Shortening NYSLA's Long Arm: Senate Bill 7728

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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Comment

2016 Policy and Budget Preview

Governor Cuomo gave his State of the State address and released his proposed Executive Budget for Fiscal Year 2017 last week, announcing his priorities for the year and setting the stage for important budget and policy discussions. One of the Governor’s goals for this fiscal year is to expand New York’s craft beverage industry, and he has proposed a number of investments and legislative changes to facilitate that expansion. Perhaps the most intriguing item for the wine industry is the modernization of the 81-year-old Alcoholic Beverage Control (“ABC”) Law, including by addressing e-commerce. Read on for a summary of a few of the Governor’s proposals. As always, refer to the Division of the Budget for complete information.

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Update on the Empire Wine Saga

In September, I wrote about Empire Wine & Spirits’ Article 78 lawsuit against the State Liquor Authority ("NYSLA") challenging the agency's initiation of proceedings against the Albany wine seller. On November 18, the Albany County Supreme Court dismissed that lawsuit without prejudice.[1] Let's review the court's eleven-page decision.

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