S T A T E O F N E W Y O R K
________________________________________________________________________
4928
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. SWEENEY
-- 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
refusal of wholesaler to sell beer based on geographic district
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 53 of the alcoholic beverage control law, as
amended by chapter 361 of the laws of 1994, is amended to read as
follows:
S 53. Wholesaler's license. Any person may apply to the liquor
authority for a license to sell beer at wholesale. NO WHOLESALER
LICENSED PURSUANT TO THIS SECTION SHALL REFUSE TO SELL BEER TO ANY DULY
LICENSED RETAILER OR WHOLESALER SOLELY BECAUSE OF THE GEOGRAPHIC
LOCATION OF SUCH LICENSEE. Such application shall be in writing and
verified and shall contain such information as the liquor authority
shall require. Such application shall be accompanied by a check or
draft for the amount required by this article for such license. If the
liquor authority shall grant the application it shall issue a license in
such form as shall be determined by its rules. Such a license shall
contain a description of the licensed premises and in form and in
substance shall be a license to the person therein specifically desig-
nated to sell beer at wholesale in the premises therein specifically
licensed to duly licensed wholesalers, retailers and permittees in this
state, and to sell or deliver beer to persons outside the state pursuant
to the laws of the place of such sale or delivery. A wholesaler's
license issued or renewed prior to July first, nineteen hundred sixty,
and thereafter renewed or transferred, shall authorize the holder there-
of to sell beer at retail to a person for consumption in his home;
provided, however, that regardless of the date issued, renewed or trans-
ferred, a wholesaler's license issued to a brewer or to the wholly-owned
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08660-01-9
A. 4928 2
subsidiary of a brewer, shall authorize the holder thereof to sell beer
at retail to a person for consumption in his home.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.