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A10817Assembly2009-2010 SessionSame asS7737

Authorizes holders of wholesalers' licenses to install and operate 1 ATM at each of their facilities

Sponsor Robin SchimmingerAD-140+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Who cares

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Sponsors

Primary sponsor
Robin Schimminger

Assembly Member · Assembly District 140

History

  1. Reported referred to rules
  2. Print number 10817a
  3. Amend and recommit to codes
  4. Reported referred to codes
  5. Referred to economic development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S7737Senate

Authorizes holders of wholesalers' licenses to install and operate 1 ATM at each of their facilities

In Assembly Committee · Codes · Sponsor José Peralta

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10817A

Title of bill

An act to amend the alcoholic beverage control law, in relation to permitting the holder of a wholesaler's license to install and operate automated teller machines

Purpose of the bill

This legislation would authorize holders of whole- salers' licenses to install and operate ATMs at their facilities, as recommended by the New York State Law Revision Commission.

Summary of specific provisions

§ 1- Amends subdivision 1 of § 104 of the Alcoholic Beverage Control law by adding a new paragraph (a-1) to allow for the installation and opera- tion of one automated teller machine.

§ 2- Effective date.

Justification

In its final report, the New York State Law Revision Commission (NYSLRC) recommended that C Licensees be allowed to offer ATMs. ABCL §104 currently prohibits New York State Liquor Authority (SLA) C-Licensed beer wholesaler/retailers from conducting any other business on the licensed premises, with very few exceptions (the sale of soda, water, cigarettes, potato chips, pretzels, ice, promotional items).

There are approximately 350 C-Licensed beer wholesaler/retailers in New York State, from Montauk to Buffalo. They are typically multi-genera- tional "mom and pop" high-volume beverage centers, that serve primarily retail consumers and some wholesale accounts (the latter mostly taverns, bodegas, social clubs, volunteer fire companies, fraternal organizations and other entities that are too small, or in neighborhoods regarded as undesirable or unprofitable, to be served by franchised wholesalers). In an old advisory opinion dating back to the 1990's, issued when ATMs were a novelty, the SLA concluded that §104 prohibits C-Licensees from offer- ing the convenience of ATMs to their customers because ATMs constituted the conducting of another business.

The SLA position no longer reflects the reality of either technology or business; ATMs are now a widespread service just like credit cards. The SLA ruling also puts C-licensees at a competitive.disadvantage, as all other retail off-premises beer licensees (supermarkets, groceries, convenience stores, gas stations) can offer ATMs.

This amendment will allow C licensed beer wholesaler/retailers to offer ATMs, putting these stores on an equal footing with their competitors, and will allow the many customers of these community-based stores the convenience of ATMs.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.