a price decrease, the brewer or beer wholesaler may
not  increase its price to retailers on any item or items more than one-
half of the price decrease previously granted, nor  may  the  brewer  or
beer  wholesaler  selling  such  item  or  items  to the beer wholesaler
increase its price to such beer wholesaler more  than  one-half  of  the
price  decrease previously granted, provided, however, such restrictions
on price increases by both brewers and beer wholesalers shall remain  in
effect for the period of one hundred eighty days.
  (3)  Whenever  a  brewer or beer wholesaler lowers its price per case,
draft package or special package of beer to any beer wholesaler  in  New
York  state  it  must  lower its price on each item or items by the same
amount to all beer wholesalers throughout New York state  to  whom  such
item or items is offered for sale.
  (4)  Whenever a brewer or beer wholesaler, following a price decrease,
raises its price per case, draft package or special package of  beer  to
any  beer  wholesaler  in New York state it must raise its price on each
item or items by the same amount to all beer wholesalers throughout  New
York state to whom such item or items are offered for sale.
  c.  Providing  that  for  good  cause  shown  to its satisfaction, the
authority may grant waivers to  licensees  adversely  affected  by  this
section,  under  such terms and conditions as the authority deems appro-
priate.
  d. Requiring licensees to file with the authority  reports  certifying
their  prices of beer, the dates of any changes in the price of any item
of beer, and such other matters as the authority may determine from time
to time to be necessary to disclose accurately the price of beer  during
the  previous  twelve  months  and  requiring  licensees  to keep forms,
records and memoranda prescribed by the authority.
  [4.] E. REQUIRING BEER WHOLESALERS TO REGISTER WITH THE AUTHORITY EACH
CONTRACT AND AGREEMENT, INCLUDING THE NAMES  OF  BREWERS  AND  IMPORTERS
WITH  WHICH  SUCH  WHOLESALER HAS CONTRACTS OR AGREEMENTS, AND REQUIRING
WHOLESALERS TO MAINTAIN FORMS, RECORDS AND MEMORANDA PRESCRIBED  BY  THE
AUTHORITY.

S. 2089                             4

  6.  For the purpose of defraying the expenses incurred in the adminis-
tration of this section, there shall be paid to the  authority  by  each
person hereafter applying for a license as brewer or beer wholesaler the
following sums: brewer whose annual production is sixty thousand barrels
per  year  or more, one thousand dollars; brewer whose annual production
is less than sixty thousand barrels per year, one hundred dollars;  beer
wholesaler,  [one]  FIVE hundred dollars; FOR EACH CONTRACT OR AGREEMENT
ENTERED INTO BY A NON-CONTRACTED WHOLESALER, FIVE HUNDRED  DOLLARS.    A
like  sum  shall be paid by each person hereafter applying for the issu-
ance or renewal of any such license AND/OR FOR EACH CONTRACTOR OR AGREE-
MENT, and such sum shall accompany the application and the  license  fee
prescribed  by  this chapter for such license or renewal thereof, as the
case may be. The sums prescribed by this subdivision shall not  be  pro-
rated for any portion of the license fee and shall have no refund value.
  [5.]  7.  For any violation of any provision of this section or of any
rule or regulation duly promulgated under this section the authority may
revoke, cancel or suspend a license or recover, as provided  in  section
one  hundred  twelve of this chapter, the penal sum of the bond filed by
the licensee.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

co-Sponsors

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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

S. 2089--A                          2

BEER WHOLESALER AND (2) IS NOT SUBJECT TO ANY AGREEMENT WITH A BREWER OR
BEER WHOLESALER PURSUANT TO SECTION FIFTY-FIVE-C OF THIS ARTICLE.
  3.  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION FIFTY-FIVE-C OF THIS
ARTICLE OR ANY OTHER PROVISION OF LAW OR AGREEMENT TO THE  CONTRARY,  NO
WHOLESALER  SHALL  REFUSE  TO  SELL  BEER TO A NON-CONTRACTED WHOLESALER
BECAUSE OF THE LOCATION OF SUCH NON-CONTRACTED WHOLESALER.
  4. WHERE AN AGREEMENT BETWEEN A BREWER AND BEER WHOLESALER  IN  EFFECT
PRIOR  TO  THE EFFECTIVE DATE OF THIS SECTION IS CONTINUOUS IN NATURE OR
HAS NO SPECIFIC DURATION OR HAS NO  RENEWAL  PROVISION,  SUCH  AGREEMENT
SHALL  BE  CONSIDERED  FOR  THE  PURPOSES  OF  THIS SECTION TO HAVE BEEN
RENEWED SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
  5. FOR ANY VIOLATION OF ANY PROVISION OF THIS SECTION OR OF  ANY  RULE
OR  REGULATION  DULY  PROMULGATED  UNDER  THIS SECTION THE AUTHORITY MAY
REVOKE, CANCEL OR SUSPEND A LICENSE OR RECOVER, AS PROVIDED  IN  SECTION
ONE  HUNDRED  TWELVE OF THIS CHAPTER, THE PENAL SUM OF THE BOND FILED BY
THE LICENSEE.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

co-Sponsors

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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

S. 2089--B                          2

  D. "FORKLIFT" MEANS ANY MECHANICAL SYSTEM ABLE TO UNLOAD PALLETS OFF A
DELIVERY VEHICLE.
  E.  "LOADING DOCK" MEANS A PLATFORM WHERE TRUCKS, SEMI-TRUCKS, AND SEA
OR RAIL CONTAINERS ARE UNLOADED BY FORKLIFTS.
  F. "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
BEER WHOLESALER AND (2) IS NOT SUBJECT TO ANY AGREEMENT WITH A BREWER OR
BEER WHOLESALER PURSUANT TO SECTION FIFTY-FIVE-C OF THIS ARTICLE AND (3)
SELLS  FIFTY-NINE PERCENT OF BEER TO RETAIL LICENSEES AND (4) IS LOCATED
IN A CITY OF ONE MILLION OR MORE.
  G. "PALLET" MEANS A QUANTITY OF CASES, DRAFT PACKAGES OR SPECIAL PACK-
AGES PRODUCED BY A BREWER AND STACKED ON A DEVICE MOVABLE BY A  FORKLIFT
OR OTHER MECHANICAL METHOD.
  H.  "TRUCKLOAD"  MEANS  A  QUANTITY OF PALLETS CONTAINING CASES, DRAFT
PACKAGES OR SPECIAL PACKAGES OF  NOT  LESS  THAN  THE  MAXIMUM  QUANTITY
FITTING TYPE OF VEHICLE OR LEGAL WEIGHT LIMIT.
  3.  BEER WHOLESALERS SHALL POST WITH THE AUTHORITY THE PRICE PER CASE,
DRAFT PACKAGE OR SPECIAL PACKAGE OF BEER SOLD TO RETAIL LICENSEES  EVERY
ONE HUNDRED EIGHTY DAYS. THE POSTED PRICE ON SUCH CASE, DRAFT PACKAGE OR
SPECIAL PACKAGE TO RETAIL LICENSEES MUST BE A MINIMUM OF:
  A.  TWO  AND ONE-HALF PERCENT ABOVE THE POSTED PRICE TO NON-CONTRACTED
WHOLESALERS IF PURCHASED BY THE CASE, DRAFT PACKAGE OR SPECIAL PACKAGE;
  B. FIVE PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL  PACK-
AGE PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE PALLET;
  C.  SEVEN AND ONE-HALF PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR
SPECIAL PACKAGE PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY  THE
TRUCKLOAD;
  D. TEN PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL PACKAGE
PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE TRAILERLOAD; AND
  E.  IF  A FORKLIFT AND/OR A LOADING DOCK IS USED TO UNLOAD THE PALLETS
FROM THE DELIVERY VEHICLE, A MINIMUM OF AN ADDITIONAL TWO  AND  ONE-HALF
PERCENT  SHALL BE DEDUCTED FROM THE CASE, DRAFT PACKAGE OR SPECIAL PACK-
AGE PRICE. IF THE NON-CONTRACTED WHOLESALER PAYS COD FOR THE PURCHASE  A
MINIMUM OF TWO AND ONE-HALF PERCENT SHALL BE DEDUCTED FROM THE PRICE PER
CASE,  DRAFT  PACKAGE  OR  SPECIAL PACKAGE. FURTHERMORE, NOTHING IN THIS
SECTION SHALL REQUIRE A NON-CONTRACTED WHOLESALER TO POST  PRICING.  THE
PRICE  PER  CASE,  DRAFT  PACKAGE  OR  SPECIAL  PACKAGE  OF BEER SOLD TO
NON-CONTRACTED WHOLESALERS OR RETAIL LICENSEES ON THE FIRST DAY  OF  THE
MONTH  FOLLOWING  THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE DEEMED
THE BASE PRICE, TO OR FROM WHICH PRICE INCREASES  OR  DECREASES  MAY  BE
MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  4.  THE  AUTHORITY  IS  AUTHORIZED  AND  EMPOWERED  TO  DO  SUCH ACTS,
PRESCRIBE SUCH FORMS AND ADOPT RULES AND  REGULATIONS  AS  IT  MAY  DEEM
NECESSARY  OR  PROPER TO CARRY INTO EFFECT THE PURPOSE AND PROVISIONS OF
THIS SECTION AND TO PREVENT CIRCUMVENTION OR EVASION THEREOF.
  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND IN  ADDITION  TO
ITS  OTHER  POWERS, THE AUTHORITY MAY, IN ITS DISCRETION, ADOPT RULES OR
REGULATIONS:
  A. PARTICULARIZING THE STANDARDS OF PACKAGING WHICH CONSTITUTE A CASE,
SPECIAL PACKAGE AND DRAFT PACKAGE OF BEER.
  B. DEFINING THE GUIDELINES RELATING TO "PRICE" WITHIN THE  PURVIEW  OF
THIS  SECTION  WHICH GUIDELINES MAY PROVIDE, WITHOUT LIMITATION THERETO,
POSTING OF PRICE ON THE AUTHORITY'S WEBSITE.
  C. REQUIRING LICENSEES TO FILE WITH THE AUTHORITY  REPORTS  CERTIFYING
THEIR  PRICES OF BEER, THE DATES OF ANY CHANGES IN THE PRICE OF ANY ITEM

S. 2089--B                          3

OF BEER, AND SUCH OTHER MATTERS AS THE AUTHORITY MAY DETERMINE FROM TIME
TO TIME TO BE NECESSARY TO DISCLOSE ACCURATELY THE PRICE OF BEER  DURING
THE  PREVIOUS  TWELVE  MONTHS  AND  REQUIRING  LICENSEES  TO KEEP FORMS,
RECORDS AND MEMORANDA PRESCRIBED BY THE AUTHORITY.
  D.  REQUIRING  BEER  WHOLESALERS  TO  REGISTER WITH THE AUTHORITY EACH
CONTRACT AND AGREEMENT, INCLUDING THE NAMES  OF  BREWERS  AND  IMPORTERS
WITH  WHICH  SUCH  WHOLESALER HAS CONTRACTS OR AGREEMENTS, AND REQUIRING
WHOLESALERS TO MAINTAIN FORMS, RECORDS AND MEMORANDA PRESCRIBED  BY  THE
AUTHORITY.
  5.  FOR THE PURPOSE OF DEFRAYING THE EXPENSES INCURRED IN THE ADMINIS-
TRATION OF THIS SECTION, THERE SHALL BE PAID TO THE  AUTHORITY  BY  EACH
PERSON HEREAFTER APPLYING FOR A LICENSE AS A BEER WHOLESALER THE FOLLOW-
ING  SUMS:  BEER WHOLESALER, FIVE THOUSAND DOLLARS; FOR EACH CONTRACT OR
AGREEMENT ENTERED INTO BY A BEER WHOLESALER, FIVE  THOUSAND  DOLLARS;  A
NON-CONTRACTED  WHOLESALER,  FIVE  THOUSAND DOLLARS; A LIKE SUM SHALL BE
PAID BY EACH PERSON HEREAFTER APPLYING FOR THE ISSUANCE  OR  RENEWAL  OF
ANY  SUCH  LICENSE  AND/OR  FOR EACH CONTRACT OR AGREEMENT, AND SUCH SUM
SHALL ACCOMPANY THE APPLICATION AND THE LICENSE FEE PRESCRIBED  BY  THIS
CHAPTER  FOR  SUCH  LICENSE OR RENEWAL THEREOF, AS THE CASE MAY BE.  THE
SUMS PRESCRIBED BY THIS  SUBDIVISION  SHALL  NOT  BE  PRORATED  FOR  ANY
PORTION OF THE LICENSE FEE AND SHALL HAVE NO REFUND VALUE.
  6.  FOR  ANY VIOLATION OF ANY PROVISION OF THIS SECTION OR OF ANY RULE
OR REGULATION DULY PROMULGATED UNDER  THIS  SECTION  THE  AUTHORITY  MAY
REVOKE,  CANCEL  OR SUSPEND A LICENSE OR RECOVER, AS PROVIDED IN SECTION
ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM OF THE BOND  FILED  BY
THE LICENSEE.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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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

S. 2089--C                          2

  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.
  E.  "LOADING DOCK" MEANS A PLATFORM WHERE TRUCKS, SEMI-TRUCKS, AND SEA
OR RAIL CONTAINERS ARE UNLOADED BY FORKLIFTS.
  F. "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
BEER WHOLESALER AND (2) IS NOT SUBJECT TO ANY AGREEMENT WITH A BREWER OR
BEER WHOLESALER PURSUANT TO SECTION FIFTY-FIVE-C OF THIS ARTICLE AND (3)
SELLS  FIFTY-NINE PERCENT OF BEER TO RETAIL LICENSEES AND (4) IS LOCATED
IN A CITY OF ONE MILLION OR MORE.
  G. "PALLET" MEANS A QUANTITY OF CASES, DRAFT PACKAGES OR SPECIAL PACK-
AGES PRODUCED BY A BREWER AND STACKED ON A DEVICE MOVABLE BY A  FORKLIFT
OR OTHER MECHANICAL METHOD.
  H.  "TRUCKLOAD"  MEANS  A  QUANTITY OF PALLETS CONTAINING CASES, DRAFT
PACKAGES OR SPECIAL PACKAGES OF  NOT  LESS  THAN  THE  MAXIMUM  QUANTITY
FITTING TYPE OF VEHICLE OR LEGAL WEIGHT LIMIT.
  3.  BEER WHOLESALERS SHALL POST WITH THE AUTHORITY THE PRICE PER CASE,
DRAFT PACKAGE OR SPECIAL PACKAGE OF BEER SOLD TO RETAIL LICENSEES  EVERY
ONE HUNDRED EIGHTY DAYS. THE POSTED PRICE ON SUCH CASE, DRAFT PACKAGE OR
SPECIAL PACKAGE TO RETAIL LICENSEES MUST BE A MINIMUM OF:
  A.  TWO  AND ONE-HALF PERCENT ABOVE THE POSTED PRICE TO NON-CONTRACTED
WHOLESALERS IF PURCHASED BY THE CASE, DRAFT PACKAGE OR SPECIAL PACKAGE;
  B. FIVE PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL  PACK-
AGE PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE PALLET;
  C.  SEVEN AND ONE-HALF PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR
SPECIAL PACKAGE PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY  THE
TRUCKLOAD;
  D. TEN PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL PACKAGE
PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE TRAILERLOAD; AND
  E.  IF  A FORKLIFT AND/OR A LOADING DOCK IS USED TO UNLOAD THE PALLETS
FROM THE DELIVERY VEHICLE, A MINIMUM OF AN ADDITIONAL TWO  AND  ONE-HALF
PERCENT  SHALL BE DEDUCTED FROM THE CASE, DRAFT PACKAGE OR SPECIAL PACK-
AGE PRICE. IF THE NON-CONTRACTED WHOLESALER PAYS COD FOR THE PURCHASE  A
MINIMUM OF TWO AND ONE-HALF PERCENT SHALL BE DEDUCTED FROM THE PRICE PER
CASE,  DRAFT  PACKAGE  OR  SPECIAL PACKAGE. FURTHERMORE, NOTHING IN THIS
SECTION SHALL REQUIRE A NON-CONTRACTED WHOLESALER TO POST  PRICING.  THE
PRICE  PER  CASE,  DRAFT  PACKAGE  OR  SPECIAL  PACKAGE  OF BEER SOLD TO
NON-CONTRACTED WHOLESALERS OR RETAIL LICENSEES ON THE FIRST DAY  OF  THE
MONTH  FOLLOWING  THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE DEEMED
THE BASE PRICE, TO OR FROM WHICH PRICE INCREASES  OR  DECREASES  MAY  BE
MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  4.  THE  AUTHORITY  IS  AUTHORIZED  AND  EMPOWERED  TO  DO  SUCH ACTS,
PRESCRIBE SUCH FORMS AND ADOPT RULES AND  REGULATIONS  AS  IT  MAY  DEEM
NECESSARY  OR  PROPER TO CARRY INTO EFFECT THE PURPOSE AND PROVISIONS OF
THIS SECTION AND TO PREVENT CIRCUMVENTION OR EVASION THEREOF.
  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND IN  ADDITION  TO
ITS  OTHER  POWERS, THE AUTHORITY MAY, IN ITS DISCRETION, ADOPT RULES OR
REGULATIONS:
  A. PARTICULARIZING THE STANDARDS OF PACKAGING WHICH CONSTITUTE A CASE,
SPECIAL PACKAGE AND DRAFT PACKAGE OF BEER.

S. 2089--C                          3

  B. DEFINING THE GUIDELINES RELATING TO "PRICE" WITHIN THE  PURVIEW  OF
THIS  SECTION  WHICH GUIDELINES MAY PROVIDE, WITHOUT LIMITATION THERETO,
POSTING OF PRICE ON THE AUTHORITY'S WEBSITE.
  C.  REQUIRING  LICENSEES TO FILE WITH THE AUTHORITY REPORTS CERTIFYING
THEIR PRICES OF BEER, THE DATES OF ANY CHANGES IN THE PRICE OF ANY  ITEM
OF BEER, AND SUCH OTHER MATTERS AS THE AUTHORITY MAY DETERMINE FROM TIME
TO  TIME TO BE NECESSARY TO DISCLOSE ACCURATELY THE PRICE OF BEER DURING
THE PREVIOUS TWELVE  MONTHS  AND  REQUIRING  LICENSEES  TO  KEEP  FORMS,
RECORDS AND MEMORANDA PRESCRIBED BY THE AUTHORITY.
  D.  REQUIRING  BEER  WHOLESALERS  TO  REGISTER WITH THE AUTHORITY EACH
CONTRACT AND AGREEMENT, INCLUDING THE NAMES  OF  BREWERS  AND  IMPORTERS
WITH  WHICH  SUCH  WHOLESALER HAS CONTRACTS OR AGREEMENTS, AND REQUIRING
WHOLESALERS TO MAINTAIN FORMS, RECORDS AND MEMORANDA PRESCRIBED  BY  THE
AUTHORITY.
  5.  FOR THE PURPOSE OF DEFRAYING THE EXPENSES INCURRED IN THE ADMINIS-
TRATION OF THIS SECTION, THERE SHALL BE PAID TO THE  AUTHORITY  BY  EACH
PERSON HEREAFTER APPLYING FOR A LICENSE AS A BEER WHOLESALER THE FOLLOW-
ING  SUMS:  BEER WHOLESALER, FIVE THOUSAND DOLLARS; FOR EACH CONTRACT OR
AGREEMENT ENTERED INTO BY A BEER WHOLESALER, FIVE  THOUSAND  DOLLARS;  A
NON-CONTRACTED  WHOLESALER,  FIVE  THOUSAND DOLLARS; A LIKE SUM SHALL BE
PAID BY EACH PERSON HEREAFTER APPLYING FOR THE ISSUANCE  OR  RENEWAL  OF
ANY  SUCH  LICENSE  AND/OR  FOR EACH CONTRACT OR AGREEMENT, AND SUCH SUM
SHALL ACCOMPANY THE APPLICATION AND THE LICENSE FEE PRESCRIBED  BY  THIS
CHAPTER  FOR  SUCH  LICENSE OR RENEWAL THEREOF, AS THE CASE MAY BE.  THE
SUMS PRESCRIBED BY THIS  SUBDIVISION  SHALL  NOT  BE  PRORATED  FOR  ANY
PORTION OF THE LICENSE FEE AND SHALL HAVE NO REFUND VALUE.
  6.  FOR  ANY VIOLATION OF ANY PROVISION OF THIS SECTION OR OF ANY RULE
OR REGULATION DULY PROMULGATED UNDER  THIS  SECTION  THE  AUTHORITY  MAY
REVOKE,  CANCEL  OR SUSPEND A LICENSE OR RECOVER, AS PROVIDED IN SECTION
ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM OF THE BOND  FILED  BY
THE LICENSEE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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