S T A T E O F N E W Y O R K
________________________________________________________________________
6914
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Economic Development
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-
TURED WITH THE ADDITION OF FLAVORINGS OR OTHER INGREDIENTS INCLUDING,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10426-03-1
A. 6914 2
BUT NOT LIMITED TO, FRUIT, FRUIT JUICE OR FRUIT FLAVOR, OR HERBS, NUTS
OR SPICES (INCLUDING, BUT NOT LIMITED TO, CHOCOLATE, LICORICE OR VANIL-
LA), OR STIMULANTS (INCLUDING, BUT NOT LIMITED TO, CAFFEINE, GUARANA,
GINSING, TAURINE OR WORMWOOD OIL). THE AUTHORITY MAY, PURSUANT TO SUBDI-
VISION FIFTEEN OF SECTION SEVENTEEN OF THIS CHAPTER, FURTHER DEFINE
THOSE ALCOHOLIC BEVERAGES THAT SHALL BE INCLUDED WITHIN SUCH TERM.
PROVIDED THAT, FLAVORED MALT BEVERAGES SHALL NOT BE DEEMED TO BE BEER,
CIDER OR A WINE PRODUCT.
S 3. Section 17 of the alcoholic beverage control law is amended by
adding a new subdivision 15 to read as follows:
15. TO ESTABLISH RULES AND REGULATIONS FURTHER DEFINING THE TERM
"FLAVORED MALT BEVERAGE" IN ACCORDANCE WITH SUBDIVISION TWELVE-C OF
SECTION THREE OF THIS CHAPTER. SUCH RULES AND REGULATIONS SHALL EXCLUDE
FROM SUCH TERM THOSE TRADITIONALLY BREWED BEERS AND MALT LIQUORS WHICH
HAVE SMALL AMOUNTS OF FRUIT, FRUIT JUICE, FRUIT FLAVOR OR OTHER NATURAL
HERBS OR SPICES ADDED DURING THE FERMENTATION PROCESS. HOWEVER, THE
AUTHORITY SHALL INCLUDE WITHIN SUCH TERM THOSE ALCOHOLIC BEVERAGES WHICH
CONTAIN FLAVORS OR CONSIST OF COLORS OR SWEETNESS LEVELS THAT WOULD
APPEAL TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the provisions of this act
shall not apply to any retail sale of an alcoholic beverage which is
received by a person licensed to sell alcoholic beverages for on-premis-
es or off-premises consumption, within sixty days of the date this act
shall have become a law. Effective immediately, the state liquor author-
ity is authorized to amend, add and/or repeal any rules and regulations
necessary to implement the provisions of this act on or before its
effective date.