Bill Text: NY A07680 | 2021-2022 | General Assembly | Introduced
Bill Title: Allows the department of corrections and community supervision to contact a victim of a crime electronically.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-07-01 - signed chap.210 [A07680 Detail]
Download: New_York-2021-A07680-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7680 2021-2022 Regular Sessions IN ASSEMBLY May 19, 2021 ___________ Introduced by M. of A. DINOWITZ -- (at request of the State Liquor Authority) -- read once and referred to the Committee on Codes AN ACT to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 101 of the alcoholic beverage 2 control law is amended by adding three new paragraphs (a-1), (a-2) and 3 (c-1) to read as follows: 4 (a-1) Notwithstanding the provisions of paragraph (a) of this subdivi- 5 sion, it shall be lawful for a manufacturer or wholesaler to hold, 6 directly or indirectly, an interest in a premises licensed under this 7 chapter where alcoholic beverages are sold at retail, provided that: 8 (i) the manufacturer or wholesaler does not, directly or indirectly, 9 exercise control over or participate in the management of the retailer's 10 business or business decisions; 11 (ii) the interest does not result in the retailer purchasing alcoholic 12 beverages from the manufacturer or wholesaler to the exclusion, in whole 13 or in part, of alcoholic beverages offered for sale by other persons; 14 (iii) the products and services of the manufacturer or wholesaler are 15 not offered discriminatorily in that they are offered to all retailers 16 in the local market on the same terms; and 17 (iv) the retailer purchases alcoholic beverages from a wholesaler 18 licensed under this chapter without an interest in the retailer. 19 (a-2) The provisions of paragraphs (a) and (a-1) of this subdivision 20 shall not apply to a manufacturer or wholesaler with complete ownership 21 of a premises where alcoholic beverages are sold at retail. 22 (c-1) The direct or indirect operation and management of a retail 23 premises licensed under this chapter by a manufacturer or wholesaler 24 with complete ownership of the premises shall not constitute a prohibit- 25 ed gift or service. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09672-01-1A. 7680 2 1 § 2. Subdivision 16 of section 105 of the alcoholic beverage control 2 law, as amended by chapter 621 of the laws of 1944, is amended to read 3 as follows: 4 16. (a) No retail licensee to sell liquors and/or wines for off-prem- 5 ises consumption shall be interested, directly or indirectly, in any 6 premises where liquors, wines or beer are manufactured or sold at whole- 7 sale or any other premises where liquor or wine is sold at retail for 8 off-premises consumption, by stock ownership, interlocking directors, 9 mortgage or lien on any personal or real property or by any other means. 10 Any lien, mortgage or other interest or estate, however, now held by 11 such retailer on or in the personal or real property of such manufactur- 12 er or wholesaler, which mortgage, lien, interest or estate was acquired 13 on or before December thirty-first, nineteen hundred thirty-two, shall 14 not be included within the provisions of this subdivision; provided, 15 however, the burden of establishing the time of the accrual of the 16 interest comprehended by this subdivision, shall be upon the person who 17 claims to be entitled to the protection and exemption afforded hereby. 18 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 19 sion, it shall be lawful for a retail licensee for off-premises consump- 20 tion to hold, directly or indirectly, an interest in a manufacturer or 21 wholesaler, provided that: 22 (i) the retail licensee does not exercise, direct or indirect, control 23 over or participate in the management of the manufacturer or whole- 24 saler's business or business decisions; 25 (ii) the interest does not result in the retailer purchasing the 26 manufacturer or wholesaler's alcoholic beverages to the exclusion, in 27 whole or in part, of alcoholic beverages offered for sale by other 28 persons; and 29 (iii) the retail licensee purchases its alcoholic beverages from a 30 wholesaler licensed under this chapter that the retail licensee does not 31 hold an interest in. 32 (c) The provisions of paragraphs (a) and (b) of this subdivision shall 33 not apply to a retail licensee for off-premises consumption with 34 complete ownership of a manufacturer or wholesaler. 35 § 3. Section 106 of the alcoholic beverage control law is amended by 36 adding two new subdivisions 13-a and 13-b to read as follows: 37 13-a. Notwithstanding the provisions of subdivision thirteen of this 38 section, it shall be lawful for a retail licensee for on-premises 39 consumption to hold, directly or indirectly, an interest in a manufac- 40 turer or wholesaler licensed under this chapter, provided that: 41 (a) the retail licensee does not exercise, direct or indirect, control 42 over or participate in the management of the manufacturer or whole- 43 saler's business or business decisions; 44 (b) the interest does not result in the retailer purchasing the 45 manufacturer or wholesaler's alcoholic beverages to the exclusion, in 46 whole or in part, of alcoholic beverages offered for sale by other 47 persons; and 48 (c) the retail licensee purchases its alcoholic beverages from a 49 wholesaler licensed under this chapter that the retail licensee does not 50 hold an interest in. 51 13-b. The provisions of paragraph (a) of subdivision thirteen and 52 subdivision thirteen-a of this section shall not apply to a retail 53 licensee for on-premises consumption with complete ownership of a 54 manufacturer or wholesaler. 55 § 4. This act shall take effect immediately.
