Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 02, 2018 |
referred to economic development |
Assembly Bill A9688
2017-2018 Legislative Session
Sponsored By
SCHIMMINGER
Archive: Last Bill Status - In Assembly 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
co-Sponsors
Peter Abbate
Luis R. Sepúlveda
Dan Quart
Edward Braunstein
2017-A9688 (ACTIVE) - Details
2017-A9688 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9688 I N A S S E M B L Y February 2, 2018 ___________ Introduced by M. of A. SCHIMMINGER -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to authorizing retail licenses to purchase beer, wine or liquor with a business credit card THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 101-aa of the alcoholic beverage control law is amended to add new paragraph g to read as follows: G. "BUSINESS CREDIT CARD" MEANS ANY CARD ISSUED PURSUANT TO AN AGREE- MENT THAT ALLOWS THE HOLDER THEREOF TO OBTAIN GOODS AND SERVICES ON THE CREDIT OF THE ISSUER, AND SUCH CARD WAS PROVIDED TO A RETAIL LICENSEE FOR BUSINESS OR COMMERCIAL USE. § 2. Subdivision 2 of section 101-aa of the alcoholic beverage control law, as amended by chapter 242 of the laws of 2012, is amended and a new subdivision 3-a is added to read as follows: 2. No manufacturer or wholesaler licensed under this chapter shall sell or deliver any liquor or wine to any retail licensee except as provided for in this section: (a) for cash to be paid at the time of delivery; [or] (b) on terms requiring payment by such retail licensee for such alco- holic beverages on or before the final payment date of the credit period for which delivery is made; OR (C) BY BUSINESS CREDIT CARD; PROVIDED THAT A MANUFACTURER OR WHOLE- SALER SHALL EXERCISE REASONABLE DILIGENCE TO ENSURE THE SALE COMPORTS WITH THE REQUIREMENTS OF THIS SECTION; AND, UPON EXERCISING SUCH DILI- GENCE, SHALL NOT BE FOUND TO HAVE VIOLATED THIS PARAGRAPH WHERE A RETAIL LICENSEE USES A CREDIT CARD OTHER THAN A BUSINESS CREDIT CARD. 3-A. WHERE A RETAIL LICENSEE USES A BUSINESS CREDIT CARD PURSUANT TO THIS SECTION, SUCH RETAIL LICENSEE SHALL REIMBURSE THE WHOLESALER OR MANUFACTURER FOR CREDIT CARD SURCHARGES AND FEES INCURRED AS A RESULT OF THE TRANSACTION. THIS RATE SHALL BE DETERMINED ON AN ANNUAL BASIS BY THE AUTHORITY BASED ON AN ASSESSMENT OF SURCHARGES AND FEES IMPOSED BY CRED- IT CARD ISSUERS, AND REIMBURSED IN A MANNER ESTABLISHED BY REGULATIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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