Last week, as reported by the Times Union, a decision by Acting Supreme Court Justice Debra Young ruled against the New York State Liquor Authority (“NYSLA”) with respect to an ongoing legal battle with Colonie-based retailer Empire Wine. See In Empire Wine Case, SLA Must Release Communications With Illinois Officials. Empire originally sought production of the NYSLA’s communications with the Illinois Liquor Control Commission, documents that the NYSLA argued were attorney work product or were otherwise exempted from disclosure requirements because such communications were part of an ongoing investigation or judicial proceeding. These types of communications are exempted from disclosure under New York’s Freedom of Information Law. Id. Additionally, the judge rejected the Authority’s arguments that such communications were interagency communications, which are exempted from disclosure under New York’s Freedom of Information Law, reasoning that the Illinois Liquor Control Commission is not an entity of the New York State government. Finally, Young ordered the NYSLA to disclose communications and records the Authority had with UPS in regard to the interstate shipment of alcohol. The index number for the October 28, 2015 decision is 003656/2015.
Interestingly, hardly two weeks later, Governor Cuomo announced the creation of an industry working group which aims to recommend revisions to New York State’s alcohol beverage laws and regulations. See Governor Cuomo Announces New Industry Working Group to Modernize New York Alcohol Laws. In particular, the group “will review existing statutory provisions and explore approaches to clarify and modernize the 80-year-old statute.” Id. The Governor’s website cites the third annual Wine, Beer, Spirits, and Cider Summit as the originator of this new working group and further emphasizes that the group will focus on reorganizing or replacing the state’s current laws governing alcohol beverages including: (1) removing outdated and redundant provisions; (2) modernizing statutory language; (3) improving and consolidating various licensing provisions; (4) clarifying the types of licenses available; (5) reducing mandatory paperwork; and (6) eliminating unnecessary restrictions imposed on manufacturers. Id. The working group will hold an opening meeting on November 12, 2015 at 1:00 pm at the State Liquor Authority’s office in Harlem. More information is available here.
In the last few years, the Governor—and many other industry players—has made a strong effort to improve the state’s beverage industry, as well as eliminate many regulatory hurdles and create opportunities and incentives to attract new industry members. A few noteworthy changes are the tax law amendment and the Craft New York Act. While the state’s industry has improved drastically in the last ten or fifteen years, industry can still benefit from changes (and modernization) in legislation and regulations. The meeting on Thursday is a noble effort to bring together respected industry members from all tiers, along with regulators, to resolve some of New York’s most pressing regulatory issues in the beverage industry.
For more information on New York State wine or alcohol law, or establishing a winery, brewery, or distillery in New York, please contact Lindsey Zahn.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice.