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S499Senate2013-2014 Session

Relates to amending schedules which have been filed with the liquor authority

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Full text

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

Sponsor's memo

BILL NUMBER:S499

Title of bill

An act to amend the alcoholic beverage control law, in relation to amending schedules which have been filed with the liquor authority

Purpose

This bill will promote competition amongst wholesalers by allowing wholesalers to amend their prices below that of their competitors.

Summary of provisions

Section 1. Amends subdivision (4) of section 101-b of the alcoholic beverage control law as amended by chapter 102 of the laws of 1979 by allowing a wholesaler of liquor or wine to amend their schedule within ten days as long as such amended prices are lower and such amended discounts are greater.

Section 2. Amends paragraph (c) of subdivision 5 of section 101-b of the alcoholic beverage control law as added by chapter 769 of the laws of 1986 by allowing a micro-winery, winery, or farm winery to amend their schedule within ten days as long as such amended prices are lower and such amended discounts are greater.

Section 3. Effective date.

Existing law

Currently, a wholesaler may amend their price schedule, but they are prohibited from amending their prices below that of a competitor or amending their discounts to be greater than that of a competitor.

Justification

The current price posting law allows a wholesaler to amend their filing schedule but prohibits them from amending their prices below that of a competitor or amending their discounts to be greater than that of a competitor. This leads to implicit collusion as each wholesaler can set an above market price with the assurance that if their competitors do not follow suit, they will have the opportunity to lower their price to match their competitors. This bill will eliminate such perverse incentives by allowing distributors to amend prices below those of their competitors. This creates a competitive environment and causes prices to reflect actual market price.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

Immediately.

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