New York: Empire Battles on in Wine Sales Fight

Jun 2, 2016

(Wine-Searcher) - The David and Goliath battle against stifling state control goes back to the New York Senate and Assembly.

The saga of Empire Wine's battle against the forces of darkness has added a new chapter, with another attempt at reining in the New York State Liquor Authority heading for the state legislature.

Two new bills have been introduced to New York's Senate and Assembly last month, sponsored byNew York State Senator Phil Boyle and Assembly Member Philip Steck. The bills are very similar to the "Empire Wine Bill" that appeared in both the Senate and Assembly last year, but was ultimately vetoed by Governor Andrew Cuomo in December. The new bills – like the predecessor bill – aim to "clarify the basis upon which the [NYSLA] has the authority to revoke, suspend or cancel a license or permit by excluding perceived violations of the laws of other states unless the conduct falls within certain exceptions and established standards in statute for the delivery of beverage alcohol."

The epic battle between the Albany-based retailer and the state began in 2014 when the NYSLA threatened to revoke Empire's license over "improper conduct" for shipping wine to customers in states that don't allow out-of-state liquor purchasing. Empire's response was that, since none of the states involved had raised any objections, it was not the SLA's role to take up cudgels on the states' behalf. The matter has been rattling around the New York courts and legislature ever since.


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