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METRO NE W S
May 2011
Why Social Connections are
Important Business Tools
By Michael Correra,
Executive Director, Metro
We all hear the term “social media”
but some of us remain a bit perplexed
at how that fits into our daily lives
both personally and professionally.
Social media basically means staying
connected. It is so important in
today’s fast-paced and highly technical
world to remain competitive, in-
formed, and involved, but more im-
portantly, connected to each other.
With outlets such as Facebook and
Legislative Update
By Todd Vandervort
As expected, Assemblyman Morelle
(D-Rochester) and Senator O’Mara
(R-Elmira) have introduced a bill
(A.7659 / S.5358) that allows wine in
grocery stores. It also allows liquor
stores to sell complementary items
such as soda, juice, cigars, locally-
grown farm products, and wine re-
frigerators, and allows ATM machines
in liquor stores. The bill does not in-
clude a medallion system like last
year’s bill, but it increases fees for gro-
cery stores and takes 10% of the
money from the fees and dedicates up
to $1 million to a New York wine
marketing and promotion program,
and up to $2 million to farmland pro-
tection efforts. Senator O’Mara is the
lone sponsor in the Senate and there
Twitter, people can stay connected to
people they haven’t seen since child-
hood or they can “follow” each other
as we carry out our daily lives. Smart
Phone technology is emerging in the
market as the main technology plat-
form, opening doors to apps, shop-
ping, and search engines to just about
anything, anywhere you go at your fin-
gertips.
As an Association, Metro uses social
media for networking, education and
outreach. Metro’s main sources of so-
cial media are email, the eblasting no-
are only three sponsors in the Assem-
bly (Morelle, Bing and Jeffries). This
is far fewer sponsors than previous
years.
Since the beginning of session, we
have been preparing for this issue to
come up in the form of legislation.
The opposition has been working to
convince legislators that selling wine
in grocery stores will save our strug-
gling farms. We have met with leaders
in both houses and the Legislature to
reconfirm our opposition to wine in
grocery stores and to ensure that
when a bill was introduced, it did not
have the support from liquor stores.
They remain sympathetic to our po-
sition and we continue to have strong
support from the Senate Republicans
and many Assembly Democrats, as
tification system, our
website and newsletter. These for-
mats keep us connected with our
membership, our industry leaders, and
those in our professional circles.
Every time that Metro sends an eblast,
it reaches hundreds of people.
Staying connected using social media
also unifies us among the three tiers
of our industry and with state govern-
ment. Wholesalers, suppliers, and
even the SLA have used Metro’s social
media resources to help them get
continued on page 7
well as the leaders, but we must keep
our message strong.
Please start contacting your Senator
and Assembly Member to remind
them that we do not support this bill,
or any proposals that would allow
wine sales in grocery stores. We need
the Legislature to know that we are
still here fighting for this issue as
strongly as we have in the past. Our
Coalition partners will be working
with us to reinforce our message.
The wineries have been busy working
on legislation that would create a New
York Wine Council to help market,
advertise and promote New York
wines. This state-sponsored promo-
tion, if enacted, would employ a pow-
erful campaign to drive more New
Yorkers to select New York wines,
continued on page 3
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MAY SPECIAL
See Your Southern Sales Rep for
SVEDKA’s Deepest Discount Month Ever
5_11_Final:Layout 1 5/24/11 3:39 PM Page 3

Legislative Update Continued

which in turn will create more jobs and revenues for our State.
Other states spend millions of dollars on marketing and branding
their wines. New York falls far short of that and actually does
very little to promote its wines – many of which are award-win-
ning. You can help them by creating a New York Wines section
in your store, and urging your customers to buy local and support Save the
New York wineries.
There have been a few other bills introduced this session that we Date!
have been actively working on, including legislation that gives NYS
Liquor Authority Chairman Dennis Rosen administrative author-
ity, which would allow him to hire and fire and carry out daily
tasks within his agency. We will be supporting this legislation to Metro’s 77th
Annual Dinner
allow Chairman Rosen to manage his own agency on administra-
tive matters.
In addition, we are working closely with the SLA on price posting,
the COD issue, and several other initiatives that impact our in- October 24, 2011
dustry. We have enjoyed a great working relationship with both
the Chairman and the SLA staff and will continue to make posi- 6:00 pm
tive changes to the way we do business with the suppliers, whole-
salers, and the agencies that enforce the laws for our industry. Glen Island Harbour
As we head into the final days of the session, we will send out
emails and eblasts so please be sure that we have your email ad-
Club New Rochelle
dress on file. It is the fastest and most effective way to reach This is our industry's premier event
everyone quickly and get the best response. Don’t be left out! Join that brings together retailers,
your fellow retailers in our efforts to fight wine in grocery stores
once and for all and to keep informed and involved in everything suppliers, wholesalers, and
Metro is doing for you! executives for an evening of
entertainment and enjoyment.
Underage Drinking Focus of Last year more than 550 industry
representatives came together to
Upcoming Hearing enjoy great food, fine wines and spir-
The Assembly Committee on Alcoholism and Drug Abuse is its, and the opportunity to mingle
holding a hearing on May 25th in Albany to invite testifiers to dis- with the three tiers of our industry.
cuss the issues related to the prevention of underage alcohol con-
sumption. The hearing will allow the Committee to identify Don't miss out on this
current prevention strategies and assess their effectiveness in
reducing underage alcohol consumption. It will also explore the year's dinner.
need to enhance prevention services and examine the impacts of
public policy and legislative proposals on underage drinking. Mark your calendars and watch for
The NYS Office of Alcoholism and Substance Abuse Services more information coming soon.
(OASAS) recognized April as Alcohol Awareness Month in an ef- To reserve your seat or table now,
fort to step up the awareness and prevention of underage drink- call the Metro Office at
ing. Now more than ever, this issue is being discussed. With
proposals such as wine in grocery stores still being 866.989.9006
considered,
continued on page 13

Metropolitan Package Store Association 3

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ABL Federal Update

By John Bodnovich, Executive Director

With the 112th Congress in full-swing, a number of alcohol and small-

business issues have cropped up in Congress. As your
national organization with a presence in the nation’s capital, ABL has
been monitoring legislation, organizing grassroots advocacy and wor-
ing on behalf of beverage alcohol retail licensees.

Swipe Battle Intensifies as Big Banks Move to Delay Reform

Beverage retailers have joined with merchants of all stripes and sizes to support the implementation of rules governing debit
card swipe fees imposed on retailers by big banks and credit card companies. The passage of the financial reform bill last
year, which included the critical “Durbin Amendment”, called for the Federal Reserve to study and recommend fair and rea-
sonable debit card interchange fees.
Since January, the big banks and credit card companies have launched an all-out assault on the pending rules. The latest salvo
in this fight came on March 15 with the introduction of the Debit Interchange Fee Study Act of 2011 (S.575) in the Senate.
The bill was introduced by Sens. Bob Corker (R-TN) and Jon Tester (D-MT) and would suspend for two years the implemen-
tation of a provision in the 2010 financial regulatory overhaul limiting the fees that banks can charge retailers for processing
debit card payments. It also would require a study of the “interchange” fee issue.
The House followed suit the same day with the introduction of a similar bill titled the Consumers Payment System Protection
Act (H.R.1081). The House bill would delay the rule for one year rather than the two. The Senate bill has 16 cosponsors
while the House bill currently has 84 cosponsors.
The retail community and beverage alcohol retailers have been fighting back and asking Members of Congress to refrain from
cosponsoring these bills. Senator Dick Durbin (D-IL) has spoken out strongly against the delay legislation and attempts to
derail the debit card swipe fee reform process.
In a statement on the Senate delay legislation, Senator Durbin stated that, “Every month we delay limiting the amount banks
and credit card companies charge merchants means another $1.3 billion bailout for Visa, MasterCard and their big bank allies.
The $13 trillion banking industry doesn’t need another handout - especially one paid for by small business and American con-
sumers. He also noted that “Of the $16.2 billion in annual fees, half is estimated to go to just ten giant banks.”
ABL members have been actively engaged in the fight with groups of licensees from Wisconsin and Wyoming flying into
Washington to meet with their delegations to press the issue. During the ABL Spring Board of Directors meeting in March,
ABL members made visits to Capitol Hill to make the case for merchants and their customers. Beverage retailers will continue
to be called upon to keep up the fight until the final rules are implemented, hopefully in July, and ABL will continue its coalition
efforts to make sure debit card swipe fee reform becomes a reality.
CARE Act Reintroduced in Congress
The Community Alcohol Regulatory Effectiveness (CARE) Act of 2011 (H.R.1161) was introduced on March 17th in the
House of Representatives by Rep. Jason Chaffetz (R-UT). He was joined by Reps. Bruce Braley (D-IA), Howard Coble (R-
NC), John Conyers (D-MI), Ted Deutch (D-FL), Jim Jordan (R-OH), Dennis Ross (R-FL) and Debbie Wasserman Schultz
(D-FL). First introduced in 2010 as the Comprehensive Alcohol Regulatory Effectiveness Act, this year’s version contains
language similar to that offered as an amendment to the original language last year.

ABL Federal
continued on page 5
4 Metropolitan Package Store Association
5_11_Final:Layout 1 5/24/11 3:39 PM Page 5
Is there an App
for that?
Know of any good apps for wine and
spirits that you want to share?
Send your favorite app to Metro at
metropsa@metropsa.org and we will post
them on our website.
Here is a look at the hot new 2011 iphone
apps for wine in a variety of categories.
You can try them out yourself by visiting:
http://www.vintank.com/2011iphoneapps/
Metropolitan Package Store Association3
ABL Federal
Update
Continued
The CARE Act’s primary stated purpose
is to “recognize and reaffirm that
alcohol is different from other consumer
products and that it should continue to be
regulated by the States” by amending the
Webb-Kenyon Act to include:
“SEC. 3. SUPPORT FOR STATE
ALCOHOL REGULATION.
“(a) DECLARATION OF POLICY— It
is the policy of Congress to recognize and
reaffirm that alcohol is different from
other consumer products and it should
continue to be regulated by the States.
The CARE Act once again has the strong
support of the wholesale tier of the bev-
erage alcohol industry, and is strongly op-
posed by the supplier tier of the industry.
To date, no national alcohol retailer organ-
ization has gone on the record as support-
ing or opposing the legislation, including
ABL. The bill currently has 57 cospon-
sors in the House or Representatives. No
hearings on the legislation have been
scheduled at this time.
5
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Why Join Metro?

We realize that there are many organizations and causes that you are asked to join each year and
you may wonder which ones truly offer you the best value and service that you deserve – especially
in these tough economic times. Metro wants to earn your membership. Once you join, you will see
that we are a good investment. We hope you will allow us to be your advocate, your voice, and
your partner.

TOP 10 REASONS TO JOIN

1. Metro is your voice in State Government all year round. We don’t stop advocating for you when
session ends, or when the issue dies down.
2. With a presence in Albany 2 blocks from the State Liquor Authority office, Metro can be helpful
with your licensing and renewal issues.
3. Metro offers great member benefits including:
• A health plan for you, your family and your employees
• Discounted credit card processing, statutory disability and workers compensation
using our preferred vendor
• Cash back and deep discounts on energy using our preferred vendor and your
existing energy provider
4. Metro has an unmatched communication link to its members via emails and newsletters, offering
updates on what is happening in NYS government, State agencies, and in the newspapers.
5. Using Metro’s lobbyist, we fight for or against legislation and regulations that change the way
we do business, including wine in grocery stores.
6. On behalf of its members, Metro works on a variety of key issues that impact our industry. We
don’t limit our scope to one issue.
7. Members benefit from our partnerships and alliances with the American Beverage Licensees, the
National Federation of Independent Business, and the Last Store on Main Street.
8. Metro has a rich, long-standing history and strong presence in New York State going back to 1934.
9. Metro’s Political Action Fund gives our membership recognition at all levels of government to
protect our interests.
10. Metro’s Annual Dinner is a very unique opportunity to mingle with wholesalers, suppliers and
executives – giving open access to representatives from the sales force to the top level executives.

Join or Renew Your Membership Today!

Call 866.989.9006 or visit www.metropsa.org
Join your fellow retailers and help us help you

6 Metropolitan Package Store Association

5_11_Final:Layout 1 5/24/11 3:39 PM Page 7

Executive Director Update Continued

information out to the masses, knowing that one of Metro’s eblasts can reach
so many people. Wholesalers that want to market a product or offer special
pricing can let retailers know simply with a push of a button.
Technology has also changed the way information flows between customers
and businesses. Customers and businesses are now socially connected. Using
social media tools also makes our customers smarter shoppers. For example,
when a customer wants to find a cabernet for under $15 that has a high rating,
they simply use one of the available smart phone apps, Facebook, Twitter or
blogs to narrow down their selection and when they come into our stores, they
are already informed and know exactly what they want to buy. In
Brands are being built and defined by customers as much as by suppliers. Peo-
ple are sharing their wine tasting experiences with others on social media outlets Remembrance
and encouraging sales through personal recommendations every day. This is
why it is so important to keep up with the technological advancements and so-
of
cial media tools available to us.
Almost daily Metro reaches out to its expansive network via the eblast notifi- MaryAnn
cation system with updates on new rulings from the SLA, events, product pro-
motion, discounts from your suppliers, the political scene, and so much more. McDevitt
For example, when the SLA announced that they were allowing the new email
based COD system, Metro was able to get the news to hundreds of retailers, Our heartfelt
wholesalers, and suppliers and has offered to serve as a conduit in the process.
Metro will be going live with a Facebook page shortly to help us connect with
condolences go out
more members and so many others that want to be a part of our network. to the children and
Facebook can facilitate communications using message boards, discussions,
advertising and sharing of ideas. In addition, we can use Facebook to expand
family of MaryAnn
our outreach on our issues such as wine in grocery stores so that when we need McDevitt, who passed
to do another campaign of writing to legislators and the Governor; if the op-
position mounts a campaign against us; or a legislator attempts to push a bill
suddenly on April 26,
through at the last minute, we have immediate access to an entire network of 2011. MaryAnn was
supporters. The more people we have connected together as an Association
and with the Retailers Alliance, Last Store on Main Street, and the NYS Liquor
predeceased by her
Store Association the bigger and better our responses will be and the louder husband Bill in 2008
we will be heard.
and is survived by
If you have not been receiving our emails, you are missing out on some good
information that can really help your business. All you need to do to be part her three children.
of this free service is give us your email address. We will not share your infor-
mation with anyone else, and if you are not happy with the information you
are receiving, you can opt out at any time. You can go to Metro’s website at
www.metropsa.org and simply enter your email address on the home page on
the “Latest News and Updates” button or email your contact information to
metropsa@metropsa.org. Please give us a try! Let us serve you better by get-
ting information to you. You will be glad you did.

Metropolitan Package Store Association3 7

5_11_Final:Layout 1 5/24/11 3:39 PM Page 8

This Spring Go Green!

Choose the Energy Plus®
Green Option
As spring begins to blossom, it’s time to think
about how you can do your part to make the
world greener. Now more than ever it is
important for consumers to consider the
environment when it comes to using electricity.To
help members, MPSA has teamed up with Energy
Plus® to offer a unique program that
includes annual Cash Back while supporting 100%
wind generated power- one of the
cleanest forms of energy available. With Energy
Plus, it is easy being green!
When you choose Energy Plus as your electricity
supplier and enroll in the green option, you will be
directly reducing our nation's requirement for
electricity generated from the combustion of fossil
fuels. In addition to helping out the
environment, you can enroll your business to
receive a $50 Activation Bonus AND an
automatic 3%-8% Cash Back rebate on your
annual electricity supply charges. You can also sign
up your home to receive a $25 Activation Bonus
and annual Cash Back rebates of 2%.
The best part is that you can try Energy Plus risk-
free. There are no changes to your
service- your utility company will continue to
deliver your electricity, mail your bill, read your
meter, and handle any power outages. Also, there
are no sign-up fees, cancellation fees, or long-term
commitments. Once you enroll with Energy Plus,
you’ll be receiving a market-rate product that fluc-
tuates from month to month according to the
market price of electricity. The market rate may
be lower or higher than that of your current sup-
plier in any given month, but you’ll be automatically
earning annual Cash Back- something unique to
the Energy Plus program.
To be eligible you just need an address within the
Energy Plus service area, which covers all of New
York State, except areas covered by the Long Is-
land Power Authority (LIPA).
Sign up today to start earning Cash Back!
Visit www.EnergyPlusRewards.com/MPSA233 or
Call 877-770-3372 and mention Offer Code
“MSA-0233.”

8 Metropolitan Package Store Association

5_11_Final:Layout 1 5/24/11 3:39 PM Page 9

New Voluntary System for COD Remedy

At their April 27th Full Board Meeting, the SLA approved an optional new email-based system to allow retailers to re-
ceive notices and information from wholesalers. Wholesalers and their sales force will be collecting emails from
retailers that choose to participate in the program. Within ten days of providing the email address, the wholesaler will
send the retailer a test email. The retailer must contact the wholesaler if they have not received a test email within the
ten days.
Once the email communication has been confirmed, on or before the Final Payment Date (30 days from delivery) the
wholesaler will email the retailer (“First Notice”) a list of invoices that are due on the Final Payment Date, as well as
the Notification Date and a statement that the retailer will be placed on the Delinquent List if payment of all out-
standing invoices has not been received by the Notification Date. If payment in full listed on the First Notice has not
been made by the retailer, the wholesaler will report the delinquency to the NYS Liquor Authority on the Notification
Date, and a copy will be sent to the retailer.
If there is a dispute regarding payment made, amount charged, or quantity sold or delivered, if the wholesaler validates
the dispute and the retailer has paid undisputed charges, the wholesaler will delay giving notice of delinquency to the
SLA for up to seven calendar days while the claim is investigated and resolved. Any adjustments will then be made.
If the wholesaler does not believe the dispute is valid, within seven days from the original Notification Date, the
wholesaler will send the retailer an email stating the balance due and will notify the SLA that the retailer has been
placed on the Default List.
If the dispute is not resolved, the retailer will notify the SLA, who may conduct an investigation. Notice will be given
by email to both the retailer and the wholesaler stating that they have five business days to provide evidence related to
the dispute. The SLA will then make a determination based on the information they receive from both parties.
For more details on the new program, visit the NYS Liquor Authority website to view the Advisory
(http://abc.state.ny.us/system/files/AdjustDelinquentListReporting-050211.pdf), or go to Metro’s website
(www.metropsa.org) for a convenient link to the Advisory.

Metropolitan Package Store Association 9

5_11_Final:Layout 1 5/24/11 3:39 PM Page 10
Know the Rules
ATMs are Not Allowed in
Package Stores
The NYS Liquor Authority has been out enforcing the law
that states that liquor stores may NOT have an ATM ma-
chine in their stores because it constitutes being engaged
in a secondary business. The SLA is citing stores found
to be in violation of this law.
Anyone who was unfamiliar with this aspect of the law or
needs clarification on what the law says you can and can-
not sell, you may refer to the language below or call the
Metro Office at 866.989.9006 to ensure that we are all in
compliance with the laws at all times.
Section 63 (4) of the Alcoholic Beverage Control
Law states:
No licensee under this section shall be engaged in any
other business on the licensed premises. The sale of lot-
tery tickets, when duly authorized and lawfully conducted,
the sale of corkscrews or the sale of ice or the sale of pub-
lications, including prerecorded video and/or audio cas-
sette tapes, designed to help educate consumers in their
knowledge and appreciation of wine and wine products,
as defined in section three of this chapter, or the sale of
non-carbonated, non-flavored mineral waters, spring wa-
ters and drinking waters or the sale of glasses designed for
the consumption of wine, racks designed for the storage
of wine, and devices designed to minimize oxidation in
bottles of wine which have been uncorked, shall not con-
stitute engaging in another business within the meaning
of this subdivision.
Returns of Unopened Alcoholic
Beverages
Allowable under New Ruling by SLA Chairman
According to a ruling by the NYS Liquor Authority Chair-
man Dennis Rosen, “liquor stores, grocery stores and
other retailers licensed to sell liquor, wine, beer and wine
products for off premises consumption may, at their dis-
cretion, exchange or refund unopened returns from their
customers”.
This is not mandatory, but it gives retailers the option of
following this new return policy as long as the bottle they
are accepting back is unopened and has not been tam-
pered with. Whatever return policy the retailer chooses
to follow must be conspicuously posted in their store
clearly stating the terms of their refund policy.
Merchants that choose not to accept returns must post a
“no refund or return” policy.
10
According to the NYS Division of Consumer
Protection, here are the rules on returns:
• Merchants must clearly post their refund policies.
• If a refund policy is not posted, consumers have 30 days
from the date of purchase to receive a full refund as long
as they can show with their receipt, or any other confir-
mation given by the merchant, that the 30 days have not
elapsed.
• Merchants are not required to accept returns or make re-
funds if they post a "no-refund or return" policy. How-
ever, even if a store has a “no return” policy, consumers
always have the right to return damaged or defective
merchandise and obtain a refund.
• Retailers must make a written copy of their refund
policy available upon request and post such availability
on their refund policy signage.
• Refund policy signage must provide consumers with ad-
vance notice if the return of any purchase is subject to
fees, and set forth the exact dollar or percentage amount
of such fees. This includes disclosing restocking fees,
which are defined as "any amount charged by a seller for
accepting returned merchandise and issuing a refund or
credit."
Renewals
Beginning with the May 1, 2011 renewal period, applicants
will receive a notice in the mail advising them that it is time
to renew their license. The notice will provide instructions
to applicants on how to download the renewal application
along with a list of documents/information that is to be
submitted with the application as well as the appropriate
fee and the effective/expiration dates for the upcoming
license period.
Metropolitan Package Store Association
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Improvements at the SLA Show

Promise of Real Reform
Editorial By Margaret Vandervort
When New York State Liquor Authority (SLA) Chairman, Dennis Rosen, took con- MArketing
trol of the SLA, he promised to reform the agency, eliminate the backlog of liquor
license applications, and rid the agency of its reputation of corruption and poor en- with
Metro
forcement. This was a tall order. Working with bureaucratic agencies can make any-
one a skeptic, but Chairman Rosen has proven to be a man of his word – and then
some!
Not only did he cut the backlog of licenses, he rescinded more than 1,500 outdated Let Metro help you get your
divisional orders, enhanced the renewal processes, streamlined the application message out to over 1,700
process, and implemented administrative reforms to increase efficiency and account- downstate retailers, more than
ability. He committed to turn the SLA around to a positive and helpful agency that 600 industry related
is willing to address statutory inconsistencies and laws that just don’t make sense
anymore in today’s world.
organizations and the three tiers
One perfect example is the gift bags law. According to New York state law, selling of our industry
gift bags in a liquor store constitutes running a second business, which can be pe- *Our Outreach
nalized with a hefty fine, as was evidenced by a store in Rochester, NY. Chairman
Rosen heard from industry leaders, including Metro, about the concerns that this
is Continually Growing*
law was hurting holiday and special occasion gift sales and was over regulating the Metro has an unmatched
industry. As a result, the Chairman reconsidered the agency’s position and prior to connection via its website,
the holidays last year, he announced that liquor stores may provide gift wrapping
and packaging along with the sale of wine as long as they sell the packaging at cost
newsletter and eblast system
and do not make a profit from it. that reaches all tiers of our
More recently, Chairman Rosen notified retailers that they can now accept returns industry including:
of unopened alcoholic beverages for exchange or refund. This change gives liquor
stores the option of accepting returns as long as the bottle has not been opened or
• Downstate retailers
tampered with, giving them the same rights that other retailers in this State have. • Suppliers
However, please keep in mind that stores must post their return policy in a conspic- • Wholesalers
uous place, such as near the cash register or front entrance to the store – even if • Other industry representatives
you post a “no return” policy.
Chairman Rosen has also proactively reached out to our industry to get our input If you have an upcoming event, a
on various initiatives and proposed changes to incorporate our input and feedback product you are promoting, an
into his decision-making. For example, he held a roundtable discussion on the new article for our newsletter, or a
Geographic Information System (GIS) prior to its implementation to assess the im- message you would like to get
pacts this would have on retail licensees. GIS can be used to find pertinent geo-
graphical location information such as number of licensees in any given area, as well
out to our contacts, please call
as proximity to churches and schools. This new tool will be available on the SLA Margaret at the Metro Office at
website for the public’s use and will be particularly useful to New York City com- 866.989.9006; email your
munity boards and others who may be concerned about the number of liquor li- request to
censes in an area, and to retailers looking to open or move a store location. metropsa@metropsa.org; or visit
In addition, the Chairman has streamlined the way calls are being received by the
the Sponsor Page on our
SLA. They have implemented a new call routing system that directs each caller based
on the service they need. This new system has proven to be very effective and allows website for rates and availability.
callers to dial in to one main number and be routed expeditiously to the intended If you are not on our eblast
department or personnel. This has made the SLA much more accessible and re-
sponsive.
system, contact us today to join!
Based on my own personal experiences and feedback I have received from other in- You have nothing to lose, and
dustry partners, there have been great improvements at the SLA thanks to Chairman everything to gain!
Rosen. Their door is open, more positive changes are on the horizon, and we now
have a partner in the SLA.
Metropolitan Package Store Association 11
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5_11_Final:Layout 1 5/24/11 3:39 PM Page 13
keep inforMeD on the hottest
news AnD inforMAtion
AvAilAble froM Metro
Do You Have Our Correct Address?
Do We Have Your Email?
As you know, the Metro Office in Yonkers closed and we have a
new location. Please be sure your records are updated to
reflect our current contact information:
Metropolitan Package Store Association
1971 Western Avenue #222
Albany, NY 12203
866.989.9006 Phone
518.463.7952 Fax
Email Us At: metropsa@metropsa.org
Visit Our Website: www.metropsa.org
If you are not getting our emails, WE NEED YOUR EMAIL
ADDRESS. We will never sell your information or use it for
any unintended purpose. We have a lot of useful information
to share with you and you don’t want to miss out!
• News You Can Use From the State Liquor Authority
• New Products and Special Pricing From Your Suppliers
• Updates on NYS Legislative Activities
• Hot Topics in NYC
• Action Alerts to Get Involved in What is Happening
in our Industry
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Metropolitan Package Store Association
Underage Drinking Focus of
Upcoming Hearing Continued
and neighboring states using vending
machines to dispense alcohol, there is
intensified attention being given to this
growing problem.
There are many things that retailers can
do to ensure that they are prepared
against any potential violations:
■ Get Certified! Take advantage of
Alcohol Training Awareness Pro-
grams that are provided through the
SLA website. These programs help
licensees to comply with the ABC
Laws, and provide guidance on how
to stop underage drinking and sales
to intoxicated persons. If these
classes are not provided in your area,
you may take online courses as well.
■ Educate Your Employees. As we
approach prom and graduation sea-
son, there will be increased attempts
by underage kids to purchase alcohol.
Tell your employees to ID everyone
that they suspect may be under 21,
and be prepared to verify out of state
licenses as well.
■ Take Part in Community Pro-
grams that Employ Compliance
Checks. One example of this type
of program is currently being spon-
sored by Diageo. The Responsible Re-
tailing Forum, American Beverage
Licensees (ABL) and a group of off-
premise associations – including
Metro - have been working together to
implement and evaluate a new model
of underage sales prevention. The
model provides licensees with re-
sources and practices to achieve high,
consistent levels of checking IDs and
refusing sales to underage and intoxi-
cated customers. The model includes
periodic feedback on actual staff per-
formance as observed by young, legal-
age “mystery shoppers”, and strives to
improve cooperation among retailers
and their suppliers and distributors
and public health and safety stakehold-
ers in supporting community-wide re-
sponsible retailing.
13
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Protect Your License1

Licensees Are Required To Report Changes
By Keven Danow isted at the time of licensing or any other physical changes
in the interior of a licensed premises that materially affect
Section 110 of the New York Alcoholic Beverage Control
the character of the premises. Any alteration costing ten
Law requires a licensee to notify the New York State
thousand dollars or more is considered a substantial alter-
Liquor Authority within ten days of change in the infor-
ation. The addition of entrances and exits constitute sub-
mation supplied as part of the license application. These
stantial alterations as well.
notice requirements are usually fulfilled by sending a ver-
ified supplemental statement to the Authority setting forth Minor Alterations are those costing less than ten thousand
the changes. dollars and which do not change the size of the licensed
premises, reduce visibility and which do not materially
Changes in the parties interested in the application, the
affect the character of the premises. At least twenty days
source of funds, the management of the establishment or
before making minor alterations (other than cosmetic
the proposed method of operation must be reported. Sim-
changes) a licensee is required to deliver an affidavit to the
ilarly, because the license application asks whether there
Liquor Authority describing the proposed alteration. The
are any arrests, indictments or summonses pending against
affidavit must be submitted in person or by certified mail.
the applicant or the applicant’s spouse, a licensee is re-
If the licensee has not received a contrary written com-
quired to notify the Authority if the licensee or the li-
munication from the Authority within twenty five days of
censee’s spouse is arrested or charged with a crime.
its receipt of the affidavit, the minor alteration is deemed
Often a person will appear at a meeting of the full board approved and work may begin.
of the Liquor Authority and object to the issuance of li-
As a general rule, painting and redecoration of a licensed
cense near his or her store. When the Members of the
premise, including the installation and replacement of
Authority ask the person to identify him or herself, the re-
electrical, plumbing, refrigeration, air conditioning and
sponse will be, “My name is ’Mr. Opposition.’ I am the
heating fixtures and equipment, lowering ceilings, and the
owner of the XYZ liquor store which is only half a mile
installation and replacement of floor coverings and the
from the applicant’s proposed store.” The head of licens-
replacement of fixtures and equipment are not considered
ing or special counsel will check the Authority’s computer
to be an alteration which must be reported.
to see whether Mr. Opposition is listed on XYZ liquor
store’s license and find that he is not. Asked for an expla- PRICES
nation, Mr. Opposition will respond with something like,
“My mother owned the store, but she retired in 2009 and Package stores must conspicuously display a printed price
I took over.” Mr. Opposition has just admitted to an ille- list of the liquors and or wine offered for sale inside the
gal transfer. Before there can be a change in ownership of store. It is illegal for a package store to sell liquor or wine
the licensed business, permission must be obtained from which is not on the price list. The price list must be in a
the Liquor Authority. This is usually done by filing an ap- place which is readily accessible for inspection by the cus-
plication for corporate change. Any person being added tomers. In addition, the price for each item must be placed
to the license must fill out a personal questionnaire and on the bottle or displayed on a tag, sign or placard imme-
be fingerprinted. If a person is allowed to participate in diately adjacent to the bottle.
the profits of the licensee without permission from the 1. Keven Danow is an attorney representing members of all three tiers of the Bev-
SLA, the licensee is guilty of allowing a person to “avail” erage Alcohol Industry and member of the firm of Danow, McMullan & Panoff,
upon his or her license and is subject to fine as well as pos- P.C. 275 Madison Ave, NY, NY. 10022 (212 3703744)
sible suspension or revocation of the license. kdanow@dmppc.com. Mr. Danow is a contributing editor of Beverage Media.
Similarly, before any substantial alteration may be made to This article is not intended to give specific legal advice. Before taking any action,
the reader should consult with an attorney familiar with the relevant facts and cir-
a licensed premise the licensee must make an application cumstances.
to the Liquor Authority and obtain permission.
A substantial alteration includes any enlargement or con-
traction of a licensed premises; any physical change that
reduces the visibility into or through the premises that ex-

14 Metropolitan Package Store Association

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Metropolitan Package Store Association

1971 Western Avenue, #222
Albany, NY 12203

Metropolitan Package Srore Association