Bill Text: NY S06957 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to authorizing retail licenses to purchase beer with a business payment card.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-01-28 - referred to economic development [S06957 Detail]
Download: New_York-2019-S06957-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6957 2019-2020 Regular Sessions IN SENATE January 6, 2019 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the alcoholic beverage control law, in relation to authorizing retail licensees to purchase beer with a business payment card; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs h and j of subdivision 1 of section 101-aaa of 2 the alcoholic beverage control law, as added by a chapter of the laws of 3 2019, amending the alcoholic beverage control law relating to authoriz- 4 ing retail licenses to purchase beer, wine or liquor with a business 5 payment card, as proposed in legislative bills numbers S. 4241-A and A. 6 6701-A, are amended to read as follows: 7 h. "Business payment card" means: (1) any credit card issued to a 8 retail licensee for business or commercial use pursuant to an agreement 9 that allows the holder thereof to obtain goods and services on the cred- 10 it of the issuer or a debit card that provides access to a bank account 11 of a retail licensee; (2) a credit or debit card from an issuer accepted 12 by the manufacturer or wholesaler as permitted by the authority in regu- 13 lation; and (3) such credit card shall not include cards in which a 14 manufacturer or wholesaler has a financial interest or cards by which 15 their use benefits a manufacturer or wholesaler. Such card must be 16 issued in the same name as a retail licensee and registered to the same 17 address as the address on the retail license, or as otherwise permitted 18 by the authority in regulation. 19 j. "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 [remuneration for surcharges and fees23incurred by a manufacturer or wholesaler as a result of such a trans-24action, which shall be calculated by multiplying the final cash invoiceEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10011-04-9S. 6957 2 1amount by a rate determined annually by the authority] three percent of 2 the final cash invoice amount. The three percent represents the 3 surcharges and fees that are charged to the manufacturer or wholesaler 4 by the business payment card issuer or a person or entity associated 5 with the issuer. 6 § 2. Subdivision 2-a of section 101-aaa of the alcoholic beverage 7 control law, as added by a chapter of the laws of 2019, amending the 8 alcoholic beverage control law relating to authorizing retail licenses 9 to purchase beer, wine or liquor with a business payment card, as 10 proposed in legislative bills numbers S. 4241-A and A. 6701-A, is 11 amended and a new subdivision 2-b is added to read as follows: 12 2-a. A manufacturer or wholesaler that accepts business payment cards 13 shall clearly state the final cash invoice amount and the final business 14 payment card invoice amount on an invoice provided to a retail licensee. 15 Nothing in this section shall preclude, or permit a manufacturer or 16 wholesaler to [preclude] prevent, a retail licensee that receives such 17 an invoice from electing to use any other form of payment method permit- 18 ted pursuant to subdivision two of this section following receipt of 19 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 § 3. Subdivision 2 of section 55-b of the alcoholic beverage control 26 law, as amended by a chapter of the laws of 2019, amending the alcoholic 27 beverage control law relating to authorizing retail licenses to purchase 28 beer, wine or liquor with a business payment card, as proposed in legis- 29 lative bills numbers S. 4241-A and A. 6701-A, is amended to read as 30 follows: 31 2. No brewer or beer wholesaler may increase the price per case, draft 32 package or special package of beer sold to beer wholesalers or retail 33 licensees until at least one hundred eighty days have elapsed since his 34 last price decrease on such case, draft package or special package, 35 provided, however, that the brewer or beer wholesaler may increase any 36 price established by him at any time in the amount of any direct tax 37 increase on beer or [in the amount necessary] three percent of the final 38 cash invoice amount to reasonably remunerate such wholesaler for 39 surcharges and fees incurred for business payment card payments, as 40 [determined by the authority pursuant to] provided for by paragraph j of 41 subdivision one of section one hundred one-aaa of this chapter, or on 42 containers thereof, actually paid by such brewer or beer wholesaler, and 43 provided further, however, that if a brewer or beer wholesaler has 44 increased his price to beer wholesalers at any time pursuant to the 45 provisions hereof, the beer wholesaler may increase the price estab- 46 lished by him on such package in an amount equal to the direct price 47 increase to the beer wholesaler. The price per case, draft package or 48 special package of beer sold to beer wholesalers or retail licensees on 49 the first day of the month following the effective date of this act 50 shall be deemed the base price, to or from which price increases or 51 decreases may be made in accordance with the provisions of this section. 52 § 4. Paragraphs g, h, and i of subdivision 1 of section 101-aa of the 53 alcoholic beverage control law, as added by a chapter of the laws of 54 2019 amending the alcoholic beverage control law relating to authorizing 55 retail licenses to purchase beer, wine or liquor with a business paymentS. 6957 3 1 card, as proposed in legislative bills numbers S.4241-A and A.6701-A, 2 are REPEALED. 3 § 5. Subdivision 2 of section 101-aa of the alcoholic beverage control 4 law, as amended by a chapter of the laws of 2019 amending the alcoholic 5 beverage control law relating to authorizing retail licenses to purchase 6 beer, wine or liquor with a business payment card, as proposed in legis- 7 lative bills numbers S.4241-A and A.6701-A, is amended to read as 8 follows: 9 2. No manufacturer or wholesaler licensed under this chapter shall 10 sell or deliver any liquor or wine to any retail licensee except as 11 provided for in this section: 12 (a) for cash to be paid at the time of delivery; or 13 (b) on terms requiring payment by such retail licensee for such alco- 14 holic beverages on or before the final payment date of the credit period 15 for which delivery is made[; or16(c) by business payment card; provided that a manufacturer or whole-17saler that exercises reasonable diligence to ensure the sale comports18with the requirements of this section shall not be found to have19violated this subdivision where a retail licensee uses a credit card20other than a business payment card]. 21 § 6. Subdivision 2-a of section 101-aa of the alcoholic beverage 22 control law, as added by a chapter of the laws of 2019 amending the 23 alcoholic beverage control law relating to authorizing retail licenses 24 to purchase beer, wine or liquor with a business payment card, as 25 proposed in legislative bills numbers S.4241-A and A.6701-A, is 26 REPEALED. 27 § 7. This act shall take effect on the same date and in the same 28 manner as a chapter of the laws of 2019, amending the alcoholic beverage 29 control law relating to authorizing retail licenses to purchase beer, 30 wine or liquor with a business payment card, as proposed in legislative 31 bills numbers S. 4241-A and A. 6701-A, takes effect.