Tool Box
Advertise on this Site


Tobacco Retailing - Tax Evasion - Motor Fuels - Beverage Retailing - Store Operations - Positions

Positions:  Small Business Fee Increases

Business License and Registration Fee Increases in the Proposed 2002-2003 State Budget

Convenience stores statewide have lost over $1 Billion in gross sales of tobacco, gasoline, and other products as a direct result of the tax evasion stampede triggered by the doubling of the state cigarette tax in March 2000.

Many mom-and-pop retailers, who typically relied on the responsible sale of legal tobacco products to adult customers for one-third of their merchandise sales, have seen cigarette volume plummet 30% to 60% - not because people quit smoking but because smokers shifted their purchases to Native American outlets (no tax), the Internet (no tax), and border states like Pennsylvania (much lower tax) to avoid paying the tax-inflated New York price.

On April 3rd, 2002, under the "health care" legislation recently passed by the Legislature, the cigarette tax will climb another 39 cents per pack. This will widen the price differential by 35%, intensifying the tax evasion phenomenon and draining more customers away from law-abiding, tax-collecting neighborhood stores.

Rather than providing relief to small business owners whose livelihoods are imperiled by this inane tax policy, the Governor's proposed budget recommends socking them with fee increases and cash-flow torpedoes, including:

  • Increasing the food processing license fee convenience stores pay the state Department of Agriculture and Markets.
  • Doubling the fees that convenience stores pay the state Department of Environmental Conservation to register their underground fuel storage tanks.
  • Charging 15% more for a State Liquor Authority license to sell beer and wine coolers for off-premise consumption.
  • "Spinning up" the formula for computing pre-paid sales tax on cigarettes.
  • Lowering the threshold at which retailers must electronically remit sales tax receipts.
Everyone appreciates the difficulty of trying to balance the state budget in these economic times. But not everyone seems to appreciate the difficulty of operating a small business in these economic times when the state government you pay taxes to, and collect taxes for, is chasing away your customers to unlicensed, untaxed, unregulated outlets. If New York State needs our industry to generate more revenue for the state budget, it must give us the chance to recapture the sales volume necessary to cover the added cost by revising its tax policy to restore a fair marketplace. Otherwise, the members of the New York Association of Convenience Stores stand united in respectfully but vehemently opposing any fee hike, spin-up, formula change or other revenue enhancement gimmick that will further weaken neighborhood retail businesses.

March 15, 2002

Home - About NYACS - Trade Show - The Industry - Membership - Contact Us - Issues - Tools