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S352Senate2013-2014 SessionSame asA7166

Provides no fines shall be issued except upon a finding of intent on the part of the licensee and if no intent shall be found, the penalty shall not exceed a letter of warning

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A7166

What's happening

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Why it matters

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Who cares

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

1 Co-sponsor

History

  1. Substituted by A7166
  2. Amend by restoring to original print 352
  3. Amended on third reading 352a
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.665
  7. Referred to investigations and government operations

Companion bill

Full text

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

Sponsor's memo

BILL NUMBER:S352

Title of bill

An act to amend the alcoholic beverage control law, in relation to providing that no retail licensee for on-premises consumption shall intentionally adulterate, dilute or fortify the contents of any container of alcoholic beverages

Purpose

To clarify that it is prohibited to intentionally adulterate any container of alcoholic beverages as received from the manufacturer or wholesaler.

Summary of provisions

Section one prohibits a licensee from intentionally adulterating any container of alcoholic beverages as received from the manufacturer or wholesaler.

Section two of this bill provides an immediate effective date.

Existing law

Adulteration is prohibited regardless of whether such adulteration was intentional.

Justification

This section is often used by the SLA to cite licensees for fruit flies that get into beverage containers. The presence of fruit flies in a container is a health code issue not an Alcohol Beverage Control issue. This section was designed to make sure the licensee or employee does not engage in devious behavior to take advantage of their customers, but is being used by the SLA outside of its proper scope.. By limiting the SLA to citing licensees for intentional adulteration, the SLA will be able to continue to protect consumers from dishonest business practices, without venturing into enforcement areas inappropriate for the SLA.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediate.

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