Senate Bill S7473

2021-2022 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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2021-S7473 (ACTIVE) - Details

See Assembly Version of this Bill:
A2404
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3 & 100, ABC L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6899
2019-2020: A6256
2023-2024: S4926, A2250

2021-S7473 (ACTIVE) - Summary

Prohibits membership warehouse stores from selling to a retailer.

2021-S7473 (ACTIVE) - Sponsor Memo

2021-S7473 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7473
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
                       [ ] is old law to be omitted.

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