Bill Text: NY S07473 | 2021-2022 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07473 Detail]

Download: New_York-2021-S07473-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7473

                               2021-2022 Regular Sessions

                    IN SENATE

                                    October 27, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- 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
          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.
                                                                   LBD06753-01-1