We will have some excerpts from the most recent newsletters here. Please feel free to contact us to learn how to become a member and receive the newsletter mailed to you monthly.

JUNE 2008 Newsletter Highlights

NOTES FROM THE PRESIDENTS OF EACH ASSOCIATION:

Jim MacKenzie from the Empire Association and I will be attending the New York State Law Revision Commission Roundtable Meeting in June.  In the past, Marc Ressler and I  both attended interviews with the commission on a one-on-one basis.  This roundtable meeting will have representatives from our industry and others (Supermarkets) who are interested in our industry.  Jim and I will represent our industry in a positive way, to protect all of our best interests.  Board Members and Directors will be accompanying us, and if interested, there will be a live broadcast [at www.lawrevision.state.ny.us} at 8:45 AM on June 10th from Brooklyn Law School, and at 8:45 AM June 12th from Albany Law School.
Regards,
Stefan Kalogridis
President, Eastern New York Liquor Stores Association
(518) 453-1281

The Consolidation of Eastern and Empire should be completed in the next couple of months.   We plan to change the name of the organization to:  New York State Liquor Store Association (NYSLSA).  Watch for further details.

We would also like to add some additional sections to the newsletter…

• A buy/sell section for any member wishing to buy/sell any type of equipment or fixture related to our industry.  Send details to our E-Mail Address with detail description, contact info., and telephone number.  Be sure to put minimum pricing/maximum pricing/ shipping/ location/etc.
• A section in the newsletter so members can vent and share ideas relevant to any ongoing issues.
• A Legislative Corner to track our representatives on important issues.

Any items may be sent to jbrookseastern@aol.com.  Send by early August for the September Newsletter.
Regards,
Marc Ressler
President, Empire Liquor Stores Association
716-834-5088

LEGISLATURE
The Legislature has set its sights on getting out of Albany by June 23rd, and the amount of activity going on now shows that they are serious.  Bills are being churned out at committee meetings and long calendars are the rule on the floors of both houses.

We’ve seen no sign of movement on wine in groceries, but these busy times allow for surprises. We are keeping watch on things for you.

On other items, there are other bills that are coming onto the floor for a vote.  Whether they have enough power to pass remains to be seen.  The bill to restore some of the pre-Spitzer participation by manufacturers and wholesalers in retailer events is before Senate and out of committee in the Assemble.

A bill to mandate a one –year suspension of the driver’s license of a first time DUI offender, or a forty-five day suspension followed by a one-year use of an ignition interlock device is also out on the floor.  We oppose this bill because it is a draconian penal

ty for a first time violation, and the device mandated requires continuous testing every twelve minutes while driving – whether or not it is the perpetrator driving or someone else.  This, we feel, creates a distracting scenario that could cause a driver to lose control, have an accident and endanger others on the road.

The bill to place the current rules on payments by retailers into the law, sponsored by the wholesalers and sponsored by our sister association (Metro), is also moving on the floor of each house.

One important item that we are totally opposed to is...

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ADDITIONAL UPDATES
There have been no new appointments to the SLA.  The chief executive officer has left the agency, and the hiring freeze in Albany has precluded replacing him.

There has been no decision from the 2nd Circuit Court of Appeals on setting the date to hear oral arguments in the Indiana retailer’s case.  All briefs are in, and we’re guessing that the next phase will be in the fall.

The Costco case remains before the 9th Circuit in California, as Costco wants a re-hearing.  Failing that, they are going t the US Supreme Court.

Two interesting decisions in Federal Courts in Maine and Massachusetts, which held that a state cannot hold the delivery company liable for delivering cigarettes or alcohol to a minor, are making states change the liability to the seller.  This means that a liquor store whose shipment ends up delivered to an underaged person or a drunk person will be liable to prosecution.  Maine reacted by stopping all wine shipments into the state.

The House of Representatives held hearings on credit card fees and practices, and introduced a bill to make the fairer – HR5546, the Credit Card Fair Fee Act of 2008.  The Senate Judiciary Committee has weighed in with hearings, and summoned the VISA and MC executives to provide more detailed information.  The Senate will soon introduce the same bill.  Please ask your Congressman to co-sponsor the bill.  We are also working with ABL on this issue.

NEW BENEFIT:   “LIFELOCK” DISCOUNTS
LifeLock continues to enroll more and more people concerned with protecting themselves from identity theft and fraud.  It’s a great program that has proven successful across the country – and enrolling through EASTERN and EMPIRE brings you a great savings. 

To enroll, please go to LifeLock.com on your computer or call 1-877 LifeLock (543-3562).  Make sure you use the promotion code “ABL35”.  This is good for you, your family, and your employees.

May 2008 Newsletter Highlights

NOTES FROM THE PRESIDENTS OF EACH ASSOCIATION:

Be Careful…May is here and June will be next. This means proms and graduations.
Underage drinking will be on the rise and every attempt to obtain alcohol will be made.
They will be in our stores to purchase and, of course, the state and local police will be
doing their job with sting operations.
We must set an example throughout the state on how independent owners have control
on their business and do not serve minors. We control whoever enters into our
establishments. We proof both the buyers and their companions for age verification.
Local governments are making new laws to punish people who supply the underage
(Social Host Laws). Not a bad idea. A true combined 2005 and 2006 data indicated
that an average if 28.3% of persons aged 12-20 in the United States (an estimated
10.8 million persons annually drank alcohol this past month. This will rise this
month and again in June. All I can say is pay attention so we can avoid any
problems with our youth.
Regards,
Stefan Kalogridis
President, Eastern New York Liquor Stores Association
(518) 453-1281


Dues Notices have been mailed out to all members. It is very important that you take a
moment and write your check and mail it in today, if you have not already done so. Your
investment in Empire brings you full time representation in Albany and in Washington.
It’s a small amount to pay for just that alone, and you get access to much more. This is
making your business safer and more profitable.
With your dues check, please make a healthy contribution to the Political Action Fund.
Besides the battle to defend ourselves, we will face the election needs of all those who
support us in Albany.
Regards,
Marc Ressler
President, Empire Liquor Stores Association
716-834-5088

UPDATE ON STATE LEGISLATION
There has been no attempt by the Governor’s Office or the Legislature to place wine-in-groceries in the budget. While there are several individual bills to do this, none have been placed on any committee agenda yet.
There are several bills to make ignition interlock devices more prevalent in New York. They range from making every new car have one to every first offender of DWI install one as punishment. Our position is that repetitive offenders should have this on their cars if they must keep a license (for work, for example). However, we oppose mass imposition of these devices on all cars, and think the punishment is too severe for first offenders. A new wrinkle has arisen on cars with interlock devices – mechanics are requiring the owner to stay with the car during repairs to start and test it. They don’t want the liability of their employees using these devices.
We are not included in any expansion of the bottle deposit law. We would also support bills that would correct the law as to the rule-making power of the SLA. A court has recently found that some rules of the SLA were improperly imposed, and we want to correct that.

A CORRECTION
In our February Newsletter, we advised everyone on changes that were to occur in Social Security taxes, minimum wages, union wages, etc. In that notice, we included a statement about overtime pay and when it was due. We had noted, falsely, that overtime had to be paid for time over eight hours in any one day...that is not true, and we thank the retailer who called the error to our attention. We regret any inconvenience we caused our members.