Opn. No.

Hon. David J. Gilmartin County Attorney County of Suffolk

This is in reply to your request for an opinion as to whether the Suffolk County Legislature may adopt a local law which would ban the sale of all non-returnable soft drink and beer containers and establish a mandatory deposit on all such beverage containers sold within Suffolk County. You also ask, since the proposed local law would include regulation of beer bottles and cans, whether the State of New York, in enacting the Alcoholic Beverage Control Law and creating the State Liquor Authority which promulgates the various rules and…