Second Empire Wine Bill Vetoed

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On Friday, November 4, New York Governor Andrew M. Cuomo vetoed Assembly Bill 10248 (“A10248,” same as Senate Bill 7728), a legislative measure that would have curtailed the State Liquor Authority’s jurisdiction over out-of-state activities.[1] A10248 was Assembly Member Phil Steck’s second attempt to clarify the conditions under which the State Liquor Authority (“NYSLA”) may punish a licensee or permittee for conduct that occurs outside of New York. A10248 and its predecessor, Assembly Bill 5920 (“A5920”), were precipitated by a long, bitter dispute between the State Liquor Authority (“NYSLA”) and Albany wine and liquor retailer Empire Wine (“Empire”). It is unclear at this point how NYSLA, Empire, and the Legislature will proceed.

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Private Collection Wine Sales Safe. . . For Now

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Last fall, the New York State Liquor Authority (“NYSLA”) caused a stir in the fine wine market when it proposed to limit the sale of private collection wines. In a draft advisory intended “to provide guidance to manufacturers, wholesalers and retailers of wine or liquor with respect to proper purchase and sale of private collection wines and liquors,” NYSLA set forth a narrow and perplexing definition of “private collection wine.” This definition would have reduced the amount of wine that could be sold without a license. Now, the Authority has backed away from its plan to rein in these transactions.

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Shortening NYSLA's Long Arm: Senate Bill 7728

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On Thursday, New York State Senator Phil Boyle introduced legislation that would limit the circumstances under which the State Liquor Authority (“NYSLA”) may penalize licensees[1] for perceived violations of other states’ laws.[2] The measure, Senate Bill 7728 (S.7728), is currently under consideration in the Committee on Investigations and Government Operations. If you are experiencing déjà vu, you are not crazy; similar legislation was introduced last year in response to the Empire Wine interstate alcohol shipment controversy.

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Empire Wine Bill Sent to Governor Cuomo

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This week marks another development in the Empire Wine saga. On Monday, the bill that would limit the power of the New York State Liquor Authority (“NYSLA”) to enforce other states’ laws was delivered to Governor Cuomo. Introduced in March by Assembly Member Phil Steck (D-Colonie), Assembly Bill 5920A (A.5920A), would prohibit NYSLA from penalizing licensees for violating the laws of other states, unless the conduct in question (1) is a violation of the New York alcoholic beverage control law or (2) has resulted in a criminal conviction in another state.[1] The Governor has until December 11th to sign or veto the bill. If he takes no action, the bill will automatically become law.

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