assembly Bill A8962

Signed By Governor
2011-2012 Legislative Session

Relates to agreements between brewers and beer wholesalers

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Archive: Last Bill Status Via S1315 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.367
Jul 20, 2012 delivered to governor
Apr 19, 2012 returned to senate
passed assembly
Apr 18, 2012 ordered to third reading cal.434
substituted for a8962
Apr 18, 2012 substituted by s1315
Apr 05, 2012 advanced to third reading cal.434
Mar 27, 2012 reported
Mar 13, 2012 reported referred to codes
Jan 10, 2012 referred to economic development

Votes

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Jan 30, 2012 - Commerce, Economic Development and Small Business committee Vote

S1315
8
0
committee
8
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Jan 30, 2012 - Rules committee Vote

S1315
17
1
committee
17
Aye
1
Nay
7
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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A8962 - Details

See Senate Version of this Bill:
S1315
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง55-c, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A789
2009-2010: A488C, S5614B

A8962 - 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.

A8962 - Bill Text download pdf

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

                                  8962

                          I N  A S S E M B L Y

                            January 10, 2012
                               ___________

Introduced  by  M.  of A. BRINDISI, MORELLE -- read once and referred to
  the Committee on Economic Development

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
WHOLESALER MAY WITHIN FORTY-FIVE DAYS OF TERMINATION SUBMIT THE QUESTION
OF FAIR MARKET VALUE OF  THE  APPLICABLE  DISTRIBUTION  RIGHTS  LOST  OR
DIMINISHED  BY REASON OF THE TERMINATION TO BINDING ARBITRATION BEFORE A
PANEL OF THREE NEUTRAL ARBITRATORS  APPOINTED  IN  ACCORDANCE  WITH  THE
COMMERCIAL  ARBITRATION  RULES  OF THE AMERICAN ARBITRATION ASSOCIATION,
WHICH PANEL SHALL DETERMINE BY MAJORITY DECISION  WHETHER  THE  BREWER'S

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

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