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Posts tagged "Notice of Pleading"

Linnan & Fallon Attorneys Attend ESRTA Annual Meeting

On Wednesday October 22, 2014 attorneys James D. Linnan and Shawn T. May presented at the annual meeting of the Empire State Restaurant and Tavern Association in Lake George, New York. The topic of discussion was, of course, the New York State Liquor Authority. One of the topics covered by Mr. Linnan, which garnered a lot of discussion among the attendees, was peer to peer (retailer to retailer) sales. Peer to peer sales was originally a part of the wine in grocery store legislative package that was unsuccessful in passing the state legislature. Peer to peer sales have been back in the forefront recently as a result of sting operations conducted by the State Liquor Authority targeting liquor stores that sell to on-premises licensees for resale at restaurants and taverns. While the Restaurant and Tavern Association has lobbied for the amendment of the ABC law to allow these peer to peer sales, its association with the wine in grocery stores bill as well as resistance from the two major wholesalers, have prevented this proposal from moving forward. As pointed out by Mr. Linnan and echoed by the restaurant and tavern owners in attendance, requiring on-premises licensees to purchase liquor and wine only from wholesalers creates a real hardship, particularly for those smaller operations who are unable to purchase and store multiple cases as well as those retailers located in more rural areas that only receive infrequent scheduled deliveries from the wholesalers. The benefits of allowing peer to peer sales, such as more flexibility for restaurant and tavern owners, increased sales tax to New York State and a better selection along with lower prices for consumers far outweigh the only real downside: marginally smaller profits for the giant wholesalers. Scott Wexler, President of the Empire State Restaurant and Tavern Association, vowed to continue the fight to have this portion of the ABC law amended.