senate Bill S1440A

2013-2014 Legislative Session

Relates to seven day licenses to sell wine or liquor

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.960
Jan 08, 2014 referred to commerce, economic development and small business
Jun 21, 2013 committed to rules
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
amended 1440a
Jun 04, 2013 1st report cal.979
Jan 09, 2013 referred to commerce, economic development and small business

Votes

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May 28, 2014 - Commerce, Economic Development and Small Business committee Vote

S1440A
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: May 28, 2014

aye wr (1)

Jun 4, 2013 - Commerce, Economic Development and Small Business committee Vote

S1440
8
1
committee
8
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 4, 2013

nay (1)
aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1440 - Bill Details

Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§79, 63 & 102, ABC L

S1440 - Bill Texts

view summary

Relates to seven day licenses to sell wine or liquor; permits sales to holders of licenses to sell for on-premises consumption.

view sponsor memo
BILL NUMBER:S1440

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
sales to holders of licenses to sell for on-premises consumption

PURPOSE:
To allow liquor stores to sell wine and/or liquor to retail
establishments for consumption on the premises.

SUMMARY OF PROVISIONS:

Section one amends section 79 of the alcoholic beverage control law by
adding a new subdivision 5 authorizing a holder of a seven day
license to sell wine at retail for off-premise consumption to sell
liquor and/or wine to a person licensed to sell liquor and/or wine at
retail consumption on the premises.

Section two amends section 63 of the alcoholic beverage control law by
adding a new subdivision 7 authorizing a holder of a seven day
license to sell liquor at retail for off-premise consumption to sell
liquor and/or wine to a person licensed to sell liquor and/or wine at
retail consumption on the premises.

Section three amends subdivisions 3-a and 3-b of section 102 of the
alcoholic beverage control law. as amended by chapter 458 of the laws
of 1993. allowing a licensee to purchase alcoholic beverages from an
individual who has a permit under section sixty-three and
seventy-nine of this chapter.

Section four of this bill provides an immediate effective date.

EXISTING LAW:
Liquor stores cannot sell to on premise licensees.

JUSTIFICATION:
This will reduce the prices for on premise retailers and their
customers as well as improve service to on premise licensees. At the
same time, this bill will enhance the liquor store business by
providing them with a new customer base.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediate

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

                                  1440

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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
  permitting sales to  holders  of  licenses  to  sell  for  on-premises
  consumption

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

  Section 1. Section 79 of the alcoholic beverage control law is amended
by adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
ANY  PERSON  LICENSED  UNDER  THIS CHAPTER TO SELL LIQUOR AND/OR WINE AT
RETAIL FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR,  SIXTY-
FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B  OR
EIGHTY-ONE OF THIS CHAPTER.
  S 2. Section 63 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL  LIQUOR  AND/OR  WINE  AT
RETAIL  FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR, SIXTY-
FOUR-A, SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B,  OR
EIGHTY-ONE OF THIS CHAPTER.
  S 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
control  law, as amended by chapter 458 of the laws of 1993, are amended
to read as follows:
  3-a. No licensee or permittee shall purchase or agree to purchase  any
alcoholic  beverages  from  any  person within the state who is not duly
licensed to sell such alcoholic beverage as the case may be, at the time

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04214-01-3

S. 1440                             2

of such agreement and sale nor give any order for any alcoholic beverage
to any individual who is not the holder of a solicitor's permit,  except
as  provided  for  in  section SIXTY-THREE, SEVENTY-NINE, eighty-five or
ninety-nine-g of this chapter.
  3-b.  No  retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person  duly  licensed  within  the
state  by  the  liquor  authority to sell such alcoholic beverage at the
time of such agreement and sale  to  such  retail  licensee,  except  as
provided  for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or nine-
ty-nine-g of this chapter.
  S 4. This act shall take effect immediately.

Co-Sponsors

S1440A (ACTIVE) - Bill Details

Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§79, 63 & 102, ABC L

S1440A (ACTIVE) - Bill Texts

view summary

Relates to seven day licenses to sell wine or liquor; permits sales to holders of licenses to sell for on-premises consumption.

view sponsor memo
BILL NUMBER:S1440A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to permitting sales to holders of licenses to sell for
on-premises consumption

PURPOSE: To allow liquor stores to sell wine and/or liquor to retail
establishments for consumption on the premises.

SUMMARY OF PROVISIONS:

Section one amends section 79 of the alcoholic beverage control law by
adding a new subdivision 5 authorizing a holder of a seven day license
to sell wine at retail for off-premise consumption to sell wine to a
person licensed to sell liquor and/or wine at retail consumption on
the premises.

Section two amends section 63 of the alcoholic beverage control law by
adding a new subdivision 7 authorizing a holder of a seven day license
to sell liquor at retail for off-premise consumption to sell liquor
and/or wine to a person licensed to sell liquor and/or wine at retail
consumption on the premises.

Section three amends subdivisions 3-a and 3-b of section 102 of the
alcoholic beverage control law as amended by chapter 458 of the laws
of 1993. allowing a licensee to purchase alcoholic beverages from an
individual who has a permit under section sixty-three and seventy-nine
of this chapter.

Section four of this bill provides an immediate effective date.

EXISTING LAW: Liquor and wine stores cannot sell to on premise
licensees.

JUSTIFICATION: This will reduce the prices for on premise retailers
and their customers as well as improve service to on premise
licensees. At the same time, this bill will enhance the liquor store
business by providing them with a new customer base.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediate

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

                                 1440--A
    Cal. No. 979

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GALLIVAN, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic  Development  and  Small  Business  -- reported favorably from said
  committee, ordered to first report, amended on first  report,  ordered
  to  a  second report and ordered reprinted, retaining its place in the
  order of second report

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting  sales  to  holders  of  licenses  to  sell for on-premises
  consumption

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

  Section 1. Section 79 of the alcoholic beverage control law is amended
by adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL WINE  TO  ANY  PERSON
LICENSED  UNDER  THIS  CHAPTER TO SELL WINE AT RETAIL FOR CONSUMPTION ON
THE  PREMISES  UNDER  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,
SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B OR EIGHTY-ONE OF THIS CHAP-
TER.
  S 2. Section 63 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL  LIQUOR  AND/OR  WINE  AT
RETAIL  FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR, SIXTY-
FOUR-A, SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B,  OR
EIGHTY-ONE OF THIS CHAPTER.
  S 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
control  law, as amended by chapter 458 of the laws of 1993, are amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04214-02-3

S. 1440--A                          2

  3-a. No licensee or permittee shall purchase or agree to purchase  any
alcoholic  beverages  from  any  person within the state who is not duly
licensed to sell such alcoholic beverage as the case may be, at the time
of such agreement and sale nor give any order for any alcoholic beverage
to  any individual who is not the holder of a solicitor's permit, except
as provided for in section  SIXTY-THREE,  SEVENTY-NINE,  eighty-five  or
ninety-nine-g of this chapter.
  3-b.  No  retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person  duly  licensed  within  the
state  by  the  liquor  authority to sell such alcoholic beverage at the
time of such agreement and sale  to  such  retail  licensee,  except  as
provided  for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or nine-
ty-nine-g of this chapter.
  S 4. This act shall take effect immediately.

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