STATE OF NEW YORK
________________________________________________________________________
499
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
amending schedules which have been filed with the liquor authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 101-b of the alcoholic beverage
2 control law, as amended by chapter 102 of the laws of 1979, is amended
3 to read as follows:
4 4. Each such schedule required by paragraph (a) of subdivision three
5 of this section shall be filed on or before the twenty-fifth day of each
6 month and the prices and discounts set forth therein shall become effec-
7 tive on the first day of the second succeeding calendar month and shall
8 be in effect for such second succeeding calendar month. Each such sched-
9 ule required by paragraph (b) of subdivision three of this section shall
10 be filed on or before the fifth day of each month, and the prices and
11 discounts set forth therein shall become effective on the first day of
12 the calendar month following the filing thereof, and shall be in effect
13 for such calendar month. Within ten days after the filing of such sched-
14 ule the authority shall make them or a composite thereof available for
15 inspection by licensees. Within three business days after such
16 inspection is provided for, a wholesaler may amend his filed schedule
17 for sales to retailers [in order to meet lower competing prices and
18 discounts for liquor or wine of the same brand or trade name, and of
19 like age and quality, filed pursuant to this section by any licensee
20 selling such brand], provided such amended prices are [not] lower and
21 such amended discounts are [not] greater [than those to be met]. Any
22 amended schedule so filed shall become effective on the first day of the
23 calendar month following the filing thereof and shall be in effect for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01984-01-3
S. 499 2
1 such calendar month. All schedules filed shall be subject to public
2 inspection, from the time that they are required to be made available
3 for inspection by licensees, and shall not be considered confidential.
4 Each manufacturer and wholesaler shall retain in his licensed premises
5 for inspection by licensees a copy of his filed schedules as then in
6 effect. The liquor authority may make such rules as shall be appropriate
7 to carry out the purpose of this section.
8 § 2. Paragraph (c) of subdivision 5 of section 101-b of the alcoholic
9 beverage control law, as added by chapter 769 of the laws of 1986, is
10 amended to read as follows:
11 (c) Within ten days after the filing of such schedules the authority
12 shall make them or a composite thereof available for inspection by
13 licensees. Within three business days after such inspection is provided
14 for, a wholesaler may amend his filed schedule for sales to retailers
15 [in order to meet lower competing prices and discounts for wine of the
16 same brand or trade name, and of like age and quality, filed pursuant to
17 this section by any licensee selling such brand], provided such amended
18 prices are [not] lower and such amended discounts are [not] greater
19 [than those to be met]. Any amended schedule so filed shall become
20 effective on the first day of the calendar month following the filing
21 thereof and shall be in effect until the effective date of the next
22 filing.
23 § 3. This act shall take effect immediately.
