Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 29, 2011 |
referred to commerce, economic development and small business delivered to senate passed assembly |
Mar 17, 2011 |
advanced to third reading cal.128 |
Mar 15, 2011 |
reported |
Feb 08, 2011 |
reported referred to codes |
Jan 05, 2011 |
referred to economic development |
Assembly Bill A789
2011-2012 Legislative Session
Sponsored By
DESTITO
Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Joseph Morelle
William Magee
Ellen C. Jaffee
George Latimer
multi-Sponsors
Sandy Galef
Peter Lopez
2011-A789 (ACTIVE) - Details
- See Senate Version of this Bill:
- S1315
- Current Committee:
- Senate Commerce, Economic Development And Small Business
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd ยง55-c, ABC L
- Versions Introduced in 2009-2010 Legislative Session:
-
A488, S5614
2011-A789 (ACTIVE) - Summary
Permits brewers with a certain annual volume and with a certain percentage of sales to terminate an agreement with a beer wholesaler without having good cause; requires payment of fair market value of the applicable distribution rights lost; allows for the arbitration panel to review the fair market value; sets forth definitions.
2011-A789 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 789 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. DESTITO, MORELLE, MAGEE, JAFFEE, LATIMER, BUTLER -- Multi-Sponsored by -- M. of A. GALEF, P. LOPEZ -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the alcoholic beverage control law, in relation to agreements between small brewers and beer wholesalers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 55-c of the alcoholic beverage control law is amended by adding a new paragraph (c) to read as follows: (C) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY: (I) ANY BREWER WITH AN ANNUAL VOLUME AS DEFINED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH OF LESS THAN THREE HUNDRED THOUSAND BARRELS OF BEER AND WHOSE SALES TO AN AFFECTED BEER WHOLESALER ARE THREE PERCENT OR LESS OF THE BEER WHOLESALER'S TOTAL ANNUAL BRAND SALES MEASURED IN CASE EQUIVALENT SALES OF TWENTY-FOUR--TWELVE OUNCE UNITS MAY TERMINATE AN AGREEMENT WITH ANY BEER WHOLESALER WITHOUT HAVING GOOD CAUSE FOR SUCH TERMINATION, AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION, AND SHALL NOT BE SUBJECT TO LIABILITY TO THE BEER WHOLESALER UNDER PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION PROVIDED THAT, PRIOR TO THE EFFECTIVE DATE OF THE TERMINATION, THE BREWER PAYS THE BEER WHOLESALER THE FAIR MARKET VALUE OF THE DISTRIBUTION RIGHTS WHICH WILL BE LOST OR DIMINISHED BY REASON OF THE TERMINATION. IF SUCH BREWER AND BEER WHOLESALER CANNOT MUTUALLY AGREE TO THE FAIR MARKET VALUE OF THE APPLICABLE DISTRIBUTION RIGHTS LOST OR DIMINISHED BY REASON OF THE TERMINATION, THEN THE BREWER SHALL PAY THE BEER WHOLESALER A GOOD FAITH ESTIMATE OF THE FAIR MARKET VALUE OF THE APPLICABLE DISTRIBUTION RIGHTS. (II) IF THE BEER WHOLESALER BEING TERMINATED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH DISPUTES THAT THE PAYMENT MADE BY THE BREWER WAS LESS THAN THE FAIR MARKET VALUE OF THE DISTRIBUTION RIGHTS, THEN THE BEER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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