Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development and job opportunities in the beer, wine and liquor industries of the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2745A
SPONSOR: Gabryszak (MS) TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to the state policy with regard to alcoholic beverages
PURPOSE: This bill updates the overall "policy of state and purpose of
chapter" that is the articulated state public policy and purpose of the
Alcoholic Beverage Control Law. This New York State policy was first
articulated by the New York State Legislature when it adopted the first
Alcoholic Beverage Control Law after the repeal of the 18th Amendment
(Prohibition) to the United States Constitution in 1933. . While this
provision has not been amended since 1934, the nature, kinds and envi-
ronment on the consumption and use patterns of alcoholic beverages has
changed significantly since 1934 as it relates to such beverages, manu-
facture, distribution, sale and consumption. This bill idea comes from
the recommendations of the NYS Law Revision Commission which issued a
report on the Alcoholic Beverage Control Law and its Administration,
dated December 15, 2009.
SUMMARY OF PROVISIONS: Section 1: Amends Alcoholic Beverage Control
Law section 2 "Policy of state and purpose of chanter". This amendment
adds to the policy of the State Liquor Authority to also consider
supporting, where possible, the economic development and job opportu-
nities of this State when making decisions related to regulating alco-
holic beverages. This new policy consideration of supporting economic
growth and job development, would be in addition to, but subservient to
the already articulated public policy to control the manufacture, sale,
and distribution of alcoholic beverages in this State to foster and
promote temperance in the consumption of alcoholic beverages and respect
for and obedience to the law. The kinds of economic development that can
be supported relate to alcoholic beverage production, tourism 6 recre-
ation industries, and actions which could promote the conservation
enhancement of the state's agricultural lands.
EXISTING LAW: Under current law, the State Liquor Authority, in its
activities, is to consider the control of the manufacture, sale and
distribution of alcoholic beverages without any consideration at all as
to the economic benefits and job creation possibilities that are derived
from promoting activities that relate to the alcoholic beverage indus-
try.
JUSTIFICATION: The overall environment in which the regulation of the
manufacture, distribution, sale and consumption of alcoholic beverages
has changed greatly since the public policy statement contained in
section 2 of the Alcoholic Beverage control Law was first adopted in
1933. Since, 1933, the Great Depression is over, the Allied Forces won
the Second World War, and the Cold War is now over. Further, consumer
preferences and consumption patterns for alcoholic beverages have
changed significantly since the policy statement contained in Section 2
was adopted 79 years ago.
It is now time to modernize the over arching stated policy with regard
to regulating the manufacture, distribution, sale and consumption of
alcoholic beverages so that it better reflects the economic benefits
that can be derived to the State of New York by encouraging the
production of quality beer, wine, and spirits. Further, the appropriate
regulation of such beverages can help to promote economic development
and job creation. Expanding production facilities that manufacture beer,
wine, and liquors in this State can help to increase manufacturing
employment and the demand for state produced agricultural crops,
preserve working farms S open spaces, and minimize future real property
tax increases. In addition, such a shift in policy could help to support
prudent avenues to increase economic opportunities related to the
State's tourism and recreation industries.
This bill will give regulators the tools that they reed to consider the
economic development and job opportunities that can be created by
promoting the prudent expansion of the manufacture of beer, wines, and
liquors, and other ancillary activities that can tourism and recreation-
al activities.
LEGISLATIVE HISTORY: Similar to 2008: A.10314 Referred to Economic
Development; 2010: A.6814 Referred to Investigations and Governmental
Operations 2012: A.2412B
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 180 days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
2745--A
2013-2014 Regular Sessions
IN ASSEMBLY
January 17, 2013
___________
Introduced by M. of A. GABRYSZAK, SALADINO -- read once and referred to
the Committee on Economic Development -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to the
state policy with regard to alcoholic beverages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of the alcoholic beverage control law, as amended
2 by chapter 111 of the laws of 1978, is amended to read as follows:
3 § 2. Policy of state and purpose of chapter. It is hereby declared as
4 the policy of the state that it is necessary to regulate and control the
5 manufacture, sale and distribution within the state of alcoholic bever-
6 ages for the purpose of fostering and promoting temperance in their
7 consumption and respect for and obedience to law[.]; for the primary
8 purpose of promoting the health, welfare and safety of the people of the
9 state, promoting temperance in the consumption of alcoholic beverages;
10 and, to the extent possible, supporting economic growth, job develop-
11 ment, and the state's alcoholic beverage production industries and its
12 tourism and recreation industry; and which promotes the conservation and
13 enhancement of state agricultural lands; provided that such activities
14 do not conflict with the primary regulatory objectives of this chapter.
15 It is hereby declared that such [policy] policies will best be carried
16 out by empowering the liquor authority of the state to determine whether
17 public convenience and advantage will be promoted by the issuance of
18 licenses to traffic in alcoholic beverages, the increase or decrease in
19 the number thereof and the location of premises licensed thereby,
20 subject only to the right of judicial review [hereinafter] provided for
21 in this chapter. It is the purpose of this chapter to carry out [that
22 policy] these policies in the public interest. [The restrictions, regu-
23 lations and provisions contained in this chapter are enacted by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05643-02-3
A. 2745--A 2
1 legislature for the protection, health, welfare and safety of the people
2 of the state.]
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law.
