assembly Bill A6701

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

Current Bill Status Via S4241 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.703
substituted for a6701a
Jun 20, 2019 substituted by s4241a
rules report cal.703
reported
reported referred to rules
reference changed to ways and means
Jun 12, 2019 print number 6701a
Jun 12, 2019 amend (t) and recommit to economic development
Mar 15, 2019 referred to economic development

Votes

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Apr 9, 2019 - Investigations and Government Operations committee Vote

S4241
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 9, 2019

aye wr (2)

Co-Sponsors

view additional co-sponsors

A6701 - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101-aa & 101-aaa, ABC L
Versions Introduced in 2017-2018 Legislative Session:
A9688

A6701 - Summary

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

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

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A6701A (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101-aa & 101-aaa, ABC L
Versions Introduced in 2017-2018 Legislative Session:
A9688

A6701A (ACTIVE) - Summary

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

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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