senate Bill S352

Signed By Governor
2013-2014 Legislative Session

Provides no fines shall be issued except upon a finding of intent on the part of the licensee and if no intent shall be found, the penalty shall not exceed a letter of warning

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Archive: Last Bill Status Via A7166 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.224
Jul 19, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.665
substituted for s352
Jun 20, 2013 substituted by a7166
Jun 18, 2013 amend by restoring to original print 352
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.665
Jan 09, 2013 referred to investigations and government operations
Jun 17, 2013 amended on third reading 352a

Votes

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May 21, 2013 - Investigations and Government Operations committee Vote

S352
7
1
committee
7
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 21, 2013

nay (1)
aye wr (1)

Bill Amendments

Original (Active)
A
Original (Active)
A

Co-Sponsors

S352 - Bill Details

See Assembly Version of this Bill:
A7166
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L

S352 - Bill Texts

view summary

Provides that no retail licensee for on-premises consumption shall intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or wholesaler.

view sponsor memo
BILL NUMBER:S352

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to providing
that no retail licensee for on-premises consumption shall intentionally
adulterate, dilute or fortify the contents of any container of alcoholic
beverages

PURPOSE:
To clarify that it is prohibited to intentionally adulterate any
container of alcoholic beverages as received from the manufacturer or
wholesaler.

SUMMARY OF PROVISIONS:
Section one prohibits a licensee from intentionally adulterating any
container of alcoholic beverages as received from the manufacturer or
wholesaler.

Section two of this bill provides an immediate effective date.

EXISTING LAW:
Adulteration is prohibited regardless
of whether such
adulteration was intentional.

JUSTIFICATION:
This section is often used by the SLA to cite licensees for fruit
flies that get into beverage containers. The presence of fruit flies
in a container is a health code issue not an Alcohol Beverage Control
issue. This section was designed to make sure the licensee or
employee does not engage in devious behavior to take advantage of
their customers, but is being used by the SLA outside of its proper
scope.. By limiting the SLA to citing licensees for intentional
adulteration, the SLA will be able to continue to protect consumers
from dishonest business practices, without venturing into enforcement
areas inappropriate for the SLA.

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
________________________________________________________________________

                                   352

                       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 Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  providing  that  no  retail licensee for on-premises consumption shall
  intentionally adulterate,  dilute  or  fortify  the  contents  of  any
  container of alcoholic beverages

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

  Section 1. Paragraph (a) of subdivision 2 of section 106 of the  alco-
holic  beverage  control  law,  as amended by chapter 512 of the laws of
2000, is amended to read as follows:
  (a) No retail licensee  for  on-premises  consumption,  except  corpo-
rations  operating railroad cars or aircraft being operated on regularly
scheduled flights by a United States certificated airline or persons  or
corporations  operating  a  hotel, as defined in subdivision fourteen of
section three of this chapter, for exclusive use in  the  furnishing  of
room service in the manner prescribed by rule or regulation of the state
liquor  authority,  shall  keep  upon  the licensed premises any liquors
and/or wines in any cask, barrel,  keg,  hogshead  or  other  container,
except  in the original sealed package as received from the manufacturer
or wholesaler. Such containers shall have affixed thereto such labels as
may be required by the rules of the liquor authority, together with  all
necessary  federal  revenue and New York state excise stamps as required
by law. No retail licensee  for  on-premises  consumption  shall  reuse,
refill,  tamper  with,  INTENTIONALLY  adulterate, dilute or fortify the
contents of any container of alcoholic beverages as  received  from  the
manufacturer or wholesaler.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02150-01-3

Co-Sponsors

S352A - Bill Details

See Assembly Version of this Bill:
A7166
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L

S352A - Bill Texts

view summary

Provides that no retail licensee for on-premises consumption shall intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages as received from the manufacturer or wholesaler.

view sponsor memo
BILL NUMBER:S352A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to providing that no retail licensee for on-premises
consumption shall intentionally adulterate, dilute or fortify the
contents of any container of alcoholic beverages

PURPOSE: To clarify that it is prohibited to intentionally adulterate
any container of alcoholic beverages as received from the manufacturer
or wholesaler.

SUMMARY OF PROVISIONS:

Section one prohibits a licensee from intentionally adulterating any
container of alcoholic beverage as received from the manufacturer or
wholesaler. A fine shall not be issued unless there is a finding of
intent on part of the licensee.

Section two of this bill provides an immediate effective date.

EXISTING LAW: A fine for adulteration could be issued regardless of
whether such adulteration was intentional.

JUSTIFICATION: This section is often used by the SLA to cite
licensees for fruit flies that get into beverage containers. The
presence of fruit flies in a container is a health code issue not an
Alcohol Beverage Control issue. This section was designed to make sure
the licensee or employee does not engage in devious behavior to take
advantage of their customers, but is being used by the SLA outside of
its proper scope. By limiting the SLA to citing licensees for
intentional adulteration, the SLA will be able to continue to protect
consumers from dishonest business practices, without venturing into
enforcement areas inappropriate for the SLA.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 352--A
    Cal. No. 665

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GALLIVAN, BALL -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government  Operations -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  providing  that  no  retail licensee for on-premises consumption shall
  intentionally adulterate,  dilute  or  fortify  the  contents  of  any
  container of alcoholic beverages

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

  Section 1. Paragraph (a) of subdivision 2 of section 106 of the  alco-
holic  beverage  control  law,  as amended by chapter 512 of the laws of
2000, is amended to read as follows:
  (a) No retail licensee  for  on-premises  consumption,  except  corpo-
rations  operating railroad cars or aircraft being operated on regularly
scheduled flights by a United States certificated airline or persons  or
corporations  operating  a  hotel, as defined in subdivision fourteen of
section three of this chapter, for exclusive use in  the  furnishing  of
room service in the manner prescribed by rule or regulation of the state
liquor  authority,  shall  keep  upon  the licensed premises any liquors
and/or wines in any cask, barrel,  keg,  hogshead  or  other  container,
except  in the original sealed package as received from the manufacturer
or wholesaler. Such containers shall have affixed thereto such labels as
may be required by the rules of the liquor authority, together with  all
necessary  federal  revenue and New York state excise stamps as required
by law. No retail licensee  for  on-premises  consumption  shall  reuse,
refill,  tamper  with, adulterate, dilute or fortify the contents of any
container of alcoholic beverages as received from  the  manufacturer  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02150-02-3

S. 352--A                           2

wholesaler.  PROVIDED HOWEVER WHERE THE CONTENTS OF A CONTAINER OF ALCO-
HOLIC  BEVERAGES  HAS  BEEN  ADULTERATED, DILUTED OR FORTIFIED, NO FINES
SHALL BE ISSUED EXCEPT UPON A FINDING OF  INTENT  ON  THE  PART  OF  THE
LICENSEE AND IF NO INTENT SHALL BE FOUND, THE PENALTY SHALL NOT EXCEED A
LETTER OF WARNING.
  S 2. This act shall take effect immediately.

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