Bill Text: NY A06256 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-08 - referred to economic development [A06256 Detail]

Download: New_York-2019-A06256-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      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:
     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-
    24  cia of an association with a retailer is a willful intent to violate the
    25  law within this subdivision.
    26    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.