Bill Text: NY S04926 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits membership warehouse stores from selling to a retailer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04926 Detail]

Download: New_York-2023-S04926-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4926

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- 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
          membership warehouse stores

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  20-a  of section 3 of the alcoholic beverage
     2  control law is renumbered subdivision 20-h and a new subdivision 20-a is
     3  added to read as follows:
     4    20-a. "Membership warehouse retailer" means  and  includes  any  store
     5  primarily  engaged  in  the  retail sale of a general line of groceries,
     6  which may include apparel, furniture and appliances which limits  access
     7  to  members  of  the  club  including businesses and individuals who are
     8  subject to pay a fee or premium to shop in the club.
     9    § 2. Section 100 of the alcoholic beverage control law is  amended  by
    10  adding a new subdivision 2-c to read as follows:
    11    2-c.  (a)  No  membership  warehouse retailer shall sell, or knowingly
    12  agree to sell, or sell by omission, any alcoholic beverage to a retailer
    13  who presents a corporate or business, debit, credit, or membership  card
    14  bearing the name of a retailer at the point of sale. The first violation
    15  of  this  subdivision  shall result in a written notice of violation and
    16  warning from the liquor authority. A second violation of  this  subdivi-
    17  sion  shall  result  in  a  suspension and imposition of a civil penalty
    18  pursuant to section one  hundred  eighteen  of  this  article.  A  third
    19  violation of this subdivision shall result in a revocation, or cancella-
    20  tion  of  a  license to sell alcoholic beverages pursuant to section one
    21  hundred eighteen of this article.
    22    (b) The acceptance by a membership warehouse retailer of  a  corporate
    23  or business, debit, credit, or membership card that has sufficient indi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06402-01-3
        S. 4926                             2

     1  cia of an association with a retailer is a willful intent to violate the
     2  law within this subdivision.
     3    § 3. This act shall take effect immediately.