S T A T E O F N E W Y O R K
________________________________________________________________________
4926
2023-2024 Regular Sessions
I N S E N A T E
February 17, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
membership warehouse stores
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 20-a of section 3 of the alcoholic beverage
control law is renumbered subdivision 20-h and a new subdivision 20-a is
added to read as follows:
20-A. "MEMBERSHIP WAREHOUSE RETAILER" MEANS AND INCLUDES ANY STORE
PRIMARILY ENGAGED IN THE RETAIL SALE OF A GENERAL LINE OF GROCERIES,
WHICH MAY INCLUDE APPAREL, FURNITURE AND APPLIANCES WHICH LIMITS ACCESS
TO MEMBERS OF THE CLUB INCLUDING BUSINESSES AND INDIVIDUALS WHO ARE
SUBJECT TO PAY A FEE OR PREMIUM TO SHOP IN THE CLUB.
§ 2. Section 100 of the alcoholic beverage control law is amended by
adding a new subdivision 2-c to read as follows:
2-C. (A) NO MEMBERSHIP WAREHOUSE RETAILER SHALL SELL, OR KNOWINGLY
AGREE TO SELL, OR SELL BY OMISSION, ANY ALCOHOLIC BEVERAGE TO A RETAILER
WHO PRESENTS A CORPORATE OR BUSINESS, DEBIT, CREDIT, OR MEMBERSHIP CARD
BEARING THE NAME OF A RETAILER AT THE POINT OF SALE. THE FIRST VIOLATION
OF THIS SUBDIVISION SHALL RESULT IN A WRITTEN NOTICE OF VIOLATION AND
WARNING FROM THE LIQUOR AUTHORITY. A SECOND VIOLATION OF THIS SUBDIVI-
SION SHALL RESULT IN A SUSPENSION AND IMPOSITION OF A CIVIL PENALTY
PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF THIS ARTICLE. A THIRD
VIOLATION OF THIS SUBDIVISION SHALL RESULT IN A REVOCATION, OR CANCELLA-
TION OF A LICENSE TO SELL ALCOHOLIC BEVERAGES PURSUANT TO SECTION ONE
HUNDRED EIGHTEEN OF THIS ARTICLE.
(B) THE ACCEPTANCE BY A MEMBERSHIP WAREHOUSE RETAILER OF A CORPORATE
OR BUSINESS, DEBIT, CREDIT, OR MEMBERSHIP CARD THAT HAS SUFFICIENT INDI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06402-01-3
S. 4926 2
CIA OF AN ASSOCIATION WITH A RETAILER IS A WILLFUL INTENT TO VIOLATE THE
LAW WITHIN THIS SUBDIVISION.
§ 3. This act shall take effect immediately.