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

Store Operations Issues

Reject Higher Taxes and Fees Impacting Convenience Stores and Their Customers

Increasing the state cigarette excise tax rate even further before solving the tax evasion problem would be reckless and irresponsible. The last two increases (2000 and 2002) proved self-defeating because of the abundance of tax-free sources of cigarettes readily available to New Yorkers. Moreover, the idea of allowing county-level cigarette excise taxes – above and beyond state taxes – would create greater incentives to smokers to evade taxes and impose new logistical burdens on cigarette stamping agents and the tax-collecting retail stores they supply. NYACS also opposes higher taxes on motor fuel and beverages which are already overtaxed, supports a freeze on retail license fees, and opposes mandatory store-level licensing of non-bank-owned ATMs

Enact Workers Compensation Reforms to Reduce Employer Costs

Give Retailers Opportunities to Earn Higher Lottery Commissions

Retailers licensed by the state Lottery Division to sell instant and on-line lottery games continue to receive the same flat 6% commission that has existed for 20 years even though the costs associated with selling lottery tickets have increased exponentially. Stores that have achieved impressive growth in volume by investing time, money and effort into promoting the lottery category get the same 6% as stores that just go through the motions. The commission structure should be modernized to reward retailer initiative and performance.

Oppose Unwarranted Marketing Restrictions on Retailers and Wholesalers

NYACS opposes attempts to limit or prohibit overnight sales of beer at stores that also sell gas. Such proposals are rooted in the theory that such sales promote drinking and driving. There is no factual basis for that conclusion. NYACS also opposes further statewide restrictions on hours when licensed retailers may sell beer for off-premises consumption. While our members share society's concern about proper nutrition, NYACS believes no customer should be denied access to, or charged extra for, a particular food product because of public policies arising from irrational theories about eating habits. Protecting the safety of the food supply necessitates proper labeling of certain products, and our members are committed to complying with such practices, but we will continue to oppose the proliferation of excessive and unwarranted labeling requirements.

Stop Excise and Sales Tax Evasion
To restore a level playing field for small businesses, generate sufficient revenue for state-funded programs, and relieve local governments of financial hardship, the State of New York must begin requiring the collection of state and local taxes on tobacco and motor fuels sold by Native American tribal stores to non-Native Americans. Until the State restores a level playing field, retailers who uphold their duty to collect and remit such taxes deserve tax credits or other meaningful economic relief to compensate for income lost to state-sanctioned unfair competition.

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