Senate Bill S1515

                                BILL NUMBER:S1515A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the state
policy with regard to alcoholic beverages

PURPOSE:

This bill updates the overall "policy of state and purpose of chapter"
that is the articulated state public policy and purpose of the
Alcoholic Beverage Control Law. This New York State policy was first
articulated by the New York State Legislature when it adopted the
first Alcoholic Beverage Control Law after the repeal of the 18th
Amendment (Prohibition) to the United States Constitution in 1933.
While this provision has not been amended since 1934, the nature,
kinds and environment on the consumption and use patterns of
alcoholic beverages has changed significantly since 1934 as it
relates to such beverages, manufacture, distribution, sale and
consumption. This bill idea comes from the recommendations of the NYS
Law Revision Commission which issued a report on the Alcoholic
Beverage Control Law and its Administration, dated December 15, 2009.

SUMMARY OF PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 2 "Policy of
              

state and purpose of chapter". This amendment adds to the policy of
the State Liquor Authority to also consider supporting, where
possible, the economic development and job opportunities of this
State when. making decisions related to regulating alcoholic
beverages. This new policy consideration of supporting economic
growth and job development, would be in addition to, but subservient
to the already articulated public policy to control the manufacture,
sale, and distribution of alcoholic beverages in this State to foster
and promote temperance in the consumption of alcoholic beverages and
respect for and obedience to the law. The kinds of economic
development that can be supported relate to alcoholic beverage
production, tourism & recreation industries, and actions which could
promote the conservation & enhancement of the state's agricultural
lands.

EXISTING LAW:

Under current law, the State Liquor Authority, in its activities, is
to consider the control of the manufacture, sale and distribution of
alcoholic beverages without any consideration at all as to the
economic benefits and
job creation possibilities that are derived from promoting activities
that relate to the alcoholic beverage industry.

JUSTIFICATION:

The overall environment in which the regulation of the manufacture,
distribution, sale and consumption of alcoholic beverages has changed
greatly since the public policy statement contained in section 2 of
the Alcoholic Beverage control Law was first adopted in 1933. Since,


1933, the Great Depression is over, the Allied Forces won the Second
World War, and the Cold War is now over. Further, consumer
preferences and consumption patterns for alcoholic beverages have
changed significantly since the policy statement contained in Section
2 was adopted 79 years ago.

It is now time to modernize the over arching stated policy with regard
to regulating the manufacture, distribution, sale and consumption of
alcoholic beverages so that it better reflects the economic benefits
that can be derived to the State of New York by encouraging the
production of quality beer, wine, and spirits. Further, the
appropriate regulation of such beverages can help to promote economic
development and job creation.
Expanding production facilities that manufacture beer, wine, and
liquors in this State can help to increase manufacturing employment
and the demand for state produced agricultural crops, preserve
working farms & open spaces, and minimize future real property tax
increases. In addition, such a shift in policy could help to support
prudent avenues to increase economic opportunities related to the
State's tourism and recreation industries.

This bill will give regulators the tools that they need to consider
the economic development and job opportunities that can be created by
promoting the prudent expansion of the manufacture of beer, wines,
and liquors, and other ancillary activities that can help to promote
tourism and recreational activities.

LEGISLATIVE HISTORY:
Similar to 2008: A.10314 Referred to Economic Development
2010: A.6184 Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days after it shall have become law.