NY State Senate Bill 2017-S4304

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to commerce, economic development and small business returned to senate died in assembly
Apr 25, 2017	referred to economic development delivered to assembly passed senate
Mar 06, 2017	advanced to third reading
Mar 02, 2017	2nd report cal.
Mar 01, 2017	1st report cal.281
Feb 08, 2017	referred to commerce, economic development and small business

Votes

- Apr 25, 2017 - Floor Vote
  S4304
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 25, 2017
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (4)
      
      Bailey
      
      Boyle
      
      Krueger
      
      Sanders Jr.
  Mar 1, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S4304
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Mar 1, 2017
      
      aye (10)
      
      Bailey
      
      Boyle
      
      Felder
      
      Funke
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Persaud
      
      Robach
      
      Sanders Jr.
      
      excused (1)
      
      Gallivan

co-Sponsors

2017-S4304 (ACTIVE) - Details

See Assembly Version of this Bill:: A2787
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §63, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S622
2011-2012: S486, A6431
2013-2014: S1172, A2489
2015-2016: S1656, A3553
2019-2020: A2747

2017-S4304 (ACTIVE) - Summary

Relates to the sale of non-food wine or liquor supplies, accessories and/or barware.

2017-S4304 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4304

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to the sale of non-food wine or liquor supplies,
accessories and/or barware

 PURPOSE :

This bill would amend the current law to include the sale of wine
supplies and accessories, which shall include any item utilized for
the storage, transport, serving or consumption of wine or for
decorative purposes whether sold as single items or combined into a
package containing wine or a wine product. This bill also states that
if a business is caught by the liquor authority of selling any
products not stated in this bill then they must be given a written
warning from the liquor authority, affording them no less than 30 days
notice within which to cease engaging in other businesses on the
licensed premises.

 SUMMARY OF PROVISIONS :

Section 63 is amended to read sale of wine supplies and accessories,
which shall include any item utilized for the storage, transport,
serving or consumption of wine or for decorative purposes whether sold
as single items or combined into a package containing wine or a wine
product, shall not constitute engaging in another business within the

meaning of this subdivision section 63.7 is amended to read No
licensee may be assessed a civil penalty for a violation of
subdivision four of this section, unless they have first been given a
written warning from the liquor authority, affording them no less than
30 days notice within which to cease engaging in other businesses on
the licensed premises. Such warning shall enumerate the specific items
which must be removed to comply with subdivision four of this section.

 JUSTIFICATION :

Due to recent events the liquor authority has fined liquor stores up
to ten thousand dollars for selling wine gift bags and accessories
without warning. This bill would allow liquor stores the time they
need to remove the items they are not allowed to sell before a fine is
impose

 LEGISLATIVE HISTORY :

2011- REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
2012- Passed Senate
2013- Passed Senate
2014- Passed Senate
2015- Passed Senate
2016- Passed Senate

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4304 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4304
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2017
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   sale of non-food wine or liquor supplies, accessories and/or barware

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section  63 of the alcoholic beverage
 control law, as amended by chapter 297 of the law of 2016, is amended to
 read as follows:
   4. No licensee under this section shall be engaged in any other  busi-
 ness  on  the  licensed premises. The sale of lottery tickets, when duly
 authorized and lawfully conducted, the sale of corkscrews or the sale of
 ice or the sale of  publications,  including  prerecorded  video  and/or
 audio  cassette tapes, designed to help educate consumers in their know-
 ledge and appreciation of wine and wine products, as defined in  section
 three  of  this  chapter,  or  the  sale of non-carbonated, non-flavored
 mineral waters, spring waters and drinking waters or the [sale of glass-
 es designed for the consumption of wine, racks designed for the  storage
 of  wine,  and devices designed to minimize oxidation in bottles of wine
 which have been uncorked], SALE OF NON-FOOD  WINE  OR  LIQUOR  SUPPLIES,
 ACCESSORIES  AND/OR BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION  OF
 WINE  OR  LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS
 OR COMBINED INTO A PACKAGE  CONTAINING  WINE  OR  LIQUOR,  PUBLICATIONS,
 SUBSCRIPTION  SERVICES,  MEMBERSHIPS,  LOYALTY PROGRAMS AND EDUCATION IN
 THE FORM OF LIVE,  WEBINAR  OR  PRERECORDED  CONTENT  DESIGNED  TO  HELP
 EDUCATE  CONSUMERS IN THEIR KNOWLEDGE, USE, CONSUMPTION AND APPRECIATION
 OF ALCOHOLIC BEVERAGES, INCLUDING RECIPES AND FOOD AND BEVERAGE PAIRING,
 AND WINE-MAKING AND CIDER-MAKING EQUIPMENT AND SUPPLIES  INCLUDING,  BUT
 NOT  LIMITED TO, HOME WINE-MAKING AND CIDER-MAKING KITS, PRESSES, PUMPS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07883-01-7

 S. 4304                             2
 
 BOTTLING EQUIPMENT, FILTERS, YEASTS, CHEMICALS AND OTHER WINE AND  CIDER
 ADDITIVES,  STORAGE OR FERMENTING VESSELS, BARRELS, TOOLS AND DEVICES or
 the sale of gift bags, gift boxes, or wrapping, for alcoholic  beverages
 purchased  at  the  licensed  premises  shall not constitute engaging in
 another business within the meaning of this subdivision.
   § 2. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 603 of the laws of 1992, is amended to read
 as follows:
   4. No licensee under this section shall be engaged in any other  busi-
 ness  on  the  licensed premises. The sale of lottery tickets, when duly
 authorized and lawfully conducted, the sale of corkscrews or the sale of
 ice or the sale of  publications,  including  prerecorded  video  and/or
 audio  cassette tapes, designed to help educate consumers in their know-
 ledge and appreciation of wine and wine products, as defined in  section
 three  of  this  chapter,  or  the  sale of non-carbonated, non-flavored
 mineral waters, spring waters and drinking waters or the [sale of glass-
 es designed for the consumption of wine, racks designed for the  storage
 of  wine,  and devices designed to minimize oxidation in bottles of wine
 which have been uncorked] SALE OF  NON-FOOD  WINE  OR  LIQUOR  SUPPLIES,
 ACCESSORIES  AND/OR BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION  OF
 WINE  OR  LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS
 OR COMBINED INTO A PACKAGE  CONTAINING  WINE  OR  LIQUOR,  PUBLICATIONS,
 SUBSCRIPTION  SERVICES,  MEMBERSHIPS,  LOYALTY PROGRAMS AND EDUCATION IN
 THE FORM OF LIVE,  WEBINAR  OR  PRERECORDED  CONTENT  DESIGNED  TO  HELP
 EDUCATE  CONSUMERS IN THEIR KNOWLEDGE, USE, CONSUMPTION AND APPRECIATION
 OF ALCOHOLIC BEVERAGES, INCLUDING RECIPES AND FOOD AND BEVERAGE PAIRING,
 AND WINE-MAKING AND CIDER-MAKING EQUIPMENT AND SUPPLIES  INCLUDING,  BUT
 NOT  LIMITED TO, HOME WINE-MAKING AND CIDER-MAKING KITS, PRESSES, PUMPS,
 BOTTLING EQUIPMENT, FILTERS, YEASTS, CHEMICALS AND OTHER WINE AND  CIDER
 ADDITIVES,  STORAGE  OR  FERMENTING VESSELS, BARRELS, TOOLS AND DEVICES,
 shall not constitute engaging in another business within the meaning  of
 this subdivision.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 4 of section 63 of the alcoholic  beverage
 control  law  made  by  section  one of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to section  18  of
 chapter  297  of  the  laws of 2016, as amended, when upon such date the
 provisions of section two of this act shall take effect.

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Senate Bill S4304

Sponsored By

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Apr 25, 2017 - Floor Vote

Floor Vote: Apr 25, 2017

Mar 1, 2017 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: Mar 1, 2017

co-Sponsors

2017-S4304 (ACTIVE) - Details

2017-S4304 (ACTIVE) - Summary

2017-S4304 (ACTIVE) - Sponsor Memo

2017-S4304 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4304

Share this bill

Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

co-Sponsors

Brad Hoylman-Sigal

2017-S4304 (ACTIVE) - Details

2017-S4304 (ACTIVE) - Summary

2017-S4304 (ACTIVE) - Sponsor Memo

2017-S4304 (ACTIVE) - Bill Text download pdf

Comments