NY State Senate Bill 2019-S4661

Senate Bill S4661

Signed By Governor

2019-2020 Legislative Session

Requires certain licenses to brew or sell beer to include the certificate of authority number

download bill text pdf

Archive: Last Bill Status - 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2020	approval memo.64 signed chap.367
Dec 11, 2020	delivered to governor
Jul 20, 2020	returned to senate passed assembly ordered to third reading rules cal.168 substituted for a6989
Feb 10, 2020	referred to economic development delivered to assembly passed senate
Jan 21, 2020	advanced to third reading
Jan 15, 2020	2nd report cal.
Jan 14, 2020	1st report cal.156
Jan 08, 2020	referred to commerce, economic development and small business returned to senate died in assembly
Jun 17, 2019	referred to economic development delivered to assembly passed senate
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.591
Mar 20, 2019	referred to commerce, economic development and small business

Votes

- Feb 10, 2020 - Floor Vote
  S4661
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 10, 2020
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Comrie
  Jun 17, 2019 - Floor Vote
  S4661
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jan 14, 2020 - Commerce, Economic Development And Small Business Committee Vote
  S4661
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Jan 14, 2020
      
      aye (9)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Helming
      
      Kaplan
      
      Persaud
      
      Sanders Jr.
  May 7, 2019 - Commerce, Economic Development And Small Business Committee Vote
  S4661
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 7, 2019
      
      aye (7)
      
      Bailey
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Kaplan
      
      Persaud
      
      Sanders Jr.
      
      aye wr (2)
      
      Akshar
      
      Helming

2019-S4661 (ACTIVE) - Details

See Assembly Version of this Bill:: A6989
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§51, 53, 53-a, 54, 54-a & 55, ABC L

2019-S4661 (ACTIVE) - Summary

Requires certain licenses to brew or sell beer to include the certificate of authority number.

2019-S4661 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4661

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to requiring certain licenses to brew or sell beer to include
the certificate of authority number

 
PURPOSE:

Amends the Alcoholic Beverage Control Law to require certain licenses to
brew or sell beer to include the certificate of authority number

 
SUMMARY OF PROVISIONS:

Section 1 requires the certification of authority number to appear on
the brewer's license. Section 2 requires the certification of authority
number to appear on the wholesaler's license. Section 3 requires the
certification of authority number to appear on the vendor's license.

Section 4 requires the certification of authority number to appear on
the license to sell beer at retail for consumption off the premises.

Section 5 requires the certification of authority number to appear on
the license to sell beer and wine products at retail for consumption off
premises.

Section 6 requires the certification of authority number to appear on
the license to sell beer at retail for consumption on the premises.

Section 7 is the effective date of immediately.

 
JUSTIFICATION:

Under current law, beer wholesalers must report to the NYS Department of
Taxation and Finance the NY State Liquor license number as well as the
Certificate of Authority (CoA) of the corporation that owns the retail
outlet. However, the CoA's identification number is not currently listed
on the liquor license, and finding the correct identification is often a
difficult task. This task is made even more difficult by the fact that
small retailers (grocery stores and small restaurants) often change
hands frequently and, as a result, the liquor license number in these
cases will not match the new CoA Number.

These kinds of discrepancies often lead to faulty reporting by beer
wholesalers and consequently leads to wholesalers having their reports
rejected by the NY State Department of Taxation and Finance.  In addi-
tion, the rejected report can potentially subject the wholesalers to
fines and penalties.

This bill requires the CoA number to be included on the liquor license.
This new licensure requirement will assist in accurate reporting and
efficient tax collection for the state and also help wholesalers prevent
illegal sales by unlicensed retailers using outdated or fraudulent CoA
numbers to purchase beer; an activity that aids the State in protecting
the integrity of the beer wholesaling and retailing process.

 
LEGISLATIVE HISTORY:

New bill
 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S4661 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4661
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   requiring certain licenses to brew or sell beer to include the certif-
   icate of authority number

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  51 of the alcoholic beverage
 control law, as amended by chapter 361 of the laws of 1994,  is  amended
 to read as follows:
   1.  Any person may apply to the liquor authority for a license to brew
 beer within this state for sale. Such application shall  be  in  writing
 and  verified and shall contain such information as the liquor authority
 shall require. Such application shall be accompanied by a check or draft
 for the amount required by this article for such license. If the  liquor
 authority  shall grant the application, it shall issue a license in such
 form as shall be determined by its rules. Such license shall  contain  a
 description  of the licensed premises and in form and in substance shall
 be a license to the person therein specifically designated to brew  beer
 in the premises therein specifically licensed. SUCH A LICENSE SHALL ALSO
 CONTAIN THE CERTIFICATE OF AUTHORITY NUMBER.
   §  2.  Section 53 of the alcoholic beverage control law, as amended by
 chapter 361 of the laws of 1994, is amended to read as follows:
   § 53. Wholesaler's license.   Any  person  may  apply  to  the  liquor
 authority  for  a  license  to  sell beer at wholesale. Such application
 shall be in writing and verified and shall contain such  information  as
 the  liquor authority shall require.  Such application shall be accompa-
 nied by a check or draft for the amount required  by  this  article  for
 such  license.  If  the  liquor authority shall grant the application it
 shall issue a license in such form as shall be determined by its  rules.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10724-01-9

 S. 4661                             2
 
 Such  a license shall contain a description of the licensed premises and
 in form and in substance shall  be  a  license  to  the  person  therein
 specifically designated to sell beer at wholesale in the premises there-
 in  specifically  licensed  to  duly licensed wholesalers, retailers and
 permittees in this state, and to sell or deliver beer to persons outside
 the state pursuant to the laws of the place of such  sale  or  delivery.
 SUCH A LICENSE SHALL ALSO CONTAIN THE CERTIFICATE OF AUTHORITY NUMBER. A
 wholesaler's  license  issued  or  renewed prior to July first, nineteen
 hundred sixty, and thereafter renewed or  transferred,  shall  authorize
 the holder thereof to sell beer at retail to a person for consumption in
 his home; provided, however, that regardless of the date issued, renewed
 or  transferred,  a  wholesaler's  license  issued to a brewer or to the
 wholly-owned subsidiary of a brewer, shall authorize the holder  thereof
 to sell beer at retail to a person for consumption in his home.
   § 3. Section 53-a of the alcoholic beverage control law, as amended by
 chapter 361 of the laws of 1994, is amended to read as follows:
   § 53-a. Vendor's  license.    In  cities  having  a  population of one
 million or more, any individual person may apply for a license  to  sell
 beer  as  a  vendor. Such application shall be in writing, and verified,
 and shall  contain  such  information  as  the  liquor  authority  shall
 require.  Such  application shall be accompanied by a check or draft for
 the amount required by this article for  such  license.  If  the  liquor
 authority  shall  grant the application it shall issue a license in such
 form as shall be determined by its rules. Such a license shall contain a
 description of the licensed premises and in form and in substance  shall
 be  a license to the person therein specifically designated to sell beer
 as a vendor in cities having a population of one million or  more  only,
 from  the  premises  therein specifically licensed. SUCH A LICENSE SHALL
 ALSO CONTAIN THE CERTIFICATE OF AUTHORITY  NUMBER.  A  vendor's  license
 shall  authorize  the holder thereof to sell beer at retail to be deliv-
 ered by such vendor to a person for consumption in his  home  and  shall
 authorize  the holder thereof to operate one vehicle for the delivery of
 beer, but shall not authorize the sale to any  person  or  licensee  for
 resale.
   § 4. Subdivision 5 of section 54 of the alcoholic beverage control law
 is amended to read as follows:
   5.  Such  license shall contain a description of the licensed premises
 and in form and in substance shall be a license to  the  person  specif-
 ically designated therein to sell beer at retail in the premises specif-
 ically  licensed,  not to be consumed upon said premises. SUCH A LICENSE
 SHALL ALSO CONTAIN THE CERTIFICATE OF AUTHORITY NUMBER.
   § 5. Subdivision 3 of section 54-a of the alcoholic  beverage  control
 law,  as added by chapter 235 of the laws of 1987, is amended to read as
 follows:
   3. Such license shall contain a description of the  licensed  premises
 and  in  form  and in substance shall be a license to the person specif-
 ically designated therein to sell beer and wine products  at  retail  in
 the  premises  specifically licensed, not to be consumed upon said prem-
 ises. SUCH A LICENSE SHALL ALSO CONTAIN  THE  CERTIFICATE  OF  AUTHORITY
 NUMBER.
   § 6. Subdivision 2 of section 55 of the alcoholic beverage control law
 is amended to read as follows:
   2. Such a license shall contain a description of the licensed premises
 and  in  form  and in substance shall be a license to the person therein
 specifically designated to sell beer in  the  premises  therein  specif-
 ically  licensed,  at  retail,  to be consumed upon such premises.  Such

 S. 4661                             3
 
 license shall also include the privilege of selling beer at retail to be
 consumed off the premises. SUCH A LICENSE SHALL ALSO CONTAIN THE CERTIF-
 ICATE OF AUTHORITY NUMBER.
   § 7. This act shall take effect immediately.

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