Bill Text: NY S05758 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the manner of posting and changing beer prices to beer wholesalers and retail licensees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S05758 Detail]
Download: New_York-2013-S05758-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5758
2013-2014 Regular Sessions
I N S E N A T E
June 12, 2013
___________
Introduced by Sen. ADDABBO -- 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 the
manner of posting and changing beer prices to wholesalers and retail
licensees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 53-b to read as follows:
3 S 53-B. MANNER OF POSTING AND CHANGING BEER PRICES TO WHOLESALERS AND
4 RETAIL LICENSEES IN CITIES OF ONE MILLION OR MORE.
5 1. IT IS HEREBY DECLARED AS THE POLICY OF THE STATE THAT THE SALE AND
6 DISTRIBUTION OF BEER SHALL BE SUBJECT TO CERTAIN RESTRICTIONS, PROHIBI-
7 TIONS AND REGULATIONS WHICH TEND TO MAINTAIN AN ORDERLY MARKET AND
8 PREVENT DESTRUCTIVE COMPETITION. THE NECESSITY OF THE PROVISIONS OF THIS
9 SECTION IS THEREFORE DECLARED AS A MATTER OF LEGISLATIVE NECESSITY.
10 2. AS USED IN THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOW-
11 ING MEANINGS:
12 A. "BEER WHOLESALER" OR "WHOLESALER" MEANS THE HOLDER OF A WHOLE-
13 SALER'S LICENSE, PURSUANT TO SECTION FIFTY-THREE OF THIS ARTICLE, WHO
14 PURCHASES, OFFERS TO SELL, MARKETS, PROMOTES, WAREHOUSES OR PHYSICALLY
15 DISTRIBUTES BEER SOLD BY A BREWER.
16 B. "BREWER/WHOLESALER" MEANS THE HOLDER OF A WHOLESALER'S LICENSE,
17 PURSUANT TO SECTION FIFTY-THREE OF THIS ARTICLE, WHO PURCHASES, OFFERS
18 TO SELL, MARKETS, PROMOTES, WAREHOUSES, OR PHYSICALLY DISTRIBUTES BEER
19 PREDOMINANTLY BREWED BY THE LICENSEE.
20 C. "CASE", "DRAFT PACKAGE" OR "SPECIAL PACKAGE" MEANS A PACKAGE
21 PRODUCED BY A BREWER AND SOLD TO A BEER WHOLESALER.
22 D. "COD" MEANS CASH, CHECK OR ELECTRONIC PAYMENT AT THE TIME OF DELIV-
23 ERY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05119-01-3
S. 5758 2
1 E. "FORKLIFT" MEANS ANY MECHANICAL SYSTEM ABLE TO UNLOAD PALLETS OFF A
2 DELIVERY VEHICLE.
3 F. "LOADING DOCK" MEANS A PLATFORM WHERE TRUCKS, SEMI-TRUCKS, AND SEA
4 OR RAIL CONTAINERS ARE UNLOADED BY FORKLIFTS.
5 G. "NON-CONTRACTED WHOLESALER" MEANS THE HOLDER OF A WHOLESALER'S
6 LICENSE ISSUED OR RENEWED PRIOR TO JULY FIRST, NINETEEN HUNDRED SIXTY,
7 AND THEREAFTER RENEWED OR TRANSFERRED WHO (1) PURCHASES PRODUCTS FROM A
8 BEER WHOLESALER AND (2) IS NOT SUBJECT TO ANY AGREEMENT WITH A BREWER OR
9 BEER WHOLESALER PURSUANT TO SECTION FIFTY-FIVE-C OF THIS ARTICLE AND (3)
10 IS LOCATED IN A CITY OF ONE MILLION OR MORE.
11 H. "PALLET" MEANS A QUANTITY OF CASES, DRAFT PACKAGES OR SPECIAL PACK-
12 AGES PRODUCED BY A BREWER AND STACKED ON A DEVICE MOVABLE BY A FORKLIFT
13 OR OTHER MECHANICAL METHOD.
14 I. "TRUCKLOAD" MEANS A QUANTITY OF PALLETS CONTAINING CASES, DRAFT
15 PACKAGES OR SPECIAL PACKAGES OF NOT LESS THAN THE MAXIMUM QUANTITY
16 FITTING TYPE OF VEHICLE OR LEGAL WEIGHT LIMIT.
17 3. BEER WHOLESALERS AND BREWER/WHOLESALERS SHALL POST WITH THE AUTHOR-
18 ITY THE PRICE PER CASE, DRAFT PACKAGE OR SPECIAL PACKAGE OF BEER SOLD TO
19 RETAIL LICENSEES EVERY ONE HUNDRED EIGHTY DAYS. THE POSTED PRICE ON SUCH
20 CASE, DRAFT PACKAGE OR SPECIAL PACKAGE TO RETAIL LICENSEES MUST BE A
21 MINIMUM OF:
22 A. TWO AND ONE-HALF PERCENT ABOVE THE POSTED PRICE TO NON-CONTRACTED
23 WHOLESALERS IF PURCHASED BY THE CASE, DRAFT PACKAGE OR SPECIAL PACKAGE;
24 B. FIVE PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL PACK-
25 AGE PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE PALLET;
26 C. SEVEN AND ONE-HALF PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR
27 SPECIAL PACKAGE PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE
28 TRUCKLOAD;
29 D. TEN PERCENT ABOVE THE POSTED CASE, DRAFT PACKAGE OR SPECIAL PACKAGE
30 PRICE TO NON-CONTRACTED WHOLESALERS IF PURCHASED BY THE TRAILERLOAD; AND
31 E. IF A FORKLIFT AND/OR A LOADING DOCK IS USED TO UNLOAD THE PALLETS
32 FROM THE DELIVERY VEHICLE, A MINIMUM OF AN ADDITIONAL TWO AND ONE-HALF
33 PERCENT SHALL BE DEDUCTED FROM THE CASE, DRAFT PACKAGE OR SPECIAL PACK-
34 AGE PRICE. IF THE NON-CONTRACTED WHOLESALER PAYS COD FOR THE PURCHASE A
35 MINIMUM OF TWO AND ONE-HALF PERCENT SHALL BE DEDUCTED FROM THE PRICE PER
36 CASE, DRAFT PACKAGE OR SPECIAL PACKAGE. FURTHERMORE, NOTHING IN THIS
37 SECTION SHALL REQUIRE A NON-CONTRACTED WHOLESALER TO POST PRICING. THE
38 PRICE PER CASE, DRAFT PACKAGE OR SPECIAL PACKAGE OF BEER SOLD TO
39 NON-CONTRACTED WHOLESALERS OR RETAIL LICENSEES ON THE FIRST DAY OF THE
40 MONTH FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE DEEMED
41 THE BASE PRICE, TO OR FROM WHICH PRICE INCREASES OR DECREASES MAY BE
42 MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
43 4. THE AUTHORITY IS AUTHORIZED AND EMPOWERED TO DO SUCH ACTS,
44 PRESCRIBE SUCH FORMS AND ADOPT RULES AND REGULATIONS AS IT MAY DEEM
45 NECESSARY OR PROPER TO CARRY INTO EFFECT THE PURPOSE AND PROVISIONS OF
46 THIS SECTION AND TO PREVENT CIRCUMVENTION OR EVASION THEREOF.
47 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND IN ADDITION TO
48 ITS OTHER POWERS, THE AUTHORITY MAY, IN ITS DISCRETION, ADOPT RULES OR
49 REGULATIONS:
50 A. PARTICULARIZING THE STANDARDS OF PACKAGING WHICH CONSTITUTE A CASE,
51 SPECIAL PACKAGE AND DRAFT PACKAGE OF BEER.
52 B. DEFINING THE GUIDELINES RELATING TO "PRICE" WITHIN THE PURVIEW OF
53 THIS SECTION WHICH GUIDELINES MAY PROVIDE, WITHOUT LIMITATION THERETO,
54 POSTING OF PRICE ON THE AUTHORITY'S WEBSITE.
55 C. REQUIRING LICENSEES TO FILE WITH THE AUTHORITY REPORTS CERTIFYING
56 THEIR PRICES OF BEER, THE DATES OF ANY CHANGES IN THE PRICE OF ANY ITEM
S. 5758 3
1 OF BEER, AND SUCH OTHER MATTERS AS THE AUTHORITY MAY DETERMINE FROM TIME
2 TO TIME TO BE NECESSARY TO DISCLOSE ACCURATELY THE PRICE OF BEER DURING
3 THE PREVIOUS TWELVE MONTHS AND REQUIRING LICENSEES TO KEEP FORMS,
4 RECORDS AND MEMORANDA PRESCRIBED BY THE AUTHORITY.
5 D. REQUIRING BEER WHOLESALERS AND BREWER/WHOLESALERS TO REGISTER WITH
6 THE AUTHORITY EACH CONTRACT AND AGREEMENT, INCLUDING THE NAMES OF BREW-
7 ERS AND IMPORTERS WITH WHICH SUCH WHOLESALER HAS CONTRACTS OR AGREE-
8 MENTS, AND REQUIRING WHOLESALERS TO MAINTAIN FORMS, RECORDS AND MEMORAN-
9 DA PRESCRIBED BY THE AUTHORITY.
10 5. FOR THE PURPOSE OF DEFRAYING THE EXPENSES INCURRED IN THE ADMINIS-
11 TRATION OF THIS SECTION, THERE SHALL BE PAID TO THE AUTHORITY BY EACH
12 PERSON HEREAFTER APPLYING FOR A LICENSE AS A BEER WHOLESALER THE FOLLOW-
13 ING SUMS: BEER WHOLESALER, FIVE THOUSAND DOLLARS; FOR EACH CONTRACT OR
14 AGREEMENT ENTERED INTO BY A BEER WHOLESALER, FIVE THOUSAND DOLLARS; A
15 NON-CONTRACTED WHOLESALER, FIVE THOUSAND DOLLARS; A LIKE SUM SHALL BE
16 PAID BY EACH PERSON HEREAFTER APPLYING FOR THE ISSUANCE OR RENEWAL OF
17 ANY SUCH LICENSE AND/OR FOR EACH CONTRACT OR AGREEMENT, AND SUCH SUM
18 SHALL ACCOMPANY THE APPLICATION AND THE LICENSE FEE PRESCRIBED BY THIS
19 CHAPTER FOR SUCH LICENSE OR RENEWAL THEREOF, AS THE CASE MAY BE. THE
20 SUMS PRESCRIBED BY THIS SUBDIVISION SHALL NOT BE PRORATED FOR ANY
21 PORTION OF THE LICENSE FEE AND SHALL HAVE NO REFUND VALUE.
22 6. FOR ANY VIOLATION OF ANY PROVISION OF THIS SECTION OR OF ANY RULE
23 OR REGULATION DULY PROMULGATED UNDER THIS SECTION THE AUTHORITY MAY
24 REVOKE, CANCEL OR SUSPEND A LICENSE OR RECOVER, AS PROVIDED IN SECTION
25 ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM OF THE BOND FILED BY
26 THE LICENSEE.
27 S 2. This act shall take effect on the sixtieth day after it shall
28 have become a law.
