Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jun 30, 2010 | 3rd reading cal.1330 substituted for s5614b |
Jun 30, 2010 | substituted by a488c |
Jun 29, 2010 | ordered to third reading cal.1330 committee discharged and committed to rules |
Jan 13, 2010 | print number 5614b |
Jan 13, 2010 | amend and recommit to commerce, economic development and small business |
Jan 06, 2010 | referred to commerce, economic development and small business |
Jun 18, 2009 | print number 5614a |
Jun 18, 2009 | amend and recommit to commerce, economic development and small business |
May 21, 2009 | referred to commerce, economic development and small business |
senate Bill S5614B
Sponsored By
David J. Valesky
(D, IP) 0 Senate District
Archive: Last Bill Status Via A488 - 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
S5614 - Details
S5614 - 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.
S5614 - Sponsor Memo
BILL NUMBER: S5614 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 a small brewer as covered 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. This bill defines "beer wholesaler" as any wholesaler having less than fifty percent of its total annual brand sales derived from sales by the covered brewer. Additionally, the bill gives the beer wholesaler the right to submit to binding arbitration regarding "fair market value" and requires the small covered brewer to pay all arbitration costs if the "value" is
S5614 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5614 2009-2010 Regular Sessions I N S E N A T E May 21, 2009 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business 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. (II) IF THE BEER WHOLESALER BEING TERMINATED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH DISPUTES THAT THE PAYMENT MADE BY THE COVERED 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03513-03-9
Co-Sponsors
Joseph A. Griffo
(R, C) 53rd Senate District
S5614A - Details
S5614A - 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.
S5614A - Sponsor Memo
BILL NUMBER: S5614A 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 "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.
S5614A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5614--A 2009-2010 Regular Sessions I N S E N A T E May 21, 2009 ___________ Introduced by Sens. VALESKY, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business -- 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 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03513-04-9
Co-Sponsors
Joseph A. Griffo
(R, C) 53rd Senate District
S5614B (ACTIVE) - Details
S5614B (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.
S5614B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5614B 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 "value" is not a "good faith" estimate. The bill provides for a prospective effective
S5614B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5614--B 2009-2010 Regular Sessions I N S E N A T E May 21, 2009 ___________ Introduced by Sens. VALESKY, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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 TERMINATION, THEN THE 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 [ ] is old law to be omitted. LBD03513-07-0
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