STATE OF NEW YORK
________________________________________________________________________
4926
2023-2024 Regular Sessions
IN SENATE
February 17, 2023
___________
Introduced by Sen. SEPULVEDA -- 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
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-h 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06402-01-3
S. 4926 2
1 cia of an association with a retailer is a willful intent to violate the
2 law within this subdivision.
3 § 3. This act shall take effect immediately.
