Bill Text: NY A05367 | 2013-2014 | General Assembly | Introduced

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Bill Title: Regulates the sale of alcoholic beverages and tobacco products via computer by requiring that any order placed therefor shall be shipped to an establishment licensed or registered to sell at retail.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A05367 Detail]

Download: New_York-2013-A05367-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5367
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2013
                                      ___________
       Introduced  by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CROUCH
         -- read once and referred to the Committee on Economic Development
       AN ACT to amend the alcoholic beverage control law and the tax  law,  in
         relation  to  regulating  the  sale of alcoholic beverages and tobacco
         products via computer
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 65 of the alcoholic beverage control law is amended
    2  by adding a new subdivision 8 to read as follows:
    3    8.  NO  PERSON  WHETHER  WITHIN OR WITHOUT THE STATE, SHALL ACCEPT ANY
    4  OFFER TO PURCHASE ANY ALCOHOLIC BEVERAGE AT RETAIL WHICH OFFER  IS  MADE
    5  USING ANY COMPUTER COMMUNICATION SYSTEM OR ELECTRONIC DATA STORAGE MEDI-
    6  UM  ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER OF COMPUTER DATA
    7  OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER UNLESS  THE  ALCOHOLIC
    8  BEVERAGES ARE DELIVERED TO THE PURCHASER AT AN ESTABLISHMENT LICENSED TO
    9  SELL  SUCH ALCOHOLIC BEVERAGES AT RETAIL IN THIS STATE. SUCH SALES SHALL
   10  BE SUBJECT TO ALL THE PROVISIONS OF THIS CHAPTER REGULATING SALES.
   11    S 2. Section 480-a of the tax law is amended by adding a new  subdivi-
   12  sion 2-a to read as follows:
   13    2-A.  NO  PERSON WHETHER WITHIN OR WITHOUT THE STATE, SHALL ACCEPT ANY
   14  OFFER TO PURCHASE ANY TOBACCO PRODUCTS AT RETAIL  WHICH  OFFER  IS  MADE
   15  USING ANY COMPUTER COMMUNICATION SYSTEM OR ELECTRONIC DATA STORAGE MEDI-
   16  UM  ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER OF COMPUTER DATA
   17  OR COMPUTER PROGRAMS FROM ONE COMPUTER TO  ANOTHER  UNLESS  THE  TOBACCO
   18  PRODUCTS  ARE  DELIVERED TO THE PURCHASER AT AN ESTABLISHMENT REGISTERED
   19  TO SELL SUCH TOBACCO PRODUCTS AT RETAIL IN THIS STATE. SUCH SALES  SHALL
   20  BE SUBJECT TO ALL THE PROVISIONS OF THIS CHAPTER REGULATING SALES.
   21    S  3.  This  act shall take effect on the thirtieth day after it shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07860-01-3