Bill Text: NY A10401 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes retail licensees to purchase alcohol with a business payment card.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-13 - referred to economic development [A10401 Detail]
Download: New_York-2021-A10401-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10401 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. D. Rosen- thal) -- read once and referred to the Committee on Economic Develop- ment AN ACT to amend the alcoholic beverage control law, in relation to authorizing retail licensees to purchase alcohol with a business payment 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 by adding three new paragraphs g, h and i to read 3 as follows: 4 g. "Business payment card" means: (1) any credit card issued to a 5 retail licensee for business or commercial use pursuant to an agreement 6 that allows the holder thereof to obtain goods and services on the cred- 7 it of the issuer or a debit card that provides access to a bank account 8 of a retail licensee; (2) a credit or debit card from an issuer accepted 9 by the manufacturer or wholesaler as permitted by the authority in regu- 10 lation; and (3) such credit card shall not include cards in which a 11 manufacturer or wholesaler has a financial interest or cards by which 12 their use benefits a manufacturer or wholesaler. Such card must be 13 issued in the same name as a retail licensee and registered to the same 14 address as the address on the retail license, or as otherwise permitted 15 by the authority in regulation. 16 h. "Final cash invoice amount" means the amount charged by a manufac- 17 turer or wholesaler to a retail licensee pursuant to paragraphs (a) and 18 (b) of subdivision two of this section. 19 i. "Final business payment card invoice amount" means the amount 20 charged by a manufacturer or wholesaler to a retail licensee pursuant to 21 paragraph (c) of subdivision two of this section; and shall equal the 22 final cash invoice amount plus the exact surcharges and fees that are 23 charged to the manufacturer or wholesaler by the business payment card 24 issuer, or a person or entity associated with the issuer. 25 § 2. Paragraph (b) of subdivision 2 of section 101-aa of the alcoholic 26 beverage control law, as amended by section 5 of subpart W of part XX of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15371-01-2A. 10401 2 1 chapter 55 of the laws of 2020, is amended and a new paragraph (c) is 2 added to read as follows: 3 (b) on terms requiring payment by such retail licensee for such alco- 4 holic beverages on or before the final payment date of the credit period 5 for which delivery is made[.]; or 6 (c) by business payment card; provided that a manufacturer or whole- 7 saler that exercises reasonable diligence to ensure the sale comports 8 with the requirements of this section shall not be found to have 9 violated this subdivision where a retail licensee uses a credit card 10 other than a business payment card. 11 § 3. Section 101-aa of the alcoholic beverage control law is amended 12 by adding two new subdivisions 2-a and 2-b to read as follows: 13 2-a. A manufacturer or wholesaler that accepts business payment cards 14 shall clearly state the final cash invoice amount and the final business 15 payment card invoice amount on an invoice provided to a retail licensee. 16 Nothing in this section shall preclude, or permit a manufacturer or 17 wholesaler to prevent, a retail licensee that receives such an invoice 18 from electing to use any other form of payment method permitted pursuant 19 to subdivision two of this section following receipt of such invoice. 20 2-b. Nothing herein contained shall be construed to require any 21 manufacturer or wholesaler to accept business payment cards as a method 22 of payment by any retail licensee, provided that if such payment method 23 is made available it shall be available on equal terms to all retail 24 licensees. 25 § 4. This act shall take effect immediately.