NY State Senate Bill 2013-S4491A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to investigations and government operations
May 16, 2013	print number 4491a
May 16, 2013	amend (t) and recommit to investigations and government operations
Apr 03, 2013	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S4491 - Details

See Assembly Version of this Bill:: A2894
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§101-aa & 101-aaa, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3170
2011-2012: S1503

2013-S4491 - Summary

Relates to sales and deliveries of liquor and wine to not-for-profit organizations.

2013-S4491 - Sponsor Memo

                                BILL NUMBER:S4491

TITLE  OF BILL:  An act directing the state liquor authority to exempt
not-for-profit companies from the fifteen day billing cycle

PURPOSE:

This bill would mandate that the NYS Liquor Authority  return  to  the
"30 day billing policy" for not-for-profit organizations.

SUMMARY OF PROVISIONS:

Adds section one which would state that the commissioners of the state
liquor  authority  are  hereby  directed  to  allow all not-for-profit
establishments that are subject to the regulations of the authority at
least 30 days for all billing procedures.

JUSTIFICATION:

The New York State Division of Alcoholic Beverage Control has issued a
memorandum  mandating  a  policy   of   billing   all   retail   sales
establishments twice a month for all purchases from all beer, wine and
liquor  distributors.  A  large number of the American Legion Posts in
New  York  State  operate  a  members'  lounge   which   significantly
contributes  to  the income and social activities of the facility. The
operation of such members' lounge is under the jurisdiction of the New

York State Division of Alcoholic Beverage Control. The current billing
policy is a major deviation from the normal practice of a 30  day  net
due  policy  utilized  universally  by  the  retail business community
throughout this State and Nation.

This policy, for many obvious reasons, constitutes discrimination  and
hardship against a specific business sector in which many participants
such as the American Legion, are small, non-profit organizations whose
bookkeeping and financial transactions are performed by volunteers.

LEGISLATIVE HISTORY:

01/07/11 Referred to Investigation and Government Operations
01/04/12 Referred to Investigations and Government Operations

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S4491 - Bill Text download pdf

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

                                  4491

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

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

AN ACT directing the state liquor  authority  to  exempt  not-for-profit
  companies from the fifteen day billing cycle

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

  Section 1. The commissioners of the state liquor authority are  hereby
directed  to allow all not-for-profit establishments that are subject to
the regulations of the authority at least 30 days for all billing proce-
dures.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06972-01-3

co-Sponsors

2013-S4491A (ACTIVE) - Details

See Assembly Version of this Bill:: A2894
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§101-aa & 101-aaa, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3170
2011-2012: S1503

2013-S4491A (ACTIVE) - Summary

Relates to sales and deliveries of liquor and wine to not-for-profit organizations.

2013-S4491A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4491A

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to sales and deliveries of liquor and wine to not-for-profit
organizations

PURPOSE:

This bill would provide that the NYS Liquor Authority return to the
"30 day billing policy' for not-for-profit organizations.

SUMMARY OF PROVISIONS:

This bill amends the ABC law to add a new subdivision 2-a to sections
101-aa and 101-aaa to require that the term of payment made to
not-for-profit organizations for the sale of liquor or wine by
wholesalers licensed under this chapter be on or before the final
payment date of the credit period for which delivery is made. The
effect of this provision is to give not-for-profits a 30 day period
for payment.

JUSTIFICATION:

The New York State Division of Alcoholic Beverage Control has issued a
memorandum mandating a policy of billing all retail sales
establishments twice a month for all purchases from all beer, wine and

liquor distributors. A large number of the American Legion Posts in
New York State operate a members' lounge which significantly
contributes to the income and social activities of the facility. The
operation of such members' lounge is under the jurisdiction of the New
York State Division of Alcoholic Beverage Control. The current 15 day
billing policy is a major deviation from the normal practice of a 30
day net due policy utilized universally by the retail business
community throughout this State and Nation.

This policy, for many obvious reasons, constitutes discrimination and
hardship against a specific business sector in which many participants
such as the American Legion, are small, non-profit organizations whose
bookkeeping and financial transactions are performed by volunteers.

LEGISLATIVE HISTORY:

2011-12 - Investigations Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

2013-S4491A (ACTIVE) - Bill Text download pdf

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

                                 4491--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, AVELLA -- 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 sales
  and deliveries of liquor and wine to not-for-profit organizations

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

  Section  1.  Section  101-aa  of the alcoholic beverage control law is
amended by adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING SECTION TWO OF THIS CHAPTER,  A  MANUFACTURER  OR
WHOLESALER  LICENSED  UNDER THIS CHAPTER SHALL SELL OR DELIVER LIQUOR OR
WINE TO ANY NOT-FOR-PROFIT ORGANIZATION ON TERMS  REQUIRING  PAYMENT  BY
SUCH  NOT-FOR-PROFIT  ORGANIZATION  FOR  SUCH  ALCOHOLIC  BEVERAGE ON OR
BEFORE THE FINAL PAYMENT DATE OF THE CREDIT PERIOD FOR WHICH DELIVERY IS
MADE.
  S 2. Section 101-aaa of the alcoholic beverage control law is  amended
by adding a new subdivision 2-a to read as follows:
  2-A.  NOTWITHSTANDING  SECTION  TWO OF THIS CHAPTER, A MANUFACTURER OR
WHOLESALER LICENSED UNDER THIS CHAPTER SHALL SELL OR DELIVER  LIQUOR  OR
WINE  TO  ANY  NOT-FOR-PROFIT ORGANIZATION ON TERMS REQUIRING PAYMENT BY
SUCH NOT-FOR-PROFIT ORGANIZATION  FOR  SUCH  ALCOHOLIC  BEVERAGE  ON  OR
BEFORE THE FINAL PAYMENT DATE OF THE CREDIT PERIOD FOR WHICH DELIVERY IS
MADE.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06972-03-3

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Senate Bill S4491A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

co-Sponsors

2013-S4491 - Details

2013-S4491 - Summary

2013-S4491 - Sponsor Memo

2013-S4491 - Bill Text download pdf

co-Sponsors

2013-S4491A (ACTIVE) - Details

2013-S4491A (ACTIVE) - Summary

2013-S4491A (ACTIVE) - Sponsor Memo

2013-S4491A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

co-Sponsors

Tony Avella

2013-S4491 - Details

2013-S4491 - Summary

2013-S4491 - Sponsor Memo

2013-S4491 - Bill Text download pdf

co-Sponsors

Tony Avella

Mark Grisanti

George Latimer

2013-S4491A (ACTIVE) - Details

2013-S4491A (ACTIVE) - Summary

2013-S4491A (ACTIVE) - Sponsor Memo

2013-S4491A (ACTIVE) - Bill Text download pdf

Comments