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Assembly Bill A4928

2009-2010 Legislative Session

Prohibits refusal of wholesaler to sell beer because of geographic location of a licensed retailer or wholesaler

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Archive: Last Bill Status - In Assembly Committee

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2009-A4928 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง53, ABC L

2009-A4928 (ACTIVE) - Summary

Prohibits refusal of wholesaler to sell beer to any duly licensed retailer or wholesaler solely because of geographic location of such licensee.

2009-A4928 (ACTIVE) - Bill Text download pdf

                            
                    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
                               ___________

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
              

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