New York A 7639: Enacts the birds and bees protection act

Bill Text

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A07639 Summary:

BILL NOA07639 

&nbsp

SAME ASSAME AS S00370

&nbsp

SPONSORStirpe

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §106-c, ABC L

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Allows certain licensees to form cooperative agreements to make joint purchases of alcoholic beverages provided that such agreement and activity conform to certain standards.

Go to top A07639 Actions:

BILL NOA07639 

&nbsp

04/04/2025referred to economic development

01/07/2026referred to economic development

Go to topA07639 Committee&nbspVotes:

Go to topA07639 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07639 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7639

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 4, 2025
 ___________

 Introduced by M. of A. STIRPE -- read once and referred to the Committee
 on Economic Development

 AN ACT to amend the alcoholic beverage control law, in relation to
 allowing cooperative agreements by licensees to sell wine or liquor at
 retail for consumption off the premises

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The alcoholic beverage control law is amended by adding a
 2 new section 106-c to read as follows:
 3 § 106-c. Cooperative agreements by licensees to sell wine or liquor at
 4 retail for consumption off the premises. No more than ten licensees with
 5 licenses for the sale at retail of wine or liquor for off-premises
 6 consumption as established in section sixty-three or section seventy-
 7 nine of this chapter, may join a cooperative agreement to make joint
 8 purchases of alcoholic beverages, provided that such agreement and
 9 activity shall conform to the following standards:
 10 1. The cooperative may hire employees to act in an administrative or
 11 management capacity for the cooperative's purchase, storage and trans-
 12 portation of alcoholic beverages. Such employees shall be in compliance
 13 with sections one hundred twenty-six and one hundred twenty-eight of
 14 this article;
 15 2. No cooperative agreement shall prohibit any licensee from joining
 16 any other cooperative agreement;
 17 3. No cooperative agreement shall prohibit any retailer from advertis-
 18 ing or selling any product at any otherwise lawful price;
 19 4. Any licensee may withdraw from a cooperative agreement within thir-
 20 ty days of forming such cooperative by written notice to the remaining
 21 participating members of such cooperative and no penalties shall be
 22 charged for such withdrawal;
 23 5. All purchases on credit through or by cooperative agreement shall
 24 be reduced to writing, signed by the wholesaler and each individual

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01431-01-5

 A. 7639 2

 1 participating member of the cooperative and be consistent with sections
 2 one hundred one-aa and one hundred one-aaa of this article. All credit
 3 terms shall include adequate assurances of payment by each individual
 4 participating member of the cooperative by either the posting of a bond
 5 by the cooperative member or a provision that each member of the cooper-
 6 ative shall be jointly and severally liable for payment for the
 7 purchases made through the cooperative. A copy of such written agree-
 8 ments shall be maintained by the wholesaler and by the registered buying
 9 cooperative member;
 10 6. All individual purchases through or by cooperative agreement shall
 11 be separately invoiced consistent with sections one hundred one-aa and
 12 one hundred one-aaa of this article and shall contain the cooperative's
 13 registration number;
 14 7. All purchases through or by a cooperative agreement shall be trans-
 15 ported consistent with section one hundred seventeen of this article;
 16 8. No licensed party to a cooperative agreement shall commingle inven-
 17 tory, funds or other assets inconsistent with any section of this chap-
 18 ter;
 19 9. Any purchase or transfer in violation of any section of this chap-
 20 ter or the regulations promulgated thereunder, shall be a violation by
 21 all members of the cooperative purchase agreement;
 22 10. Nothing herein shall be deemed to require the servicing of any
 23 cooperative