Assembly Bill A6701A

Signed By Governor
2019-2020 Legislative Session

Authorizes retail licensees to purchase beer, wine or liquor by means of a business payment card

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Sponsored By

Archive: Last Bill Status Via S4241 - Signed by Governor


  • 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
Votes

Bill Amendments

co-Sponsors

2019-A6701 - Details

See Senate Version of this Bill:
S4241
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101-aa, 101-aaa & 55-b, ABC L
Versions Introduced in 2017-2018 Legislative Session:
A9688, S7591

2019-A6701 - Summary

Authorizes retail licensees to purchase beer, wine and liquor by means of a business payment card.

2019-A6701 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6701
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by  M. of A. SCHIMMINGER, ABBATE, QUART, BRAUNSTEIN, HEVESI,
   HYNDMAN, B. MILLER, MONTESANO, RAIA -- 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 by adding 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-A6701A (ACTIVE) - Details

See Senate Version of this Bill:
S4241
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101-aa, 101-aaa & 55-b, ABC L
Versions Introduced in 2017-2018 Legislative Session:
A9688, S7591

2019-A6701A (ACTIVE) - Summary

Authorizes retail licensees to purchase beer, wine and liquor by means of a business payment card.

2019-A6701A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6701--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by  M. of A. SCHIMMINGER, ABBATE, QUART, BRAUNSTEIN, HEVESI,
   HYNDMAN, B. MILLER, MONTESANO, RAIA, ZEBROWSKI, PHEFFER AMATO,  AUBRY,
   PERRY,  MORINELLO, BRABENEC, NORRIS, JEAN-PIERRE, SOLAGES -- read once
   and referred to the Committee on  Economic  Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   authorizing retail licenses to purchase beer, wine or  liquor  with  a
   business payment 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 by adding three new paragraphs g, h and i to read
 as follows:
   G.  "BUSINESS  PAYMENT  CARD"  MEANS  A CREDIT CARD ISSUED TO A RETAIL
 LICENSEE FOR BUSINESS OR COMMERCIAL USE PURSUANT TO  AN  AGREEMENT  THAT
 ALLOWS  THE HOLDER THEREOF TO OBTAIN GOODS AND SERVICES ON THE CREDIT OF
 THE ISSUER, OR A DEBIT CARD THAT PROVIDES ACCESS TO THE BANK ACCOUNT  OF
 A RETAIL LICENSEE. SUCH CARD MUST BE ISSUED IN THE SAME NAME AS A RETAIL
 LICENSEE AND REGISTERED TO THE SAME ADDRESS AS THE ADDRESS ON THE RETAIL
 LICENSE, OR AS OTHERWISE PERMITTED BY THE AUTHORITY IN REGULATION.
   H.  "FINAL CASH INVOICE AMOUNT" MEANS THE AMOUNT CHARGED BY A MANUFAC-
 TURER OR WHOLESALER TO A RETAIL LICENSEE PURSUANT TO PARAGRAPHS (A)  AND
 (B) OF SUBDIVISION TWO OF THIS SECTION.
   I.  "FINAL  BUSINESS  PAYMENT  CARD  INVOICE  AMOUNT" MEANS THE AMOUNT
 CHARGED BY A MANUFACTURER OR WHOLESALER TO A RETAIL LICENSEE PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION; AND  SHALL  EQUAL  THE
 FINAL  CASH  INVOICE  AMOUNT  PLUS  REMUNERATION FOR SURCHARGES AND FEES
 INCURRED BY A MANUFACTURER OR WHOLESALER AS A RESULT OF  SUCH  A  TRANS-
 ACTION,  WHICH SHALL BE CALCULATED BY MULTIPLYING THE FINAL CASH INVOICE
 AMOUNT BY A RATE DETERMINED ANNUALLY BY THE AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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