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Sponsors
Senator · Senate District 4
History
- Substituted by A5920A
- Advanced to third reading
- 2nd report cal.
- Amended 4446a
- 1st report cal.932
- Referred to investigations and government operations
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.
Limits the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless certain conditions are met
Vetoed · Sponsor Phil Steck
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4446A
Title of bill
An act to amend the alcoholic beverage control law, in relation to limiting the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless the conduct in question amounts to an independent violation of the alcoholic beverage control law or has resulted in a criminal conviction in another state
Purpose or general idea of bill
To amend the alcoholic beverage control law to clarify the State Liquor Authority's (SLA) legal authority to enforce what it perceives that the laws of other states require concerning any New York State issued license or permit. The bill provides that the SLA cannot make any judgment as to the requirements of any other state as to a particular licensee/permittee until such licensee/permittee has exhausted its due process rights in such other state.
Read the full memo (714 words)
Summary of provisions
Section 1. Amends Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 2 of chapter 355 of the laws of 2013, stating the liquor authority shall not have the power to revoke, cancel, or suspend any license or impose any civil penalty against any holder of a license or permit based upon conduct which the authority determines to be in violation of the laws of another state, unless such conduct independently violates a specific provision of this chapter, or unless due process of law has been provided by authorities of competent jurisdiction in such other state and the licensee or permittee has exhausted its due process rights and have been determined to have violated the laws of such other state.
Section 2. Amends Subdivision 3 of section 17 of the alcoholic beverage 2 control law, as amended by section 2 of chapter 355 of the laws of 2013 to state provided, however, that the liquor authority shall not have the power to revoke, cancel, or suspend any license or impose any civil penalty against any holder of a license or permit based upon conduct which the Authority determines to be in violation of the laws of another state, unless such conduct independently violates a specific provision of this chapter, or unless due process of law has been provided by authorities of competent jurisdiction in such other state and the licensee or permittee has exhausted its due process rights and have been determined to have violated the laws of such other state.
Section 3. Section 118 of the alcoholic beverage control law is amended by adding a new subdivision to read as follows: As used in this chapter, the term "for cause" shall not include conduct which the authority determines to be in violation of the laws of another state, unless:
a. Such conduct independently violates a specific provision of this chapter; or
b. Due process of law has been provided to the licensee or permittee by authorities of competent jurisdiction in such other state and the
licensee or permittee and such licensee or permittee has exhausted its due process rights according to such state's laws.
Section 4. Effective date.
Justification
The State Liquor Authority has fined, and could suspend, revoke or cancel the license of small businesses for "improper conduct" due to online, direct to consumer interstate wine shipments to state(s) that may have laws restricting such sales and shipments. It is concerning that the State Liquor Authority (SLA) is conducting enforcement activity on behalf of other states, when these states have not requested their enforcement or intervention, nor has the New York merchant been found to have violated the law of those states. The area of law the SLA is attempting to enforce is vague considering that 9NYCRR 53.1 (n) does not specifically list out-of-state shipments as constituting "improper conduct". While the SLA has used its authority under 9NYCRR 53.1 (n) in the past to appropriately sanction licensees for "improper conduct" involving the committing of felonies or serious misdemeanors, the notable difference in this case being that the New York merchant has not violated any provision of the New York State Alcoholic Beverage Law, or any SLA rule or regulation, nor has it been found to have violated such other state's law or regulation.
Legislative history
None.
Fiscal implications
None to the State of New York.
Effective date
After 60 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.