senate Bill S4812B

2013-2014 Legislative Session

Relates to manufacturers of alcohol and their interest in any premises where alcohol is sold and retail licenses

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Archive: Last Bill Status -


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 print number 4812d
amend and recommit to investigations and government operations
Mar 13, 2014 print number 4812c
amend and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
returned to senate
died in assembly
Jun 24, 2013 referred to economic development
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1608
committee discharged and committed to rules
Jun 13, 2013 print number 4812b
amend and recommit to investigations and government operations
May 14, 2013 print number 4812a
amend (t) and recommit to investigations and government operations
Apr 24, 2013 referred to investigations and government operations

S4812 - Details

See Assembly Version of this Bill:
A8012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812 - Summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

S4812 - Sponsor Memo

S4812 - Bill Text download pdf

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

                                  4812

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

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

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  manufacturers and wholesalers  of  alcohol  and  retail  interest  and
  licenses

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
section 101 of the alcoholic beverage control law, as amended by chapter
22 of the laws of 2011, is amended to read as follows:
  Be  interested  directly or indirectly in any premises where any alco-
holic beverage is sold at retail EXCEPT THAT IT SHALL  NOT  BE  UNLAWFUL
FOR  A  MANUFACTURER  OR  WHOLESALER  LICENSED  UNDER THIS CHAPTER TO BE
INTERESTED DIRECTLY OR INDIRECTLY IN ANY PREMISES WHERE ALCOHOLIC BEVER-
AGES ARE SOLD SO LONG AS THE WHOLESALER'S  OR  MANUFACTURER'S  ALCOHOLIC
BEVERAGE IS NOT SOLD AT SAID PREMISES; or in any business devoted wholly
or  partially  to  the sale of any alcoholic beverage at retail by stock
ownership, interlocking directors, mortgage or lien or any  personal  or
real  property,  or by any other means. The provisions of this paragraph
shall not apply to
  S 2. Section 103 of the alcoholic beverage control law is  amended  by
adding a new subdivision 10 to read as follows:
  10.  ANY MANUFACTURER SHALL BE PERMITTED A RETAIL LICENSE FOR ON-PREM-
ISES CONSUMPTION IN ANY PREMISES WHERE LIQUORS, WINES OR BEER  ARE  SOLD
AT  WHOLESALE,  BY  STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR
LIEN ON ANY PERSONAL OR REAL PROPERTY OR BY ANY OTHER MEANS, EXCEPT THAT
LIQUORS, WINES OR BEER MAY BE  SOLD  BY  THE  PERSON  LICENSED  AS  SAID
MANUFACTURER  THEREOF  SO  LONG AS THE ALCOHOLIC BEVERAGE OR BEVERAGE OF
SAID RETAIL LICENSEE SHALL NOT BE SOLD FOR ON-SITE CONSUMPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-01-3

S4812A - Details

See Assembly Version of this Bill:
A8012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812A - Summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

S4812A - Sponsor Memo

S4812A - Bill Text download pdf

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

                                 4812--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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
  manufacturers of alcohol and retail interest and licenses

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
section 101 of the alcoholic beverage control law, as amended by chapter
22 of the laws of 2011, is amended to read as follows:
  Be  interested  directly or indirectly in any premises where any alco-
holic beverage is sold at retail EXCEPT THAT IT SHALL  NOT  BE  UNLAWFUL
FOR A MANUFACTURER LICENSED UNDER THIS CHAPTER TO BE INTERESTED DIRECTLY
OR  INDIRECTLY  IN ANY RESTAURANT AS DEFINED IN THIS CHAPTER WHERE ALCO-
HOLIC BEVERAGES ARE SOLD SO LONG AS THE MANUFACTURER'S ALCOHOLIC  BEVER-
AGE IS NOT SOLD AT SAID RESTAURANT AS DEFINED IN THIS CHAPTER; or in any
business devoted wholly or partially to the sale of any alcoholic bever-
age  at  retail  by stock ownership, interlocking directors, mortgage or
lien or any personal or real  property,  or  by  any  other  means.  The
provisions of this paragraph shall not apply to
  S  2.  Section 103 of the alcoholic beverage control law is amended by
adding a new subdivision 10 to read as follows:
  10. ANY MANUFACTURER SHALL BE PERMITTED A RETAIL LICENSE FOR  ON-PREM-
ISES  CONSUMPTION  IN  ANY  RESTAURANT  AS DEFINED IN THIS CHAPTER WHERE
LIQUORS, WINES OR BEER ARE SOLD, EXCEPT THAT SAID MANUFACTURER SHALL  BE
PROHIBITED  FROM  SELLING  ITS PRODUCT AT SAID RESTAURANT WHERE IT HAS A
RETAIL LICENSE.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-05-3

Co-Sponsors

S4812B - Details

See Assembly Version of this Bill:
A8012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812B - Summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

S4812B - Sponsor Memo

S4812B - Bill Text download pdf

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

                                 4812--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  --  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
  manufacturers of alcohol and retail interest and licenses

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

  Section  1. Paragraph (a) of subdivision 1 of section 101 of the alco-
holic beverage control law, as amended by chapter  22  of  the  laws  of
2011, is amended to read as follows:
  (a)  Be  interested  directly  or indirectly in any premises where any
alcoholic beverage is sold at retail; or in any business devoted  wholly
or  partially  to  the sale of any alcoholic beverage at retail by stock
ownership, interlocking directors, mortgage or lien or any  personal  or
real  property,  or by any other means. The provisions of this paragraph
shall not apply to:
  (i) any such premises or business constituting the  overnight  lodging
and  resort facility located wholly within the boundaries of the town of
North Elba, county of Essex, township eleven,  Richard's  survey,  great
lot  numbers  two  hundred  seventy-eight, two hundred seventy-nine, two
hundred eighty, two hundred ninety-eight, two hundred ninety-nine, three
hundred, three hundred eighteen, three hundred nineteen,  three  hundred
twenty,  three  hundred  thirty-five  and  three hundred thirty-six, and
township twelve, Thorn's survey, great lot numbers one hundred  six  and
one  hundred  thirteen,  as shown on the Adirondack map, compiled by the
conservation department of the state of  New  York  -  nineteen  hundred
sixty-four  edition,  in  the Essex county atlas at page twenty-seven in
the Essex county clerk's office, Elizabethtown, New York, provided  that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-06-3

Co-Sponsors

S4812C - Details

See Assembly Version of this Bill:
A8012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812C - Summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

S4812C - Sponsor Memo

S4812C - Bill Text download pdf

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

                                 4812--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  GOLDEN,  MAZIARZ  --  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 commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Investigations and Government  Operations  in  accordance
  with  Senate  Rule  6,  sec.  8 -- 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
  manufacturers of alcohol and retail interest and licenses

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

  Section 1.  Subdivision 13 of section 106 of  the  alcoholic  beverage
control law, as amended by chapter 22 of the laws of 2011, is amended to
read as follows:
  13.  No  retail  licensee  for on-premises consumption shall be inter-
ested, directly or indirectly, in any premises where liquors,  wines  or
beer  are  manufactured or sold at wholesale, by stock ownership, inter-
locking directors, mortgage or lien on any personal or real property  or
by  any  other means, except that liquors, wines or beer may be manufac-
tured or sold wholesale by the person  licensed  as  a  manufacturer  or
wholesaler  thereof  on  real  property  owned by an interstate railroad
corporation or a  United  States  certificated  airline  with  a  retail
license for on-premises consumption, or on premises or with respect to a
business  constituting  an overnight lodging and resort facility located
wholly within the boundaries of the town of North Elba, county of Essex,
township eleven, Richard's survey, great lot numbers two hundred  seven-
ty-eight, two hundred seventy-nine, two hundred eight, two hundred nine-
ty-eight,  two  hundred  ninety-nine, three hundred, three hundred eigh-
teen, three  hundred  nineteen,  three  hundred  twenty,  three  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-08-4

Co-Sponsors

S4812D (ACTIVE) - Details

See Assembly Version of this Bill:
A8012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A6499A

S4812D (ACTIVE) - Summary

Relates to manufacturers and wholesalers of alcohol and their interest in any premises where alcohol is sold and retail licenses.

S4812D (ACTIVE) - Sponsor Memo

S4812D (ACTIVE) - Bill Text download pdf

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

                                 4812--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  GOLDEN,  MAZIARZ  --  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 commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Investigations and Government  Operations  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  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
  manufacturers of alcohol and retail interest and licenses

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

  Section 1.   Section 106 of the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 13-a to read as follows:
  13-A.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION THIRTEEN OF THIS
SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE STATE  LIQUOR
AUTHORITY  MAY ISSUE A LICENSE OR LICENSES UNDER SECTION EIGHTY-ONE-A OF
THIS CHAPTER TO THE OWNER AND/OR OPERATOR OF  THE  PARCEL  DESCRIBED  IN
THIS  PARAGRAPH.  THE  LEGAL DESCRIPTION FOR THE PARCEL SO IDENTIFIED AS
THE SITE ARE AS FOLLOWS:
  ANY SUCH PREMISES OR BUSINESS CONSTITUTING A RETAIL BAKERY AND RESTAU-
RANT AS DEFINED IN THIS CHAPTER CONTAINED WHOLLY WITHIN  THE  BOUNDARIES
OF  THE COUNTY OF NEW YORK, BEGINNING AT THE CORNER FORMED BY THE INTER-
SECTION OF THE WESTERLY SIDE OF 3RD AVENUE AND  THE  NORTHERLY  SIDE  OF
EAST  74TH  STREET;  RUNNING THENCE NORTHERLY ALONG THE WESTERLY SIDE OF
3RD AVENUE, 76 FEET 8 INCHES; THENCE WESTERLY PARALLEL  WITH  EAST  74TH
STREET,  100  FEET; THENCE SOUTHERLY PARALLEL WITH 3RD AVENUE, 76 FEET 8
INCHES TO THE NORTHERLY SIDE OF EAST 74TH STREET;  AND  THENCE  EASTERLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09981-13-4

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