NY State Assembly Bill 2019-A7258A

Assembly Bill A7258A

2019-2020 Legislative Session

Relates to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to economic development
Jul 08, 2019	print number 7258a
Jul 08, 2019	amend and recommit to economic development
Apr 18, 2019	referred to economic development

Bill Amendments

Original

A (Active)

2019-A7258 - Details

Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§101, 105 & 106, ABC L

2019-A7258 - Summary

Modifies licensing restrictions for manufacturers and wholesalers of alcoholic beverages on licensees who sell at retail for on premises consumption, and restrictions on retail licensees interested directly or indirectly in licensed manufacturers or wholesalers of alcoholic beverages.

2019-A7258 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7258
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   licensing  restrictions for manufacturers and wholesalers of alcoholic
   beverages and retail licensees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of paragraph (a) of subdivision 1 of
 section 101 of the alcoholic beverage control law, as amended by chapter
 318 of the laws of 2016, is amended to read as follows:
   Be interested directly or indirectly in any  premises  LICENSED  UNDER
 THIS  CHAPTER  where any alcoholic beverage is sold at retail; or in any
 business LICENSED UNDER THIS CHAPTER devoted wholly or partially to  the
 sale  of any alcoholic beverage at retail by stock ownership, interlock-
 ing directors, mortgage or lien or any personal or real property, or  by
 any other means. The provisions of this paragraph shall not apply to
   §  2.  The  opening  paragraph  of  paragraph (a) of subdivision 13 of
 section 106 of the alcoholic beverage control law, as amended by chapter
 453 of the laws of 2018, is amended to read as follows:
   No retail licensee for on-premises consumption  shall  be  interested,
 directly  or  indirectly,  in  any  premises LICENSED UNDER THIS CHAPTER
 where liquors, wines or beer are manufactured or sold at  wholesale,  by
 stock  ownership,  interlocking  directors,  mortgage  or  lien  on  any
 personal or real property or by any other means,  except  that  liquors,
 wines  or  beer  may  be  manufactured  or  sold wholesale by the person
 licensed as a manufacturer or wholesaler thereof:
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11152-01-9

2019-A7258A (ACTIVE) - Details

Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§101, 105 & 106, ABC L

2019-A7258A (ACTIVE) - Summary

2019-A7258A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7258--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee  on  Economic  Development  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   licensing  restrictions for manufacturers and wholesalers of alcoholic
   beverages and retail licensees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of paragraph (a) of subdivision 1 of
 section 101 of the alcoholic beverage control law, as amended by chapter
 318 of the laws of 2016, is amended to read as follows:
   Be interested directly or indirectly in any  premises  LICENSED  UNDER
 THIS  CHAPTER  where any alcoholic beverage is sold at retail; or in any
 business LICENSED UNDER THIS CHAPTER devoted wholly or partially to  the
 sale  of any alcoholic beverage at retail by stock ownership, interlock-
 ing directors, mortgage or lien or any personal or real property, or  by
 any other means. The provisions of this paragraph shall not apply to
   §  2.  Subdivision 16 of section 105 of the alcoholic beverage control
 law, as amended by chapter 621 of the laws of 1944, is amended  to  read
 as follows:
   16.  No  retail licensee to sell liquors and/or wines for off-premises
 consumption LICENSED UNDER THIS CHAPTER shall be interested, directly or
 indirectly, in any premises LICENSED UNDER THIS CHAPTER  where  liquors,
 wines  or  beer  are manufactured OR FOR WHICH A MANUFACTURER HAS DESIG-
 NATED AN EXCLUSIVE AGENT or sold at  wholesale  or  any  other  premises
 where  liquor or wine is sold at retail for off-premises consumption, by
 stock  ownership,  interlocking  directors,  mortgage  or  lien  on  any
 personal  or real property or by any other means.  Any lien, mortgage or
 other interest or estate, however, now held by such retailer  on  or  in
 the  personal or real property of such manufacturer or wholesaler, which
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11152-02-9

 A. 7258--A                          2
 
 mortgage, lien, interest or estate was acquired on  or  before  December
 thirty-first,  nineteen hundred thirty-two, shall not be included within
 the provisions of this subdivision; provided,  however,  the  burden  of
 establishing  the  time  of  the accrual of the interest comprehended by
 this subdivision, shall be upon the person who claims to be entitled  to
 the protection and exemption afforded hereby.
   §  3.  The  opening  paragraph  of  paragraph (a) of subdivision 13 of
 section 106 of the alcoholic beverage control law, as amended by chapter
 453 of the laws of 2018, is amended to read as follows:
   No retail licensee for on-premises consumption  shall  be  interested,
 directly  or  indirectly,  in  any  premises LICENSED UNDER THIS CHAPTER
 where liquors, wines or beer are manufactured, OR FOR WHICH  A  MANUFAC-
 TURER  HAS DESIGNATED AN EXCLUSIVE AGENT, or sold at wholesale, by stock
 ownership, interlocking directors, mortgage or lien on any  personal  or
 real  property or by any other means, except that liquors, wines or beer
 may be manufactured or sold  wholesale  by  the  person  licensed  as  a
 manufacturer or wholesaler thereof:
   § 4. This act shall take effect immediately.

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