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. LBD14524-01-8A. 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.