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Assembly Bill A4251

2011-2012 Legislative Session

Provides that two or more licensees may join in an agreement to make joint purchases of liquor and/or wine in larger quantities than might otherwise be purchased

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Archive: Last Bill Status - In Assembly Committee

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2011-A4251 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง105, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10013
2013-2014: A5515

2011-A4251 (ACTIVE) - Summary

Provides that two or more licensees may join in an agreement to make joint purchases of liquor and/or wine in larger quantities than might otherwise be purchased.

2011-A4251 (ACTIVE) - Bill Text download pdf 

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

                                  4251

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK, PHEFFER, GUNTHER, CAHILL, JAFFEE,
  CASTRO, MAISEL, MAGNARELLI -- Multi-Sponsored by -- M. of A.  BRENNAN,
  BURLING,  CALHOUN, CONTE, COOK, CROUCH, GALEF, GIGLIO, HOOPER, JORDAN,
  P. LOPEZ, LUPARDO, MAGEE, McENENY, MOLINARO, MONTESANO, MURRAY, REILLY
  -- read once and referred to the Committee on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation to coop-
  erative agreements by licensees to sell at retail for consumption  off
  the premises

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

  Section 1. Section 105  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 24 to read as follows:
  24. COOPERATIVE AGREEMENTS BY LICENSEES TO SELL AT RETAIL FOR CONSUMP-
TION  OFF  THE PREMISES. FOR THE PURPOSES OF PURCHASING ONLY, ANY TWO OR
MORE  PERSONS  LICENSED  PURSUANT   TO   SECTIONS   SIXTY-THREE   AND/OR
SEVENTY-NINE  OF  THIS  CHAPTER  MAY  JOIN IN AN AGREEMENT TO MAKE JOINT
PURCHASES OF LIQUOR AND/OR WINE IN LARGER QUANTITIES THAN  MIGHT  OTHER-
WISE  BE PURCHASED; PROVIDED, HOWEVER, THAT ALL SUCH ALCOHOLIC BEVERAGES
PURCHASED PURSUANT TO ANY SUCH AGREEMENT SHALL BE  DISTRIBUTED  TO  NONE
OTHER  THAN  A  LICENSEE WHO IS A PARTY TO SUCH AGREEMENT. A COOPERATIVE
AGREEMENT, AS AUTHORIZED UNDER THIS SUBDIVISION, SHALL BE VOID  IF:  (A)
WITHIN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE, THE PREMISES
OPERATING UNDER SUCH COOPERATIVE AGREEMENT AUTHORIZED IN  THIS  SUBDIVI-
SION  ARE  LOCATED MORE THAN ONE MILE FROM ONE ANOTHER; (B) OUTSIDE OF A
CITY WITH A POPULATION OF ONE MILLION OR MORE,  THE  PREMISES  OPERATING
UNDER  SUCH  COOPERATIVE  AGREEMENT  AUTHORIZED  IN THIS SUBDIVISION ARE
LOCATED MORE THAN FIFTY MILES  FROM  ONE  ANOTHER;  OR  (C)  ANY  PERSON
LICENSED  PURSUANT  TO  SECTIONS SIXTY-THREE AND/OR SEVENTY-NINE OF THIS
CHAPTER WHO CHOOSES TO PARTICIPATE IN SUCH COOPERATIVE AGREEMENT AND HAS
BEEN EXCLUDED FROM SUCH AGREEMENT ON GROUNDS OTHER  THAN  BEING  LOCATED
OUTSIDE  EITHER  AREA SET FORTH IN PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
SION. THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY  BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

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