S T A T E O F N E W Y O R K
________________________________________________________________________
10361--B
I N A S S E M B L Y
May 24, 2016
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
designating nationally recognized credit cards as "cash" for purposes
of the sale of alcoholic beverages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph g of subdivision 1 of section 101-aaa of the
alcoholic beverage control law, as amended by chapter 298 of the laws of
2010, is amended to read as follows:
g. "Cash" means and includes currency and coin of the United States of
America, certified check, money order, electronic funds transfer,
NATIONALLY RECOGNIZED CREDIT CARD, bank officer's check or draft, or a
check drawn on the account of the retail licensee payable to the
manufacturer or wholesaler and dated no later than the date of delivery
of the alcoholic beverages and which is honored upon presentment for
payment; provided, however, that if any check or other instrument
described in this paragraph tendered by a retail licensee on the delin-
quent list is not honored upon presentment for payment, the license of
such retail licensee may be suspended for not more than fifteen days for
the first offense, and not more than sixty days for a subsequent
offense, which penalty shall be in addition to the penalty provided for
by the provisions of subdivision six of this section, and provided
further, that nothing in this section shall require a manufacturer or
wholesaler to accept a check tendered by or drawn on the account of a
retail licensee on the delinquent list unless the same has been certi-
fied; AND ALSO PROVIDED THAT THE ACCEPTANCE OF A NATIONALLY RECOGNIZED
CREDIT CARD SHALL BE LIMITED TO THOSE WHOLESALERS WHO DO NOT DELIVER
THEIR MERCHANDISE TO A RETAIL LICENSEE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15416-05-6
A. 10361--B 2
S 2. Paragraph f of subdivision 1 of section 101-aa of the alcoholic
beverage control law, as amended by chapter 84 of the laws of 2004, is
amended to read as follows:
f. "Cash" means and includes currency and coin of the United States of
America, certified check, money order, electronic funds transfer,
NATIONALLY RECOGNIZED CREDIT CARD, bank officer's check or draft, or a
check drawn on the account of the retail licensee payable to the
manufacturer or wholesaler and dated no later than the date of delivery
of the alcoholic beverages and which is honored upon presentment for
payment, provided, however, that if any check or other instrument
described herein tendered by a retail licensee on the delinquent list is
not honored upon presentment for payment, the license of such retail
licensee may be suspended for not more than fifteen days for the first
offense, and not more than sixty days for a subsequent offense, which
penalty shall be in addition to the penalty provided for by the
provisions of subdivision six of this section, and provided further,
that nothing herein contained shall require a manufacturer or wholesaler
to accept a check tendered by or drawn on the account of a retail licen-
see on the delinquent list unless the same has been certified; AND ALSO
PROVIDED THAT THE ACCEPTANCE OF A NATIONALLY RECOGNIZED CREDIT CARD
SHALL BE LIMITED TO THOSE WHOLESALERS WHO DO NOT DELIVER THEIR MERCHAN-
DISE TO A RETAIL LICENSEE.
S 3. This act shall take effect immediately.