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Final Report Part One

Final Report Part One

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Published by Casey Seiler

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Published by: Casey Seiler on Oct 01, 2009
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10/20/2011

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THE NEW YORK STATE LAW REVISION COMMISSIONREPORTon theALCOHOLIC BEVERAGE CONTROL LAWand itsADMINISTRATIONSeptember 30, 2009
* * * * * * *
 
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New York State Law Revision Commission80 New Scotland AvenueAlbany, New York 1220518 - 472 - 5858
 Members of the Commission
Professor Robert M. Pitler, ChairmanProfessor Michael J. HutterJohn E. Ryan, Esq.John A. Cirando, Esq.Professor Jay C. Carlisle, II
 Ex Officio Members of the Commission
John L. Sampson,
 
Chairman, Senate Judiciary CommitteeHelene E. Weinstein, Chairwoman, Assembly Judiciary CommitteeEric T. Schneiderman,
 
Chairman, Senate Codes CommitteeJoseph R. Lentol, Chairman, Assembly Codes Committee
Commission Staff 
Rose Mary Bailly, Esq., Executive DirectorBarbara S. Hancock, Esq., CounselCharis Nick Torok, Esq., Staff Attorney
 
The State Liquor Authority is the head of the Alcoholic Beverage Control Division of the
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Executive Department. ABC Law §10
.
For the sake of convenience, we will refer to the Division and the SLA asthe SLA.
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INTRODUCTION
Over the past two years, the New York State Law Revision Commission has beenexamining the Alcoholic Beverage Control Law and its administration by the State Liquor Authority. The Commission has focused on the SLA’s historical and present day role in
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regulating alcoholic beverages. We have also conducted a detailed study of New York's ABCLaws, including the need for, and scope of, any continued regulation. We are delivering our Final Report in two discrete components. Part One contained herein will address the problemswith the administration of the ABC Law by the SLA. Part Two, to be completed no later thanmid-December, will address the need for and scope of regulation, and substantive changes in thegoverning statutes and regulations, as well as the need for the law’s reorganization andmodernization.In addition to reviewing the text of the law and other documents, we conducted hundredsof hours of interviews, conversations and public meetings with current and former SLACommissioners and staff, other state agencies, including the New York State Office of Alcoholand Substance Abuse Services, the Department of Taxation and Finance, the Department of Agriculture and Markets, and the Division of the Budget, legislators and legislative staff, stateand local law enforcement agencies, attorneys who practice in the field of ABC law, academicswith expertise in beverage control laws, and stakeholders in New York's three-tier system of alcohol beverage control (producers, wholesalers, and retailers). With respect to the three-tier system, we heard from and listened to owners and representatives of restaurants, taverns, wine bars, entertainment venues, groceries, small and large liquor and wine retailers, conveniencestores, beer wholesalers with a retail privilege, special licensees, and bowling centers, and largeand small wine, liquor and beer wholesalers and producers, including small in-state wineries,craft brewers and distillers. Finally, we solicited the views of concerned citizens and communityleaders about quality of life in their neighborhoods, as well as public health professionals and

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