NY State Senate Bill 2017-S7821A

Senate Bill S7821A

Signed By Governor

2017-2018 Legislative Session

Relates to electronic payment of fees of brand label registration and to change the time required for an application to be deemed approved

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2018	signed chap.440
Dec 12, 2018	delivered to governor
Jun 13, 2018	returned to senate passed assembly ordered to third reading cal.731 substituted for a9996b
Jun 11, 2018	referred to economic development delivered to assembly passed senate
Jun 04, 2018	amended on third reading 7821a
Mar 13, 2018	advanced to third reading
Mar 12, 2018	2nd report cal.
Mar 06, 2018	1st report cal.616
Feb 28, 2018	referred to investigations and government operations

Votes

- Jun 11, 2018 - Floor Vote
  S7821A
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2018
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Hoylman-Sigal
      
      Kavanagh
      
      excused (2)
      
      Croci
      
      Sepúlveda
  Mar 6, 2018 - Investigations And Government Operations Committee Vote
  S7821A
  
  6
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Mar 6, 2018
      
      aye (6)
      
      Carlucci
      
      Golden
      
      Lanza
      
      Murphy
      
      O'Mara
      
      Phillips
      
      aye wr (3)
      
      Benjamin
      
      Hoylman-Sigal
      
      Kavanagh

Bill Amendments

Original

A (Active)

2017-S7821 - Details

See Assembly Version of this Bill:: A9996
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §107-a, ABC L

2017-S7821 - Summary

Relates to electronic payment of fees of brand label registration and to changing the time required for an application to be deemed approved.

2017-S7821 - Sponsor Memo

                                
 
BILL NUMBER: S7821

SPONSOR: MURPHY
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to electronic payment of fees of brand label registration and
to change the time required for an application to be deemed approved

 
PURPOSE:

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to
permit brand label registration applications to submit their processing
fee charged by the State Liquor Authority (SLA) electronically. In addi-
tion, this bill would eliminate the need for a wait period for a brand
label to be deemed approved for brand name labels that have already been
approved by the Alcohol and Tobacco Tax and Trade Bureau.

 
SUMMARY OF PROVISIONS:

This section of the law was amended in 2017 to allow for the electronic
filing of brand label registration. However, applicants are still
required to submit the application fee by check or draft. This bill

would allow applicants to submit their fees to the State Liquor Authori-
ty via electronically.

In addition, currently brand label applicants who have already had their
brand or trade name label approved by the Alcohol and Tobacco Tax and
Trade Bureau of the United States Department of Treasury are deemed
registered and approved by the authority so long as the application is
in the proper format and the SLA does not deny such application within
thirty days. This timeframe has proven to be a burden for applicants
with numerous brand labels who have already been approved at the federal
level. In addition, the SLA rarely denies such applicants because of
their prior approval.

 
JUSTIFICATION:

All brand labels have to be registered and approved along with a fee by
the State Liquor Authority. Larger breweries do so on a national level.
Since new brand labels have already been federal approved by the Alcohol
Tax, Tobacco and Trade Bureau, it makes little sense to have a thirty-
day waiting period when such federal approvals are auto-approved at the
state level.

Additionally, such filings are accompanied by payment of a small fee.
Existing law only allows for payment by check. Authorizing electronic
payment will further expedite the process and spur economic development
and distribution in New York State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7821 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7821
 
                             I N  S E N A T E
 
                             February 28, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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 elec-
   tronic payment of fees of brand label registration and to  change  the
   time required for an application to be deemed approved

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 2 of paragraph (a) and the  opening  paragraph
 of  paragraph  (b)  of  subdivision  4 of section 107-a of the alcoholic
 beverage control law, as amended by chapter 369 of the laws of 2017, are
 amended to read as follows:
   (2) Provided, however, where a brand or  trade  name  label  has  been
 approved  by  the Alcohol and Tobacco Tax and Trade Bureau of the United
 States Department  of  Treasury,  it  shall  be  deemed  registered  and
 approved by the authority if[:
   (i)]  the  applicant submits on a form prescribed by the authority, by
 certified mail return receipt requested, registered mail return  receipt
 requested,  or  overnight delivery service with proof of mailing, or via
 electronic filing, a true copy of the brand or trade name label approval
 issued by the Alcohol and Tobacco Tax and Trade  Bureau  of  the  United
 States  Department  of Treasury along with the appropriate fee as estab-
 lished in paragraph (b) of this subdivision[; and
   (ii) the authority does not deny such application within  thirty  days
 after receipt].
   The  annual  fee for registration of any brand or trade name label for
 liquor shall be two hundred fifty dollars; the annual fee for  registra-
 tion  of  any  brand  or trade name label for beer or cider shall be one
 hundred fifty dollars; the annual fee for registration of any  brand  or
 trade name label for wine or wine products shall be fifty dollars.  Such
 fee  shall  be  in  the  form  of a check [or], draft, OR VIA ELECTRONIC
 PAYMENT. No annual fee for registration of any brand or trade name label
 for wine shall be required if it has been approved by  the  Alcohol  and
 Tobacco Tax and Trade Bureau of the United States Department of Treasury
 pursuant to this section.
   § 2. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14829-01-8

2017-S7821A (ACTIVE) - Details

See Assembly Version of this Bill:: A9996
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §107-a, ABC L

2017-S7821A (ACTIVE) - Summary

Relates to electronic payment of fees of brand label registration and to changing the time required for an application to be deemed approved.

2017-S7821A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7821A

SPONSOR: MURPHY
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to electronic payment of fees of brand label registration and
to change the time required for an application to be deemed approved

 
PURPOSE:

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to
permit brand label registration applications to submit their processing
fee charged by the State Liquor Authority (SLA) electronically. In addi-
tion, this bill would reduce the waiting period for a brand label to be
deemed approved for brand name labels that have already been approved by
the Alcohol and Tobacco Tax and Trade Bureau from 30 to 7 business days.

 
SUMMARY OF PROVISIONS:

This section of the law was amended in 2017 to allow for the electronic
filing of brand label registration. However, applicants are still
required to submit the application fee by check or draft. This bill

would allow applicants to submit their fees to the State Liquor Authori-
ty via electronically.

In addition, currently brand label applicants who have already had their
brand or trade name label approved by the Alcohol and Tobacco Tax and
Trade Bureau of the United States Department of Treasury are deemed
registered and approved by the SLA so long as the application is in the
proper format and the SLA does not deny such application within 30 days.
This timeframe has proven to be a burden for applicants with numerous
brand labels who have already been approved at the federal level. In
addition, the SLA rarely denies such applicants because of their prior
approval. This legislation reduces the waiting period to 7 business
days.

 
JUSTIFICATION:

All brand labels have to be registered and approved along with a fee by
the State Liquor Authority. Larger breweries do so on a national level.
Since new brand labels have already been federal approved by the Alcohol
Tax, Tobacco and Trade Bureau, it makes little sense to have a 30 day
waiting period when such federal approvals are auto-approved at the
state level. A 7 business day waiting period will reduce that burden.

Additionally, such filings are accompanied by payment of a small fee.
Existing law only allows for payment by check. Authorizing electronic
payment will further expedite the process and spur economic development
and distribution in New York State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
March 31, 2019

2017-S7821A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7821--A
     Cal. No. 616
 
                             I N  S E N A T E
 
                             February 28, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading

 AN ACT to amend the alcoholic beverage control law, in relation to elec-
   tronic payment of fees of brand label registration and to  change  the
   time required for an application to be deemed approved
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 2 of paragraph (a) and the  opening  paragraph
 of  paragraph  (b)  of  subdivision  4 of section 107-a of the alcoholic
 beverage control law, as amended by chapter 369 of the laws of 2017, are
 amended to read as follows:
   (2) Provided, however, where a brand or  trade  name  label  has  been
 approved  by  the Alcohol and Tobacco Tax and Trade Bureau of the United
 States Department  of  Treasury,  it  shall  be  deemed  registered  and
 approved by the authority if:
   (i)  the  applicant  submits on a form prescribed by the authority, by
 certified mail return receipt requested, registered mail return  receipt
 requested,  or  overnight delivery service with proof of mailing, or via
 electronic filing, a true copy of the brand or trade name label approval
 issued by the Alcohol and Tobacco Tax and Trade  Bureau  of  the  United
 States  Department  of Treasury along with the appropriate fee as estab-
 lished in paragraph (b) of this subdivision; and
   (ii) the authority does not  deny  such  application  within  [thirty]
 SEVEN BUSINESS days after receipt.
   The  annual  fee for registration of any brand or trade name label for
 liquor shall be two hundred fifty dollars; the annual fee for  registra-
 tion  of  any  brand  or trade name label for beer or cider shall be one
 hundred fifty dollars; the annual fee for registration of any  brand  or
 trade name label for wine or wine products shall be fifty dollars.  Such
 fee  shall  be  in  the  form  of a check [or], draft, OR VIA ELECTRONIC
 PAYMENT. No annual fee for registration of any brand or trade name label

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14829-07-8

 S. 7821--A                          2
 
 for wine shall be required if it has been approved by  the  Alcohol  and
 Tobacco Tax and Trade Bureau of the United States Department of Treasury
 pursuant to this section.
   § 2. This act shall take effect March 31, 2019.

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