Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
Jan 31, 2012 | referred to economic development delivered to assembly passed senate |
Jan 30, 2012 | ordered to third reading cal.127 reported and committed to rules |
Jan 04, 2012 | referred to commerce, economic development and small business |
Jan 06, 2011 | referred to commerce, economic development and small business |
senate Bill S1315
Signed By GovernorSponsored By
Joseph A. Griffo
(R, C) 53rd Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Co-Sponsors
Tony Avella
(D) 0 Senate District
Greg Ball
(R, C, IP) 0 Senate District
David Carlucci
(D) 0 Senate District
Jeffrey D. Klein
(D) 0 Senate District
S1315 (ACTIVE) - Details
S1315 (ACTIVE) - 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.
S1315 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1315 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to agreements between small brewers and beer wholesalers PURPOSE OR GENERAL IDEA OF BILL: This bill amends the ABCL to allow small brewers whose annual volume is less than 300,000 barrels of beer and whose sales to a wholesaler are (3%) or less of a multi-brand beer wholesaler's annual business, the right to terminate an agreement providing they pay the wholesaler fair compensation, except when the termination is for "good cause" as provided in Section 55-c of the ABCL. SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends Section 55-c of the ABCL by adding a new subdivision 4-c. The bill defines small brewer in terms of barrelage and share of a wholesaler's business (as above) and provides for ending an agreement with a beer wholesaler subject to certain terms relating to the payment of fair compensation to the beer wholesaler for the transfer of the small brewers' brands. Additionally, the bill gives the beer wholesaler the right to submit to binding arbitration regarding "fair market value" and requires the small brewer to pay all arbitration costs if the "value" is not a "good faith" estimate. The bill provides for a prospective effective date of January 1, 2012, to allow both beer whole- salers and small brewer suppliers a 6 month period to work out any
S1315 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1315 2011-2012 Regular Sessions I N S E N A T E January 6, 2011 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01630-01-1
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