Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 10, 2010 |
referred to rules |
Senate Bill S8509
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S8509 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd ยงยง3 & 100, ABC L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3889
2009-S8509 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8509 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to prohibiting the sale of caffeinated or stimulant-enhanced alcoholic beverages PURPOSE: The purpose of this bill is to ban the sale of all caffeinated or stimu- lant enhanced alcoholic beverages (hereinafter CABs) in New York. CABs are defined, under this bill, as a beverage with a combination of between 5 and 15 percent alcohol by volume (beer contains between 3.2% and 5% alcohol by volume) and 6 milligrams of caffeine or other stimu- lants per ounce (most sodas contain between 2 to 6 mg of caffeine per ounce, and coffee and tea can contain between 7 to 20 mg of caffeine per ounce). These caffeinated or stimulant-enhanced alcoholic beverages (CABs) are now being actively marketed to and increasingly used by those who are between the ages of 14 to 25. Currently, there is concerns that CABs have questionable health effects on those who consume the product, espe- cially those under the age of 25. SUMMARY OF PROVISIONS: Section 1: Amends ABC Law section 3(3) to revise the definition of beer so that it does not include caffeinated or stimulant-enhanced alcoholic
2009-S8509 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8509 I N S E N A T E November 10, 2010 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the alcoholic beverage control law, in relation to prohibiting the sale of caffeinated or stimulant-enhanced alcoholic beverages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 3 of the alcoholic beverage control law is amended and a new subdivision 7-c is added to read as follows: 3. "Beer" means and includes any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor; PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY CAFFEINATED OR STIMULANT-ENHANCED ALCOHOLIC BEVERAGE THAT CONTAINS MORE THAN FIVE PER CENTUM OF ALCOHOL BY VOLUME, IN COMBINATION WITH MORE THAN SIX MILLIGRAMS PER OUNCE OF CAFFEINE OR ANY OTHER STIMULANT, INCLUDING, BUT NOT LIMITED TO, GUARANA, GINSENG, TAURINE OR WORMWOOD OIL, THAT HAS AN EQUIVALENT EFFECT AS SUCH QUANTITY OF CAFFEINE. 7-C. "CAFFEINATED OR STIMULANT-ENHANCED ALCOHOLIC BEVERAGE" MEANS AND INCLUDES ANY ALCOHOLIC BEVERAGE OF ANY NAME OR DESCRIPTION THAT IS MANU- FACTURED FROM MALT, WHOLLY OR IN PART, OR FROM ANY SUBSTITUTE THEREFOR INCLUDING, BUT NOT LIMITED TO, LIQUOR, SPIRITS OR WINE; AND CONTAINING MORE THAN FIVE PER CENTUM AND NOT MORE THAN FIFTEEN PER CENTUM ALCOHOL BY VOLUME, IN COMBINATION WITH MORE THAN SIX MILLIGRAMS PER OUNCE OF CAFFEINE OR ANY OTHER STIMULANT, INCLUDING, BUT NOT LIMITED TO GUARANA, GINSENG, TAURINE OR WORMWOOD OIL, THAT HAS AN EQUIVALENT EFFECT AS SUCH QUANTITY OF CAFFEINE. FOR THE PURPOSES OF THIS CHAPTER, CAFFEINATED OR STIMULANT-ENHANCED BEVERAGES SHALL NOT BE CONSIDERED BEER OR WINE PROD- UCT. S 2. Section 100 of the alcoholic beverage control law is amended by adding a new subdivision 8 to read as follows: 8. NO PERSON SHALL SELL, DELIVER OR GIVE AWAY, OR CAUSE, PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY CAFFEINATED OR STIMU- LANT-ENHANCED ALCOHOLIC BEVERAGE TO ANY OTHER PERSON. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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