STATE OF NEW YORK
________________________________________________________________________
6899
2017-2018 Regular Sessions
IN ASSEMBLY
March 24, 2017
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Introduced by M. of A. SEPULVEDA -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
membership warehouse stores
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 20-a of section 3 of the alcoholic beverage
2 control law is renumbered subdivision 20-f and a new subdivision 20-a is
3 added to read as follows:
4 20-a. "Membership warehouse retailer" means and includes any store
5 primarily engaged in the retail sale of a general line of groceries,
6 which may include apparel, furniture and appliances which limits access
7 to members of the club including businesses and individuals who are
8 subject to pay a fee or premium to shop in the club.
9 § 2. Section 100 of the alcoholic beverage control law is amended by
10 adding a new subdivision 2-c to read as follows:
11 2-c. (a) No membership warehouse retailer shall sell, or knowingly
12 agree to sell, or sell by omission, any alcoholic beverage to a retailer
13 who presents a corporate or business, debit, credit, or membership card
14 bearing the name of a retailer at the point of sale. The first violation
15 of this subdivision shall result in a written notice of violation and
16 warning from the liquor authority. A second violation of this subdivi-
17 sion shall result in a suspension and imposition of a civil penalty
18 pursuant to section one hundred eighteen of this article. A third
19 violation of this subdivision shall result in a revocation, or cancella-
20 tion of a license to sell alcoholic beverages pursuant to section one
21 hundred eighteen of this article.
22 (b) The acceptance by a membership warehouse retailer of a corporate
23 or business, debit, credit, or membership card that has sufficient indi-
24 cia of an association with a retailer is a willful intent to violate the
25 law within this subdivision.
26 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10470-01-7