S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2117

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. PAULIN, JAFFEE, LAVINE, ROBERTS, SCARBOROUGH,
  WEPRIN, ZEBROWSKI, GABRYSZAK, HOOPER -- Multi-Sponsored by -- M. of A.
  BOYLAND, COOK, MAGEE, THIELE, TITONE,  WEISENBERG  --  read  once  and
  referred to the Committee on Insurance

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  providing alcoholic beverages on credit

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 5, 6   and 7 of section 100 of the alcoholic
beverage control law, subdivision 5 as amended by  chapter  797  of  the
laws  of 1986, subdivision 6 as added by chapter 526 of the laws of 1939
and subdivision 7 as added by chapter 256  of  the  laws  of  1978,  are
amended to read as follows:
  5. [No retail licensee for off-premises consumption shall sell, deliv-
er  or  give  away, or cause, permit or procure to be sold, delivered or
given away any alcoholic beverage, other than  as  provided  herein,  on
credit:  a retail licensee for off-premises consumption, except a winery
licensee, may accept third party credit cards for the sale of any  alco-
holic  beverage  for  which it is licensed; a winery licensee having the
right to sell wine at retail for  off-premises  consumption  may  accept
third  party  credit  cards for the sale of said beverages at the winery
premises only; and any person duly authorized to sell wine at retail for
consumption off the premises may sell on credit to any regularly  organ-
ized  church,  synagogue or religious organization, wines to be used for
sacramental purposes only. For purposes of this  subdivision,  beer  and
wine products that are delivered and left at the residence of a consumer
without  payment  of the balance due thereon shall not constitute a sale
on credit.
  6.] No licensee shall sell or  purchase  any  receipts,  certificates,
contracts  or other documents issued for the storage of alcoholic bever-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05060-01-3

A. 2117                             2

ages except as provided by the rules of the liquor authority. The liquor
authority shall prescribe such rules for the purchase and sale  of  such
receipts,  certificates,  contracts  or  other  documents issued for the
storage  of  alcoholic beverages which, in its opinion, will best accom-
plish
  (1) Elimination of fraudulent and deceptive transactions;
  (2) Protection of purchasers against defaults by sellers;
  (3) The delivery  of  the  alcoholic  beverages  represented  by  such
receipts or documents, and
  (4) The payment of all taxes due thereon to the state.
  [7.]  6. Within ten days after filing a new application to sell liquor
at retail under section sixty-three, sixty-four, sixty-four-a or  sixty-
four-b  of this chapter, a notice thereof, in the form prescribed by the
authority, shall be posted by the applicant in a  conspicuous  place  at
the  entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain  posted  throughout  the
pendency  of  the  application.  The  provisions hereof shall apply only
where no retail liquor license  has  previously  been  granted  for  the
proposed  premise  and  shall,  specifically,  not  be  applicable  to a
proposed sale of an existing business engaged  in  the  retail  sale  of
liquor.  The  authority  may  adopt  such rules it may deem necessary to
carry out the purpose of this subdivision.
  S 2. This act shall take effect immediately.