Empire Wine Legislation Passes Assembly

Steck legislation to protect local businesses passes New York State Assembly

The New York State Assembly passed Assemblymember Steck’s legislation to protect New York wine retailers from State Liquor Authority (SLA) overreach (A.5920-A). The bill was introduced after the SLA unfairly targeted a local business, Empire Wine in Colonie, Steck noted.

“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.”

Emails have shown that the SLA initiated investigations into out-of-state shipments made by Empire Wine, even though the states it was shipping to did not present charges or take action themselves against the local retailer.1 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.

For the last six months, the SLA has refused to produce four of their employees as witnesses in Empire Wine’s administrative hearing. The SLA was recently ordered by the State Supreme Court to comply with subpoenas issued by Empire Wine.

“This bill is about due process,” said Assemblymember Steck. “The New York State Liquor Authority is overstepping the bounds of its authority by attempting to enforce out-of-state laws for which they hold no jurisdiction. Anytime there is an abuse of power by an administrative agency, it is incumbent on the legislature to intervene.”

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 Steck’s bill. The legislation is being carried in the state Senate by Senator Phil Boyle (R-Bay Shore) (S.4446-A).

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1. blog.timesunion.com/capitol/archives/231585/empire-wine-emails-show-sla-sicced-out-of-state-regulators-on-us