Bill Text: NY A06701 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes retail licensees to purchase beer, wine and liquor by means of a business payment card.
Spectrum: Slight Partisan Bill (Democrat 16-6)
Status: (Passed) 2019-12-27 - APPROVAL MEMO.91 [A06701 Detail]
Download: New_York-2019-A06701-Introduced.html
Bill Title: Authorizes retail licensees to purchase beer, wine and liquor by means of a business payment card.
Spectrum: Slight Partisan Bill (Democrat 16-6)
Status: (Passed) 2019-12-27 - APPROVAL MEMO.91 [A06701 Detail]
Download: New_York-2019-A06701-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6701 2019-2020 Regular Sessions IN ASSEMBLY March 15, 2019 ___________ Introduced by M. of A. SCHIMMINGER, ABBATE, QUART, BRAUNSTEIN, HEVESI, HYNDMAN, B. MILLER, MONTESANO, RAIA -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to authorizing retail licenses to purchase beer, wine or liquor with a business credit card The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 101-aa of the alcoholic beverage 2 control law is amended by adding new paragraph g to read as follows: 3 g. "Business credit card" means any card issued pursuant to an agree- 4 ment that allows the holder thereof to obtain goods and services on the 5 credit of the issuer, and such card was provided to a retail licensee 6 for business or commercial use. 7 § 2. Subdivision 2 of section 101-aa of the alcoholic beverage control 8 law, as amended by chapter 242 of the laws of 2012, is amended and a new 9 subdivision 3-a is added to read as follows: 10 2. No manufacturer or wholesaler licensed under this chapter shall 11 sell or deliver any liquor or wine to any retail licensee except as 12 provided for in this section: 13 (a) for cash to be paid at the time of delivery; [or] 14 (b) on terms requiring payment by such retail licensee for such alco- 15 holic beverages on or before the final payment date of the credit period 16 for which delivery is made; or 17 (c) by business credit card; provided that a manufacturer or whole- 18 saler shall exercise reasonable diligence to ensure the sale comports 19 with the requirements of this section; and, upon exercising such dili- 20 gence, shall not be found to have violated this paragraph where a retail 21 licensee uses a credit card other than a business credit card. 22 3-a. Where a retail licensee uses a business credit card pursuant to 23 this section, such retail licensee shall reimburse the wholesaler or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10011-01-9A. 6701 2 1 manufacturer for credit card surcharges and fees incurred as a result of 2 the transaction. This rate shall be determined on an annual basis by the 3 authority based on an assessment of surcharges and fees imposed by cred- 4 it card issuers, and reimbursed in a manner established by regulations. 5 § 3. Subdivision 1 of section 101-aaa of the alcoholic beverage 6 control law is amended by adding a new paragraph h to read follows: 7 h. "Business credit card" means any card issued pursuant to an agree- 8 ment that allows the holder thereof to obtain goods and services on the 9 credit of the issuer, and such card was provided to a retail licensee 10 for business or commercial use. 11 § 4. Subdivision 2 of section 101-aaa of the alcoholic beverage 12 control law, as amended by chapter 522 of the laws of 2018, is amended 13 and a new subdivision 3-a is added to read as follows: 14 2. No manufacturer or wholesaler licensed under this chapter shall 15 sell or deliver any beer, mead, cider or wine products to any retail 16 licensee except as provided for in this section: 17 (a) for cash to be paid at the time of delivery; [or] 18 (b) on terms requiring payment by such retail licensee for such beer, 19 mead, cider, or wine products on or before the final payment date of any 20 credit period within which delivery is made; or 21 (c) by business credit card; provided that a manufacturer or whole- 22 saler shall exercise reasonable diligence to ensure the sale comports 23 with the requirements of this section; and, upon exercising such dili- 24 gence, shall not be found to have violated this paragraph where a retail 25 licensee uses a credit card other than a business credit card. 26 Provided, however, that the sale of wine products, mead, or cider to a 27 retail licensee by a wholesaler licensed under section fifty-eight, 28 sixty-two, or seventy-eight of this chapter, or a licensed manufacturer 29 of liquor, mead or wine or a cider producer's license, shall be governed 30 by the provisions of section one hundred-one-aa of this article. 31 3-a. Where a retail licensee uses a business credit card pursuant to 32 this section, such retail licensee shall reimburse the wholesaler or 33 manufacturer for credit card surcharges and fees incurred as a result of 34 the transaction. This rate shall be determined on an annual basis by the 35 authority based on an assessment of surcharges and fees imposed by cred- 36 it card issuers, and reimbursed in a manner established by regulations. 37 § 5. This act shall take effect on the one hundred twentieth day after 38 it shall have become a law; provided, however, that if chapter 522 of 39 the laws of 2018 shall not have taken effect on or before such date then 40 section four of this act shall take effect on the same date and in the 41 same manner as such chapter of the laws of 2018 takes effect. Effective 42 immediately, the addition, amendment and/or repeal of any rule or regu- 43 lation necessary for the implementation of this act on its effective 44 date are authorized to be made and completed on or before such effective 45 date.