senate Bill S5404A

Signed By Governor
2011-2012 Legislative Session

Authorizes certain wholesalers authorized to sell beer at retail for off premises consumption to also sell certain grocery items

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5565 - Signed by Governor


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

do you support this bill?

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2013 signed chap.505
Dec 28, 2012 delivered to governor
Jun 20, 2012 returned to assembly
passed senate
3rd reading cal.1410
substituted for s5404a
Jun 20, 2012 substituted by a5565a
ordered to third reading cal.1410
committee discharged and committed to rules
Jun 08, 2012 print number 5404a
amend (t) and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
returned to senate
died in assembly
Jun 21, 2011 referred to economic development
delivered to assembly
passed senate
Jun 07, 2011 advanced to third reading
Jun 06, 2011 2nd report cal.
Jun 02, 2011 1st report cal.943
May 18, 2011 referred to investigations and government operations

Votes

view votes

Jun 20, 2012 - Rules committee Vote

S5404A
22
0
committee
22
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 2, 2011 - Investigations and Government Operations committee Vote

S5404
5
1
committee
5
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 2, 2011

nay (1)
aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5404 - Bill Details

See Assembly Version of this Bill:
A5565A
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §104, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S8094, A11420

S5404 - Bill Texts

view summary

Authorizes certain wholesalers authorized to sell beer at retail for off premises consumption to also sell certain grocery items.

view sponsor memo
BILL NUMBER:S5404

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to authorizing
certain wholesalers authorized to sell beer at retail for off premises
consumption to sell certain goods

PURPOSE:
To allow Class C license bearing beer wholesalers to sell
grocery and pantry items.

SUMMARY OF PROVISIONS:
Section 1 provides that certain beer
wholesalers will no longer be prohibited from selling various goods
other than alcohol and beverages, provided that no more than twenty
five percent (25%) of the public floor space of the licensed premises
is devoted to doing so.

Section 2 sets forth the effective date.

JUSTIFICATION:
Bearers of 'C licenses', those issued prior to July 1,
1960 under the Alcoholic Beverage Control law are currently
prohibited from selling anything other than beer, tobacco, water,
mixers and nonalcoholic snack foods. There are only 400 "C licensees"
in New York State, largely in New York City who are more engaged in
retail activity than beer wholesaling.

These beer distributors have been negatively impacted by the creation
of exclusive franchise agreements between certain major brewers and
their distributors starting in the early 1980's. Bearers of C
licenses can enhance their business model by increasing retail
privileges in addition to existing beer distribution privileges.

LEGISLATIVE HISTORY:
A.11420 (2009-2010)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5404

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  certain wholesalers authorized to sell beer at retail for
  off premises consumption to sell certain goods

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (a) of subdivision 1 of section 104 of the alco-
holic beverage control law, as amended by chapter 223  of  the  laws  of
2002, is amended to read as follows:
  (a)  No wholesaler shall be engaged in any other business on the prem-
ises to be licensed; except that nothing contained in this chapter shall
(1) prohibit a beer wholesaler from (i) acquiring,  storing  or  selling
non-alcoholic  snack foods, as defined in paragraph (b) of this subdivi-
sion, (ii) manufacturing, bottling, storing,  or  selling  non-alcoholic
carbonated  beverages, (iii) manufacturing, storing or selling non-alco-
holic non-carbonated soft drinks, mineral waters, spring waters,  drink-
ing  water, non-taxable malt or cereal beverages, juice drinks, fruit or
vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
promotional items on such premises, or (vi) the sale of tobacco products
at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
from manufacturing, acquiring or selling wine merchandise, as defined in
paragraph  (d)  of this subdivision, [or] (3) prohibit a licensed winery
or licensed farm winery from engaging in the business of a  wine  whole-
saler  for  New York state labeled wines produced by any licensed winery
or licensed farm winery or prohibit such wine wholesaler from exercising
any of its rights pursuant to sections seventy-six and seventy-six-a  of
this  chapter  provided  that the operation of such beer and wine whole-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03357-01-1

S. 5404                             2

salers business shall be subject to such rules and  regulations  as  the
liquor  authority  may prescribe, OR (4) PROHIBIT THE HOLDER OF A WHOLE-
SALER'S LICENSE ISSUED OR RENEWED PRIOR TO JULY FIRST, NINETEEN  HUNDRED
SIXTY  AND  IS THEREAFTER CONTINUOUSLY RENEWED AND/OR TRANSFERRED, WHICH
LICENSE AUTHORIZES THE HOLDER THEREOF TO SELL BEER  AT  RETAIL  FOR  OFF
PREMISES  CONSUMPTION,  FROM ACQUIRING, STORING OR SELLING, AND DEVOTING
NOT MORE THAN TWENTY-FIVE PERCENT OF  THE  PUBLIC  FLOOR  SPACE  OF  THE
LICENSED  PREMISES  FOR  THE  DISPLAY  AND  SALE  AT RETAIL OF (I) FOOD,
INCLUDING ALL MATERIAL, WHETHER LIQUID,  SOLID  OR  MIXED,  AND  WHETHER
SIMPLE  OR COMPOUND, USED OR INTENDED FOR CONSUMPTION BY HUMAN BEINGS OR
DOMESTIC ANIMALS NORMALLY KEPT AS HOUSEHOLD PETS, AND ALL SUBSTANCES  OR
INGREDIENTS  TO  BE  ADDED THERETO FOR ANY PURPOSE, (II) NAPKINS, FACIAL
TISSUES, TOILET TISSUES, FOIL WRAPPING, PLASTIC WRAPPING, PAPER TOWELING
OR DISPOSABLE PLATES, (III) DETERGENTS, SOAPS OR OTHER CLEANSING AGENTS,
(IV) NON-PRESCRIPTION DRUGS, FEMALE HYGIENE PRODUCTS OR  TOILETRIES,  OR
(V)  SEASONAL  SPECIALTY  ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, CHARCOAL, BARBECUE GRILLS, BARBECUE SUPPLIES, PROPANE GAS, FIREWOOD,
ROCK SALT, BEACH UMBRELLAS,  SUNGLASSES,  SUNBLOCK  AND  SUCH  ITEMS  AS
PROVIDED BY THE RULES AND REGULATIONS OF THE LIQUOR AUTHORITY.
  S 2. This act shall take effect immediately.

Co-Sponsors

S5404A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5565A
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §104, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S8094, A11420

S5404A (ACTIVE) - Bill Texts

view summary

Authorizes certain wholesalers authorized to sell beer at retail for off premises consumption to also sell certain grocery items.

view sponsor memo
BILL NUMBER:S5404A

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
permitting the holder of a wholesaler's license to sell certain food and
seasonal specialty items and to install and operate automated teller
machines

PURPOSE:
To allow Class C license bearing beer wholesalers to sell certain
picnic, snack and pantry items.

SUMMARY OF PROVISIONS:
Section 1 provides that certain beer wholesalers will no longer be
prohibited from selling certain goods other than alcohol and beverages.

Section 2 provides for an immediate effective date.

JUSTIFICATION:
Bearers of 'C licenses', those issued prior to July 1, 1960 under the
Alcoholic Beverage Control law are currently prohibited from selling
anything other than beer, tobacco, water, mixers and nonalcoholic snack
foods. There are only 400 "c licensees" in New York State, largely in
New York City who are more engaged in retail activity than beer whole-
saling.

These beer distributors have been negatively impacted by the creation of
exclusive franchise agreements between certain major brewers and their
distributors starting in the early 1980s. Bearers of C licenses can
enhance their business model by increasing retail privileges in addition
to existing beer distribution privileges.

LEGISLATIVE HISTORY:
S.8094/A.11420 (2009-2010)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5404--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

Introduced by Sens. MARTINS, GRISANTI -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government  Operations  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  permitting the holder of a wholesaler's license to sell  certain  food
  and  seasonal  specialty  items  and  to install and operate automated
  teller machines

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (a) of subdivision 1 of section 104 of the alco-
holic beverage control law, as amended by chapter 223  of  the  laws  of
2002, is amended to read as follows:
  (a)  No wholesaler shall be engaged in any other business on the prem-
ises to be licensed; except that nothing contained in this chapter shall
(1) prohibit a beer wholesaler from (i) acquiring,  storing  or  selling
non-alcoholic  snack foods, as defined in paragraph (b) of this subdivi-
sion, (ii) manufacturing, bottling, storing,  or  selling  non-alcoholic
carbonated  beverages, (iii) manufacturing, storing or selling non-alco-
holic non-carbonated soft drinks, mineral waters, spring waters,  drink-
ing  water, non-taxable malt or cereal beverages, juice drinks, fruit or
vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
promotional items on such premises, or (vi) the sale of tobacco products
at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
from manufacturing, acquiring or selling wine merchandise, as defined in
paragraph  (d) of this subdivision, or (3) prohibit a licensed winery or
licensed farm winery from engaging in the business of a wine  wholesaler
for  New  York  state  labeled  wines produced by any licensed winery or
licensed farm winery or prohibit such wine  wholesaler  from  exercising

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03357-03-2

S. 5404--A                          2

any  of its rights pursuant to sections seventy-six and seventy-six-a of
this chapter provided that the operation of such beer  and  wine  whole-
salers  business  shall  be subject to such rules and regulations as the
liquor  authority may prescribe.  (4) THE SALE OF THE FOLLOWING PRODUCTS
AT RETAIL SHALL NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS  WITHIN  THE
MEANING  OF  THIS  SUBDIVISION:  (I) CANDY, CHEWING GUM AND COUGH DROPS;
(II) NON-REFRIGERATED SALSA; (III) CIGARETTE  LIGHTERS,  LIGHTER  FLUID,
MATCHES  AND  ASHTRAYS;  (IV)  BARBECUE  AND PICNIC-RELATED PRODUCTS AND
SUPPLIES, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CHARCOAL,  GRILLS,
PROPANE  GAS,  PLASTIC  AND PAPER CUPS; PAPER OR PLASTIC TABLECLOTHS AND
COOLERS; (V) BEER MAKING AND BREWING SUPPLIES  AND  PUBLICATIONS,  WHICH
SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, BOOKS, MAGAZINES, EQUIPMENT AND
INGREDIENTS; (VI) STEINS, MUGS AND OTHER GLASSWARE APPROPRIATE  FOR  THE
CONSUMPTION OF BEER, MALT BEVERAGES AND WINE PRODUCTS; (VII) ITEMS TYPI-
CALLY  USED  TO SERVE BEER AND MALT BEVERAGES INCLUDING, BUT NOT LIMITED
TO, TAPS, KEGERATORS, COZIES AND BEER SOCKS; (VIII)  LEMONS,  LIMES  AND
ORANGES, PROVIDED THAT NO MORE THAN TWO DOZEN OF EACH SHALL BE DISPLAYED
AT  ANY  ONE  TIME; (IX) ROCK SALT, ICE AND SNOW MELTING COMPOUNDS, SNOW
SHOVELS; WINDSHIELD WASHER SOLVENT; FIREWOOD; BEACH UMBRELLAS; SUNGLASS-
ES AND SUN BLOCK; AND (X) PREPAID TELEPHONE CARDS. (5) THE  INSTALLATION
AND  OPERATION  OF  A  SINGLE  AUTOMATED TELLER MACHINE IN EACH LICENSED
PREMISES SHALL NOT CONSTITUTE ENGAGING IN ANOTHER  BUSINESS  WITHIN  THE
MEANING  OF  THIS  SUBDIVISION.    FOR THE PURPOSES OF THIS SUBDIVISION,
"AUTOMATED TELLER MACHINE"  MEANS  A  DEVICE  WHICH  IS  LINKED  TO  THE
ACCOUNTS  AND RECORDS OF A BANKING INSTITUTION AND WHICH ENABLES CONSUM-
ERS TO CARRY OUT BANKING TRANSACTIONS, INCLUDING  BUT  NOT  LIMITED  TO,
ACCOUNT  TRANSFERS,  DEPOSITS,  CASH  WITHDRAWALS, BALANCE INQUIRIES AND
LOAN PAYMENTS.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.