Bill Text: NY S00499 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to amending schedules which have been filed with the liquor authority.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00499 Detail]

Download: New_York-2013-S00499-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          499
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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
         amending schedules which have been filed with the liquor authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 101-b of  the  alcoholic  beverage
    2  control  law,  as amended by chapter 102 of the laws of 1979, is amended
    3  to read as follows:
    4    4. Each such schedule required by paragraph (a) of  subdivision  three
    5  of this section shall be filed on or before the twenty-fifth day of each
    6  month and the prices and discounts set forth therein shall become effec-
    7  tive  on the first day of the second succeeding calendar month and shall
    8  be in effect for such second succeeding calendar month. Each such sched-
    9  ule required by paragraph (b) of subdivision three of this section shall
   10  be filed on or before the fifth day of each month, and  the  prices  and
   11  discounts  set  forth therein shall become effective on the first day of
   12  the calendar month following the filing thereof, and shall be in  effect
   13  for such calendar month. Within ten days after the filing of such sched-
   14  ule  the  authority shall make them or a composite thereof available for
   15  inspection  by  licensees.  Within  three  business  days   after   such
   16  inspection  is  provided  for, a wholesaler may amend his filed schedule
   17  for sales to retailers [in order to  meet  lower  competing  prices  and
   18  discounts  for  liquor  or  wine of the same brand or trade name, and of
   19  like age and quality, filed pursuant to this  section  by  any  licensee
   20  selling  such  brand],  provided such amended prices are [not] lower and
   21  SUCH AMENDED discounts are [not] greater [than those to be  met].    Any
   22  amended schedule so filed shall become effective on the first day of the
   23  calendar  month  following the filing thereof and shall be in effect for
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01984-01-3
       S. 499                              2
    1  such calendar month. All schedules filed  shall  be  subject  to  public
    2  inspection,  from  the  time that they are required to be made available
    3  for inspection by licensees, and shall not be  considered  confidential.
    4  Each  manufacturer  and wholesaler shall retain in his licensed premises
    5  for inspection by licensees a copy of his filed  schedules  as  then  in
    6  effect. The liquor authority may make such rules as shall be appropriate
    7  to carry out the purpose of this section.
    8    S  2. Paragraph (c) of subdivision 5 of section 101-b of the alcoholic
    9  beverage control law, as added by chapter 769 of the laws  of  1986,  is
   10  amended to read as follows:
   11    (c)  Within  ten days after the filing of such schedules the authority
   12  shall make them or a  composite  thereof  available  for  inspection  by
   13  licensees.  Within three business days after such inspection is provided
   14  for, a wholesaler may amend his filed schedule for  sales  to  retailers
   15  [in  order  to meet lower competing prices and discounts for wine of the
   16  same brand or trade name, and of like age and quality, filed pursuant to
   17  this section by any licensee selling such brand], provided such  amended
   18  prices  are  [not]  lower  and  SUCH AMENDED discounts are [not] greater
   19  [than those to be met]. Any  amended  schedule  so  filed  shall  become
   20  effective  on  the  first day of the calendar month following the filing
   21  thereof and shall be in effect until the  effective  date  of  the  next
   22  filing.
   23    S 3. This act shall take effect immediately.