senate Bill S4221B

2011-2012 Legislative Session

Regulates the retail sale of flavored malt beverages

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to alcoholism and drug abuse
Jun 14, 2011 print number 4221b
Jun 14, 2011 amend (t) and recommit to commerce, economic development and small business
May 09, 2011 reported and committed to commerce, economic development and small business
Apr 18, 2011 print number 4221a
Apr 18, 2011 amend and recommit to alcoholism and drug abuse
Mar 24, 2011 committee discharged and committed to alcoholism and drug abuse
Mar 23, 2011 referred to investigations and government operations

Votes

view votes

May 9, 2011 - Alcoholism and Substance Abuse committee Vote

S4221A
3
2
committee
3
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 9, 2011

nay (2)
aye wr (1)

S4221 - Details

See Assembly Version of this Bill:
A6914
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3, 65, 100, 105 & 107-a, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A5922

S4221 - Summary

Regulates the retail sale of flavored malt beverages; defines flavored malt beverages as a malt beverage containing more than 8 per centum of alcohol by volume and the formula of which must be filed with the federal Alcohol and Tobacco Tax and Trade Bureau; provides that the provision of a flavored malt beverage by a retail licensee to any person under 21 years of age shall constitute a class E felony; prohibits the sale of flavored malt beverages in any container in excess of 12 ounces (view more) requires flavored malt beverages to be sold for off-premises consumption in an area segregated from the areas where other beverages are sold; such beverages shall not be sold in a refrigerated state; requires the areas where flavored malt beverages are sold to be under the surveillance of the employees of the licensee; requires the posting of health warnings in the areas where such beverages are sold and upon the labels thereof; regulates the labelling of such beverages.

S4221 - Sponsor Memo

S4221 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4221

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  including,  for the purposes of distribution, and wholesale and retail
  sale, flavored malt beverages within the definition of liquor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 3 and 19 of section 3 of the alcoholic bever-
age control law are amended 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 AND SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  ALL
NATURALLY  FERMENTED  OR  TRADITIONALLY  BREWED  BEERS,  SUCH  AS  ALES,
BITTERS, BROWNS, LAGERS, PORTERS, STOUTS, SEASONAL BEERS, WHEAT BEERS OR
OTHER SPECIALTY BEERS. SUCH TERM SHALL NOT INCLUDE FLAVORED MALT  BEVER-
AGES.
  19.  "Liquor"  means  and  includes any and all distilled or rectified
spirits, brandy, whiskey, rum, gin, cordials or similar distilled  alco-
holic  beverages, including all dilutions and mixtures of one or more of
the foregoing; PROVIDED, FURTHER, THAT, SOLELY FOR THE PURPOSES  OF  THE
DISTRIBUTION,  AND  WHOLESALE  AND  RETAIL  SALE  THEREOF, SHALL INCLUDE
FLAVORED MALT BEVERAGES.
  S 2. Subdivision 12-c of section 3 of the alcoholic  beverage  control
law,  as  renumbered  by  chapter 366 of the laws of 1992, is renumbered
subdivision 12-d and a new subdivision 12-c is added to read as follows:
  12-C. "FLAVORED MALT BEVERAGE" MEANS AND INCLUDES ANY ALCOHOLIC BEVER-
AGE OF ANY NAME OR DESCRIPTION THAT IS MANUFACTURED FROM MALT, WHOLLY OR
IN PART, OR FROM ANY SUBSTITUTE THEREFOR INCLUDING, BUT NOT LIMITED  TO,
LIQUOR,  SPIRIT OR WINE; AND CONTAINING MORE THAN SIX PER CENTUM ALCOHOL
BY VOLUME AND MORE THAN ONE PER CENTUM SUGAR BY VOLUME WHICH IS MANUFAC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10426-02-1

S4221A - Details

See Assembly Version of this Bill:
A6914
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3, 65, 100, 105 & 107-a, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A5922

S4221A - Summary

Regulates the retail sale of flavored malt beverages; defines flavored malt beverages as a malt beverage containing more than 8 per centum of alcohol by volume and the formula of which must be filed with the federal Alcohol and Tobacco Tax and Trade Bureau; provides that the provision of a flavored malt beverage by a retail licensee to any person under 21 years of age shall constitute a class E felony; prohibits the sale of flavored malt beverages in any container in excess of 12 ounces (view more) requires flavored malt beverages to be sold for off-premises consumption in an area segregated from the areas where other beverages are sold; such beverages shall not be sold in a refrigerated state; requires the areas where flavored malt beverages are sold to be under the surveillance of the employees of the licensee; requires the posting of health warnings in the areas where such beverages are sold and upon the labels thereof; regulates the labelling of such beverages.

S4221A - Sponsor Memo

S4221A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4221--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- committee discharged and said bill committed to the
  Committee on Alcoholism and Drug Abuse -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  including,  for the purposes of distribution, and wholesale and retail
  sale, flavored malt beverages within the definition of liquor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 3 and 19 of section 3 of the alcoholic bever-
age control law are amended 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 AND SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  ALL
NATURALLY  FERMENTED  OR  TRADITIONALLY  BREWED  BEERS,  SUCH  AS  ALES,
BITTERS, BROWNS, LAGERS, PORTERS, STOUTS, SEASONAL BEERS, WHEAT BEERS OR
OTHER SPECIALTY BEERS. SUCH TERM SHALL NOT INCLUDE FLAVORED MALT  BEVER-
AGES.
  19.  "Liquor"  means  and  includes any and all distilled or rectified
spirits, brandy, whiskey, rum, gin, cordials or similar distilled  alco-
holic  beverages, including all dilutions and mixtures of one or more of
the foregoing; PROVIDED, FURTHER, THAT, SOLELY FOR THE PURPOSES  OF  THE
DISTRIBUTION,  AND  WHOLESALE  AND  RETAIL  SALE  THEREOF, SHALL INCLUDE
FLAVORED MALT BEVERAGES.
  S 2. Subdivision 12-c of section 3 of the alcoholic  beverage  control
law,  as  renumbered  by  chapter 366 of the laws of 1992, is renumbered
subdivision 12-d and a new subdivision 12-c is added to read as follows:
  12-C. "FLAVORED MALT BEVERAGE" MEANS AND INCLUDES ANY ALCOHOLIC BEVER-
AGE OF ANY NAME OR DESCRIPTION THAT IS MANUFACTURED FROM MALT, WHOLLY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10426-04-1

Co-Sponsors

S4221B (ACTIVE) - Details

See Assembly Version of this Bill:
A6914
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3, 65, 100, 105 & 107-a, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A5922

S4221B (ACTIVE) - Summary

Regulates the retail sale of flavored malt beverages; defines flavored malt beverages as a malt beverage containing more than 8 per centum of alcohol by volume and the formula of which must be filed with the federal Alcohol and Tobacco Tax and Trade Bureau; provides that the provision of a flavored malt beverage by a retail licensee to any person under 21 years of age shall constitute a class E felony; prohibits the sale of flavored malt beverages in any container in excess of 12 ounces (view more) requires flavored malt beverages to be sold for off-premises consumption in an area segregated from the areas where other beverages are sold; such beverages shall not be sold in a refrigerated state; requires the areas where flavored malt beverages are sold to be under the surveillance of the employees of the licensee; requires the posting of health warnings in the areas where such beverages are sold and upon the labels thereof; regulates the labelling of such beverages.

S4221B (ACTIVE) - Sponsor Memo

S4221B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4221--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- committee discharged and said bill committed to the
  Committee on Alcoholism and Drug Abuse -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported favorably from said committee  and  committed  to  the
  Committee  on  Commerce,  Economic  Development  and Small Business --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the alcoholic beverage control law, in relation to regu-
  lating the retail sale of flavored malt beverages

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 12-c of section 3 of  the  alcoholic  beverage
control law, as renumbered by chapter 366 of the laws of 1992, is renum-
bered  subdivision  12-d  and a new subdivision 12-c is added to read as
follows:
  12-C. "FLAVORED MALT BEVERAGE" MEANS AND INCLUDES ANY ALCOHOLIC BEVER-
AGE OF ANY NAME OR DESCRIPTION THAT IS MANUFACTURED FROM MALT, WHOLLY OR
IN PART, OR FROM ANY SUBSTITUTE THEREFOR; AND CONTAINING MORE THAN EIGHT
PER CENTUM ALCOHOL BY VOLUME WHICH IS A FERMENTED PRODUCT FOR WHICH  THE
FORMULA  THEREOF  IS  REQUIRED  TO BE FILED WITH THE FEDERAL ALCOHOL AND
TOBACCO TAX AND TRADE BUREAU PURSUANT TO 27 CODE OF FEDERAL  REGULATIONS
S 25.55 (A), AS SUCH REGULATIONS SHALL BE AMENDED FROM TIME TO TIME.
  S  2.   Section 65 of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. NO PERSON, OR HIS OR HER AGENT OR EMPLOYEE, SHALL  SELL,  DELIVER
OR GIVE AWAY, OR CAUSE, PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN
AWAY  TO ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE OF TWENTY-ONE
YEARS, ANY FLAVORED MALT BEVERAGE. A VIOLATION OF THIS SUBDIVISION SHALL
BE A CLASS E FELONY AS DEFINED IN THE PENAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10426-07-1

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