Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 10, 2014 |
print number 4812d |
Jun 10, 2014 |
amend and recommit to investigations and government operations |
Mar 13, 2014 |
print number 4812c |
Mar 13, 2014 |
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 |
Jun 13, 2013 |
amend and recommit to investigations and government operations |
May 14, 2013 |
print number 4812a |
May 14, 2013 |
amend (t) and recommit to investigations and government operations |
Apr 24, 2013 |
referred to investigations and government operations |
Senate Bill S4812B
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
2013-S4812 - Details
- See Assembly Version of this Bill:
- A8012
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §101, ABC L
2013-S4812 - Sponsor Memo
BILL NUMBER:S4812 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to manufacturers and wholesalers of alcohol and retail interest and licenses PURPOSE: The purpose of this legislation is to update the Alcohol Beverage Control Law with respect to the so called "tied house laws" to allow a tied house to have an interest in an establishment where alcohol is sold, just not its product. SUMMARY OF PROVISIONS: Section 1. Amends Section 101(a) to allow a manufacturer or wholesaler of alcoholic beverages to have an interest in a premises that is licensed to sell alcoholic beverages so long as it does not sell its own alcoholic beverage. Section 2. Amends Section 103 by adding a new sub section 10 to allow a manufacturer to have an interest in a licensed premises. Section 3. Amends Section 104 by adding a new sub section 12 to allow a wholesaler to have an interest in a licensed premises. Section 4. Amends Section 106 (13) to allow a manufacturer or wholesaler of alcoholic beverages to have an interest in a premises that is licensed to sell alcoholic beverages so long as it does not sell its own alcoholic beverage.
2013-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
2013-S4812A - Details
- See Assembly Version of this Bill:
- A8012
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §101, ABC L
2013-S4812A - Sponsor Memo
BILL NUMBER:S4812A REVISED MEMO 05/15/13 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to manufacturers of alcohol and retail interest and licenses PURPOSE: The purpose of this legislation is to update the Alcohol Beverage Control Law with respect to the so called "tied house laws" to allow a tied house to have an interest in an establishment where alcohol is sold, just not its product. SUMMARY OF PROVISIONS: Section 1. Amends Section 101(a) to allow a manufacturer of alcoholic beverages to have an interest in a premises that is licensed to sell alcoholic beverages so long as it does not sell its own alcoholic beverage. Section 2. Amends Section 103 by adding a new sub section 10 to allow a manufacturer to have an interest in a licensed premises. Section 3. This act shall take effect immediately. JUSTIFICATION:
2013-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
(R, C, IP) Senate District
(R) Senate District
2013-S4812B - Details
- See Assembly Version of this Bill:
- A8012
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §101, ABC L
2013-S4812B - Sponsor Memo
BILL NUMBER:S4812B TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to manufacturers of alcohol and retail interest and licenses PURPOSE: The purpose of this legislation is to amend the Alcohol Beverage Control Law with respect to an exception to the so called "tied house laws" to allow a baker/restaurant in the borough of Manhattan that has a financial partner that has an interest in a winery in France to obtain an on premises license for the sale of alcohol at its current locations. SUMMARY OF PROVISIONS: Section 1. Amends Section 101(a) to allow a bakery/restaurant to apply for an on premises license to serve alcohol at its current locations JUSTIFICATION: The "tied house rule" is a post-Prohibition era relic of New Yorks liquor laws that has not kept pace with the times and is significantly restricting economic development, consumer choice and job creation in many New York State and New York City neighborhoods. While this law was created during the post-Prohibition era to essentially encourage competition, one of its clear impacts today is to prevent high quality, healthy, full service restaurants from opening - and creating jobs.
2013-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
(R, C, IP) Senate District
(R) Senate District
2013-S4812C - Details
- See Assembly Version of this Bill:
- A8012
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §101, ABC L
2013-S4812C - Sponsor Memo
BILL NUMBER:S4812C TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to manufacturers of alcohol and retail interest and licenses PURPOSE: The purpose of this legislation is to amend the Alcohol Beverage Control Law with respect to an exception to the so called "tied house laws" to allow a baker/restaurant in the borough of Manhattan that has a financial partner who has an interest in a winery in France to obtain an on premises license for the sale of alcohol at its current locations. SUMMARY OF PROVISIONS: Section 1 Amends Section 106 (13) to allow a bakery/restaurant to apply for an on premises license to serve alcohol at its current locations JUSTIFICATION: The "tied house rule" is a post-Prohibition era relic of New York's liquor laws that has not kept pace with the times and is significantly restricting economic development, consumer choice and job creation in many New York State and New York City neighborhoods. While this law was created during the post-Prohibition era to essentially encourage competition, one of its clear impacts today is to prevent high quality, healthy, full service restaurants from opening - and creating jobs.
2013-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
(R, C, IP) Senate District
(R) Senate District
2013-S4812D (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8012
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §101, ABC L
2013-S4812D (ACTIVE) - Sponsor Memo
BILL NUMBER:S4812D TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to manufacturers of alcohol and retail interest and licenses PURPOSE: The purpose of this legislation is to amend the Alcohol Beverage Control Law with respect to an exception to the so called "tied house laws" to allow a baker/restaurant in the borough of Manhattan that has a financial partner who has an interest in a winery in France to obtain an on premises license for the sale of alcohol at its current locations. SUMMARY OF PROVISIONS: Section 1, Amends Section 106 (13a) to allow a bakery/restaurant to apply for an on premises license to serve alcohol at its current locations JUSTIFICATION: The "tied house rule" is a post-Prohibition era relic of New York's liquor laws that has not kept pace with the times and is significantly restricting economic development, consumer choice and job creation in many New York State and New York City neighborhoods. While this law was created during the post-Prohibition era to essentially encourage competition, one of its clear impacts today is to prevent high quality, healthy, full service restaurants from opening - and creating jobs
2013-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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