Legislation to clarify the State Liquor Authority’s (SLA) jurisdiction, which was introduced by Assemblymember Phil Steck (D-Colonie), has moved out of the Assembly Economic Development Committee (A.5920). The legislation was penned to address the SLA’s targeting of a local business, Empire Wine in Colonie.

Emails have shown that the SLA initiated investigations into out-of-state shipments made by a local retailer.¹ The SLA is taking these actions based on vague terminology, citing “improper conduct by the licensee” in its attempt to penalize local retailers for doing business in other states. Steck’s bill would clarify that enforcement of other states’ laws is not the responsibility of the SLA, and if violations do occur, the merchant must be given the opportunity to be heard and to defend themselves in the relevant jurisdiction before the SLA takes action.

“This bill is about due process,” said Assemblymember Steck. “The New York State Liquor Authority is exercising extreme overreach by attempting to enforce out-of-state laws, for which they hold no jurisdiction.”

“We are grateful for Assemblymember Steck's strong advocacy on behalf of New York businesses like our own, ensuring that we have access to due process. This is common sense legislation that protects New York business from overzealous state regulators, who instead of helping to promote New York wines and entrepreneurialism, are snuffing out jobs and growth by attempting to use out of state laws to penalize in-state businesses,” said Brad Junco, owner of Empire Wine.

“NFIB supports this legislation as a sensible approach to lessening the regulatory hurdles small employers face, particularly with the State Liquor Authority. We appreciate the leadership by Assemblymember Steck and Senator Boyle and strongly encourage this bill to continue through the legislative process,” said NFIB/NY State Director Mike Durant.

Industry leaders, including the American Wine Consumer Coalition (AWCC), National Association of Wine Retailers (NAWR), National Federation of Independent Business (NFIB) and The Business Council of New York State, have all voiced their support for Assemblymember Steck’s bill, calling for “a predictable regulatory environment” and denouncing the SLA’s action as “an arbitrary attempt to penalize New York wine retailers.”

“The SLA went out of its way to single out and penalize a local employer – which is unacceptable,” said Assemblymember Steck. “I’ll continue working with my colleagues to protect our local businesses so they can continue to grow and thrive.”

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