senate Bill S4241

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 - 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
referred to economic development
delivered to assembly
passed senate
Jun 12, 2019 amended on third reading (t) 4241a
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.411
Mar 05, 2019 referred to investigations and government operations

Votes

view votes

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 Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Apr 9, 2019

aye wr (2)

Co-Sponsors

S4241 - Details

See Assembly Version of this Bill:
A6701
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101-aa & 101-aaa, ABC L
Versions Introduced in 2017-2018 Legislative Session:
S7591, A9688

S4241 - Summary

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

S4241 - Sponsor Memo

S4241 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4241

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 5, 2019
                               ___________

Introduced  by  Sens. KAMINSKY, LANZA -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

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

S4241A (ACTIVE) - Details

See Assembly Version of this Bill:
A6701
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§101-aa & 101-aaa, ABC L
Versions Introduced in 2017-2018 Legislative Session:
S7591, A9688

S4241A (ACTIVE) - Summary

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

S4241A (ACTIVE) - Sponsor Memo

S4241A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4241--A
    Cal. No. 411

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 5, 2019
                               ___________

Introduced  by  Sens.  KAMINSKY, LANZA, ADDABBO, GOUNARDES -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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

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