Senate Bill S5240

2017-2018 Legislative Session

Relates to membership warehouse stores

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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2017-S5240 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L

2017-S5240 (ACTIVE) - Summary

Prohibits membership warehouse stores from selling to a retailer.

2017-S5240 (ACTIVE) - Sponsor Memo

2017-S5240 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5240
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   membership warehouse stores
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  20-a  of section 3 of the alcoholic beverage
 control law is renumbered subdivision 20-f and a new subdivision 20-a is
 added to read as follows:
   20-A. "MEMBERSHIP WAREHOUSE RETAILER" MEANS  AND  INCLUDES  ANY  STORE
 PRIMARILY  ENGAGED  IN  THE  RETAIL SALE OF A GENERAL LINE OF GROCERIES,
 WHICH MAY INCLUDE APPAREL, FURNITURE AND APPLIANCES WHICH LIMITS  ACCESS
 TO  MEMBERS  OF  THE  CLUB  INCLUDING BUSINESSES AND INDIVIDUALS WHO ARE
 SUBJECT TO PAY A FEE OR PREMIUM TO SHOP IN THE CLUB.
   § 2. Section 100 of the alcoholic beverage control law is  amended  by
 adding a new subdivision 2-c to read as follows:
   2-C.  (A)  NO  MEMBERSHIP  WAREHOUSE RETAILER SHALL SELL, OR KNOWINGLY
 AGREE TO SELL, OR SELL BY OMISSION, ANY ALCOHOLIC BEVERAGE TO A RETAILER
 WHO PRESENTS A CORPORATE OR BUSINESS, DEBIT, CREDIT, OR MEMBERSHIP  CARD
 BEARING THE NAME OF A RETAILER AT THE POINT OF SALE. THE FIRST VIOLATION
 OF  THIS  SUBDIVISION  SHALL RESULT IN A WRITTEN NOTICE OF VIOLATION AND
 WARNING FROM THE LIQUOR AUTHORITY. A SECOND VIOLATION OF  THIS  SUBDIVI-
 SION  SHALL  RESULT  IN  A  SUSPENSION AND IMPOSITION OF A CIVIL PENALTY
 PURSUANT TO SECTION ONE  HUNDRED  EIGHTEEN  OF  THIS  ARTICLE.  A  THIRD
 VIOLATION OF THIS SUBDIVISION SHALL RESULT IN A REVOCATION, OR CANCELLA-
 TION  OF  A  LICENSE TO SELL ALCOHOLIC BEVERAGES PURSUANT TO SECTION ONE
 HUNDRED EIGHTEEN OF THIS ARTICLE.
   (B) THE ACCEPTANCE BY A MEMBERSHIP WAREHOUSE RETAILER OF  A  CORPORATE
 OR BUSINESS, DEBIT, CREDIT, OR MEMBERSHIP CARD THAT HAS SUFFICIENT INDI-
 CIA OF AN ASSOCIATION WITH A RETAILER IS A WILLFUL INTENT TO VIOLATE THE
 LAW WITHIN THIS SUBDIVISION.
   § 3. This act shall take effect immediately.

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