Bill Text: NY A09688 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes retail licensees to purchase beer, wine and liquor by means of a business credit card.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2018-02-02 - referred to economic development [A09688 Detail]

Download: New_York-2017-A09688-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9688
                   IN ASSEMBLY
                                    February 2, 2018
                                       ___________
        Introduced  by  M.  of  A.  SCHIMMINGER -- 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 to add 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
    24  manufacturer for credit card surcharges and fees incurred as a result of
    25  the transaction. This rate shall be determined on an annual basis by the
    26  authority based on an assessment of surcharges and fees imposed by cred-
    27  it card issuers, and reimbursed in a manner established by regulations.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14524-01-8

        A. 9688                             2
     1    §  3.  Subdivision  1  of  section  101-aaa  of the alcoholic beverage
     2  control law is amended by adding a new paragraph h to read follows:
     3    h.  "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    § 4. Subdivision 2  of  section  101-aaa  of  the  alcoholic  beverage
     8  control  law,  as amended by chapter 242 of the laws of 2012, is amended
     9  and a new 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 beer, cider or wine products to any retail licensee
    12  except as 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  beer,
    15  cider, or wine products on or before the final payment date of any cred-
    16  it period within 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    Provided, however, that the sale of wine products or cider to a retail
    23  licensee by a wholesaler licensed under section fifty-eight,  sixty-two,
    24  or  seventy-eight  of this chapter, or a licensed manufacturer of liquor
    25  or wine or  a  cider  producer's  license,  shall  be  governed  by  the
    26  provisions of section one hundred-one-aa of this article.
    27    3-a.  Where  a retail licensee uses a business credit card pursuant to
    28  this section, such retail licensee shall  reimburse  the  wholesaler  or
    29  manufacturer for credit card surcharges and fees incurred as a result of
    30  the transaction. This rate shall be determined on an annual basis by the
    31  authority based on an assessment of surcharges and fees imposed by cred-
    32  it card issuers, and reimbursed in a manner established by regulations.
    33    § 5. This act shall take effect on the one hundred twentieth day after
    34  it shall have become a law; provided, however, that effective immediate-
    35  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    36  necessary for the implementation of this act on its effective  date  are
    37  authorized  and  directed  to  be  made  and completed on or before such
    38  effective date.
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