Assembly Bill A10401

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10401
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. D. Rosen-
   thal) -- read once and referred to the Committee on Economic  Develop-
   ment
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   authorizing retail licensees  to  purchase  alcohol  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:  (1) ANY 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 CRED-
 IT  OF THE ISSUER OR A DEBIT CARD THAT PROVIDES ACCESS TO A BANK ACCOUNT
 OF A RETAIL LICENSEE; (2) A CREDIT OR DEBIT CARD FROM AN ISSUER ACCEPTED
 BY THE MANUFACTURER OR WHOLESALER AS PERMITTED BY THE AUTHORITY IN REGU-
 LATION; AND (3) SUCH CREDIT CARD SHALL NOT  INCLUDE  CARDS  IN  WHICH  A
 MANUFACTURER  OR  WHOLESALER  HAS A FINANCIAL INTEREST OR CARDS BY WHICH
 THEIR USE BENEFITS A MANUFACTURER OR WHOLESALER.    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 THE EXACT SURCHARGES AND FEES THAT ARE
 CHARGED TO THE MANUFACTURER OR WHOLESALER BY THE BUSINESS  PAYMENT  CARD
 ISSUER, OR A PERSON OR ENTITY ASSOCIATED WITH THE ISSUER.
   § 2. Paragraph (b) of subdivision 2 of section 101-aa of the alcoholic
 beverage control law, as amended by section 5 of subpart W of part XX of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15371-01-2
 A. 10401                            2
 
 chapter  55  of  the laws of 2020, is amended and a new paragraph (c) is
 added to read as follows:
   (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 PAYMENT CARD; PROVIDED THAT A MANUFACTURER  OR  WHOLE-
 SALER  THAT  EXERCISES  REASONABLE DILIGENCE TO ENSURE THE SALE COMPORTS
 WITH THE REQUIREMENTS OF  THIS  SECTION  SHALL  NOT  BE  FOUND  TO  HAVE
 VIOLATED  THIS  SUBDIVISION  WHERE  A RETAIL LICENSEE USES A CREDIT CARD
 OTHER THAN A BUSINESS PAYMENT CARD.
   § 3. Section 101-aa of the alcoholic beverage control law  is  amended
 by adding two new subdivisions 2-a and 2-b to read as follows:
   2-A.  A MANUFACTURER OR WHOLESALER THAT ACCEPTS BUSINESS PAYMENT CARDS
 SHALL CLEARLY STATE THE FINAL CASH INVOICE AMOUNT AND THE FINAL BUSINESS
 PAYMENT CARD INVOICE AMOUNT ON AN INVOICE PROVIDED TO A RETAIL LICENSEE.
 NOTHING IN THIS SECTION SHALL PRECLUDE,  OR  PERMIT  A  MANUFACTURER  OR
 WHOLESALER  TO  PREVENT, A RETAIL LICENSEE THAT RECEIVES SUCH AN INVOICE
 FROM ELECTING TO USE ANY OTHER FORM OF PAYMENT METHOD PERMITTED PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION FOLLOWING RECEIPT OF SUCH INVOICE.
   2-B. NOTHING HEREIN  CONTAINED  SHALL  BE  CONSTRUED  TO  REQUIRE  ANY
 MANUFACTURER  OR WHOLESALER TO ACCEPT BUSINESS PAYMENT CARDS AS A METHOD
 OF PAYMENT BY ANY RETAIL LICENSEE, PROVIDED THAT IF SUCH PAYMENT  METHOD
 IS  MADE  AVAILABLE  IT  SHALL BE AVAILABLE ON EQUAL TERMS TO ALL RETAIL
 LICENSEES.
   § 4. This act shall take effect immediately.