Assembly Bill A6256

2019-2020 Legislative Session

Relates to membership warehouse stores

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A6256 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6899
2021-2022: A2404
2023-2024: A2250

2019-A6256 (ACTIVE) - Summary

Prohibits membership warehouse stores from selling to a retailer.

2019-A6256 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6256
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Economic Development
 
 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-h 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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