NY State Senate Bill 2017-S4343

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

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to commerce, economic development and small business
Jun 21, 2017	committed to rules
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.812
Feb 10, 2017	referred to commerce, economic development and small business

Votes

- May 9, 2017 - Commerce, Economic Development And Small Business Committee Vote
  S4343
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Commerce, Economic Development And Small Business Committee Vote: May 9, 2017
      
      aye (8)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Robach
      
      aye wr (3)
      
      Bailey
      
      Persaud
      
      Sanders Jr.

co-Sponsors

2017-S4343 (ACTIVE) - Details

See Assembly Version of this Bill:: A7898
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§79, 63 & 102, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1440
2015-2016: S97

2017-S4343 (ACTIVE) - Summary

Relates to seven day licenses to sell wine or liquor; permits sales to holders of licenses to sell for on-premises consumption.

2017-S4343 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4343

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to permitting sales to holders of licenses to sell for
on-premises consumption

 PURPOSE :

To allow liquor stores to sell wine and/or liquor to retail
establishments for consumption on the premises.

 SUMMARY OF PROVISIONS :

Section one amends section 79 of the alcoholic beverage control law by
adding a new subdivision 5 authorizing a holder of a seven day license
to sell wine at retail for off-premise consumption to sell liquor
and/or wine to a person licensed to sell liquor and/or wine at retail
consumption on the premises. It also provides that any such sales
shall be subject to the credit terms in section 101-aa of the
alcoholic beverage control law and requires retail licensees seeking
to make sales to on-premises licensees to obtain a federal alcohol
wholesale permit and to register as a distributor of alcoholic
beverages with the state Department of Taxation and Finance.

Section two amends section 63 of the alcoholic beverage control law by
adding a new subdivision 7 authorizing a holder of a seven day license

to sell liquor at retail for off-premise consumption to sell liquor
and/or wine to a person licensed to sell liquor and/or wine at retail
consumption on the premises. It also provides that any such sales
shall be subject to the credit terms in section 101-aa of the
alcoholic beverage control law and requires retail licensees seeking
to make sales to on-premises licensees to obtain a federal alcohol
wholesale permit and to register as a distributor of alcoholic
beverages with the state Department of Taxation and Finance.

Section three amends subdivisions 3-a and 3-b of section 102 of the
alcoholic beverage control law, as amended by chapter 458 of the laws
of 1993, allowing a licensee to purchase alcoholic beverages from an
individual who has a permit under section sixty-three and seventy-nine
of this chapter.

Section four of this bill provides an immediate effective date.

 EXISTING LAW :

Liquor and wine stores cannot sell to on premise licensees.

 JUSTIFICATION :

This will reduce the prices for on premise retailers and their
customers as well as improve service to on premise licensees. At the
same time, this bill will enhance the liquor store business by
providing them with a new customer base.

 LEGISLATIVE HISTORY :

2015-16: S.97 Committed to the Committee on Commerce, Economic
Development and Small Business.
2013-14: S.1440-A Committed to Rules

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediate.

2017-S4343 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4343
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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
   permitting sales to  holders  of  licenses  to  sell  for  on-premises
   consumption

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 79 of the alcoholic beverage control law is amended
 by adding a new subdivision 5 to read as follows:
    5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
 UNDER  THIS  SECTION  INCLUDES THE PRIVILEGES TO SELL WINE TO ANY PERSON
 LICENSED UNDER THIS CHAPTER TO SELL WINE AT RETAIL  FOR  CONSUMPTION  ON
 THE  PREMISES  UNDER  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,
 SIXTY-FOUR-C, SIXTY-FOUR-D, SEVENTY-NINE-B OR EIGHTY-ONE OF  THIS  CHAP-
 TER.  ANY  SUCH  SALES SHALL BE SUBJECT TO SECTION ONE HUNDRED ONE-AA OF
 THIS CHAPTER. PRIOR TO MAKING ANY  SALES  TO  ON-PREMISES  LICENSEES,  A
 LICENSEE UNDER THIS CHAPTER SHALL OBTAIN A PERMIT FROM THE FEDERAL ALCO-
 HOL  AND  TOBACCO  TAX  AND  TRADE BUREAU AUTHORIZING IT TO SELL WINE AT
 WHOLESALE AND SHALL REGISTER AS A  DISTRIBUTOR  OF  ALCOHOLIC  BEVERAGES
 WITH THE STATE DEPARTMENT OF TAXATION AND FINANCE.
   §  2.  Section  63 of the alcoholic beverage control law is amended by
 adding a new subdivision 7 to read as follows:
    7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
 UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
 ANY  PERSON  LICENSED  UNDER  THIS CHAPTER TO SELL LIQUOR AND/OR WINE AT
 RETAIL FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR,  SIXTY-
 FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B, OR
 EIGHTY-ONE OF THIS CHAPTER.  ANY SUCH SALES SHALL BE SUBJECT TO  SECTION
 ONE  HUNDRED  ONE-AA  OF  THIS  CHAPTER.  PRIOR  TO  MAKING ANY SALES TO
 ON-PREMISES LICENSEES, A LICENSEE UNDER  THIS  CHAPTER  SHALL  OBTAIN  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09885-01-7

 S. 4343                             2
 
 PERMIT FROM THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AUTHOR-
 IZING  IT TO SELL WINE AND/OR LIQUOR AT WHOLESALE, AND SHALL REGISTER AS
 A DISTRIBUTOR OF ALCOHOLIC BEVERAGES WITH THE STATE DEPARTMENT OF  TAXA-
 TION AND FINANCE.
   § 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
 control  law, as amended by chapter 458 of the laws of 1993, are amended
 to read as follows:
   3-a. No licensee or permittee shall purchase or agree to purchase  any
 alcoholic  beverages  from  any  person within the state who is not duly
 licensed to sell such alcoholic beverage as the case may be, at the time
 of such agreement and sale nor give any order for any alcoholic beverage
 to any individual who is not the holder of a solicitor's permit,  except
 as  provided  for  in  section SIXTY-THREE, SEVENTY-NINE, eighty-five or
 ninety-nine-g of this chapter.
   3-b. No retail licensee shall purchase, agree to purchase  or  receive
 any  alcoholic  beverage  except  from a person duly licensed within the
 state by the liquor authority to sell such  alcoholic  beverage  at  the
 time  of  such  agreement  and  sale  to such retail licensee, except as
 provided for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or  nine-
 ty-nine-g of this chapter.
   § 4. This act shall take effect immediately.

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Senate Bill S4343

Sponsored By

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

Actions

Votes

May 9, 2017 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: May 9, 2017

co-Sponsors

2017-S4343 (ACTIVE) - Details

2017-S4343 (ACTIVE) - Summary

2017-S4343 (ACTIVE) - Sponsor Memo

2017-S4343 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

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

Actions

Votes

co-Sponsors

Pamela Helming

Patty Ritchie

2017-S4343 (ACTIVE) - Details

2017-S4343 (ACTIVE) - Summary

2017-S4343 (ACTIVE) - Sponsor Memo

2017-S4343 (ACTIVE) - Bill Text download pdf

Comments