STATE OF NEW YORK
________________________________________________________________________
5437
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing retail licensees to purchase alcohol with a business
payment card
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 101-aa of the alcoholic beverage
2 control law is amended by adding three new paragraphs g, h and i to read
3 as follows:
4 g. "Business payment card" means: (1) any credit card issued to a
5 retail licensee for business or commercial use pursuant to an agreement
6 that allows the holder thereof to obtain goods and services on the cred-
7 it of the issuer or a debit card that provides access to a bank account
8 of a retail licensee; (2) a credit or debit card from an issuer accepted
9 by the manufacturer or wholesaler as permitted by the authority in regu-
10 lation; and (3) such credit card shall not include cards in which a
11 manufacturer or wholesaler has a financial interest or cards by which
12 their use benefits a manufacturer or wholesaler. Such card must be
13 issued in the same name as a retail licensee and registered to the same
14 address as the address on the retail license, or as otherwise permitted
15 by the authority in regulation.
16 h. "Final cash invoice amount" means the amount charged by a manufac-
17 turer or wholesaler to a retail licensee pursuant to paragraphs (a) and
18 (b) of subdivision two of this section.
19 i. "Final business payment card invoice amount" means the amount
20 charged by a manufacturer or wholesaler to a retail licensee pursuant to
21 paragraph (c) of subdivision two of this section; and shall equal the
22 final cash invoice amount plus the exact surcharges and fees that are
23 charged to the manufacturer or wholesaler by the business payment card
24 issuer, or a person or entity associated with the issuer.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06778-01-3
A. 5437 2
1 § 2. Paragraph (b) of subdivision 2 of section 101-aa of the alcoholic
2 beverage control law, as amended by section 5 of subpart W of part XX of
3 chapter 55 of the laws of 2020, is amended and a new paragraph (c) is
4 added to read as follows:
5 (b) on terms requiring payment by such retail licensee for such alco-
6 holic beverages on or before the final payment date of the credit period
7 for which delivery is made[.]; or
8 (c) by business payment card; provided that a manufacturer or whole-
9 saler that exercises reasonable diligence to ensure the sale comports
10 with the requirements of this section shall not be found to have
11 violated this subdivision where a retail licensee uses a credit card
12 other than a business payment card.
13 § 3. Section 101-aa of the alcoholic beverage control law is amended
14 by adding two new subdivisions 2-a and 2-b to read as follows:
15 2-a. A manufacturer or wholesaler that accepts business payment cards
16 shall clearly state the final cash invoice amount and the final business
17 payment card invoice amount on an invoice provided to a retail licensee.
18 Nothing in this section shall preclude, or permit a manufacturer or
19 wholesaler to prevent, a retail licensee that receives such an invoice
20 from electing to use any other form of payment method permitted pursuant
21 to subdivision two of this section following receipt of such invoice.
22 2-b. Nothing herein contained shall be construed to require any
23 manufacturer or wholesaler to accept business payment cards as a method
24 of payment by any retail licensee, provided that if such payment method
25 is made available it shall be available on equal terms to all retail
26 licensees.
27 § 4. This act shall take effect immediately.
