ABC Law Review Begins

The state’s Law Review Commission has wasted no time getting started with their review of the Alcoholic Beverage Control Law. The Commission had an extended conversation with State Liquor Authority CEO Joshua Toas and Counsel Tom Donahue at the end of September. The SLA officials provided a good background for the Commission on the Alcoholic Beverage Control Law and the role of the State Liquor Authority in regulating our industry in New York. The theme of the Liquor Authority’s presentation was that the law needs to be modernized in order to reflect current expectations – to protect the public health, safety and welfare.

Our association has been invited to meet with representatives of the Law Review Commission later this month to provide our input into their deliberations. We will be sounding a similar theme as the State Liquor Authority – that the ABC law was written to reflect the prohibition era and needs to be updated to address the concerns of protecting the public. Our testimony will emphasize the need to address the rules governing gifts and service to retailers, institute a population based limitation on liquor licenses, eliminate provisions of the law not closely related to the Authority’s core mission (such as fruit flies, gambling, and other laws enforced by other agencies) and to redesign the Liquor Authority’s regulatory approach to shift to place greater emphasis on gaining compliance with the law rather than on disciplining violators. The Commission is due to publish a preliminary report by March 1, 2008 and a final report by September 1, 2008 which means that the legislature will most likely take it up for consideration during the 2009 state legislative session.