Provides the state liquor authority with general rule making authority

Title of bill

An act to amend the alcoholic beverage control law, in relation to providing the state liquor authority with general rule making authority

Purpose

This bill would amend the Alcoholic Beverage Control (ABC) Law to make clear that the State Liquor Authority (SLA) possesses general rulemaking authority.

Summary of provisions

Section 1 of the bill would amend ABC Law § 17 to add a new subdivision 14 to clearly establish that the SLA has general rulemaking authority.

Section 2 of the bill would provide for an immediate effective date.

Existing law

Current practice is for the Legislature to provide specific authority to promulgate rules on an ad-hoc basis for specific sections of the ABC Law.

Legislative history

This is a new bill.

Statement in support

The SLA's ability to foster economic development, particularly in upstate communities, has been impeded by the archaic restrictions contained in the ABC Law, a statute drafted in 1934 on the heels of the repeal of Prohibition. Forty-three states currently grant their liquor industry regulators rulemaking authority as a tool with which to interpret and implement for current times highly idiosyncratic, early-twentieth-century statutes. Allowing the SLA similar authority would give it the flexibility it needs to better facilitate economic development.

Budget implications

None.

Effective date

This bill would be effective immediately.