S T A T E O F N E W Y O R K
________________________________________________________________________
6888
2015-2016 Regular Sessions
I N A S S E M B L Y
April 8, 2015
___________
Introduced by M. of A. PAULIN, JAFFEE, LAVINE, ROBERTS, SCARBOROUGH,
WEPRIN, ZEBROWSKI, HOOPER -- Multi-Sponsored by -- M. of A. COOK,
MAGEE, THIELE, TITONE -- read once and referred to the Committee on
Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
providing alcoholic beverages on credit to an individual person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6 and 7 of section 100 of the alcoholic bever-
age control law, subdivision 6 as added by chapter 526 of the laws of
1939 and subdivision 7 as added by chapter 256 of the laws of 1978, are
amended to read as follows:
6. NOTWITHSTANDING SUBDIVISION FIVE OF THIS SECTION, A RETAIL LICENSEE
FOR OFF-PREMISES CONSUMPTION MAY SELL, DELIVER, GIVE AWAY, HOLD OR
STORE, OR CAUSE, PERMIT OR PROCURE TO BE SOLD, DELIVERED, GIVEN AWAY,
HELD OR STORED, ANY ALCOHOLIC BEVERAGE ON CREDIT TO ANY INDIVIDUAL
PERSON, PROVIDED THAT THE ORDER ON CREDIT IS AT LEAST TWO HUNDRED
DOLLARS. THE PROVISION OF THIS SUBDIVISION SHALL STILL APPLY IF THE
RETAIL LICENSEE RETAINS THE ALCOHOLIC BEVERAGE FOR THE INDIVIDUAL
PERSON.
7. No licensee shall sell or purchase any receipts, certificates,
contracts or other documents issued for the storage of alcoholic bever-
ages except as provided by the rules of the liquor authority. The liquor
authority shall prescribe such rules for the purchase and sale of such
receipts, certificates, contracts or other documents issued for the
storage of alcoholic beverages which, in its opinion, will best accom-
plish
(1) Elimination of fraudulent and deceptive transactions;
(2) Protection of purchasers against defaults by sellers;
(3) The delivery of the alcoholic beverages represented by such
receipts or documents, and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10251-01-5
A. 6888 2
(4) The payment of all taxes due thereon to the state.
[7.] 8. Within ten days after filing a new application to sell liquor
at retail under section sixty-three, sixty-four, sixty-four-a or sixty-
four-b of this chapter, a notice thereof, in the form prescribed by the
authority, shall be posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain posted throughout the
pendency of the application. The provisions hereof shall apply only
where no retail liquor license has previously been granted for the
proposed premise and shall, specifically, not be applicable to a
proposed sale of an existing business engaged in the retail sale of
liquor. The authority may adopt such rules it may deem necessary to
carry out the purpose of this subdivision.
S 2. This act shall take effect immediately.