Senate Bill S1354

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

                                  1354

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by Sens. HOYLMAN, ESPAILLAT, KRUEGER, PARKER, PERKINS, SAMP-
  SON, SAVINO, STAVISKY -- 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
  prohibiting  the  sale  of  powdered  alcohol  and   prohibiting   the
  possession  of  powdered distilled alcohol by persons under the age of
  twenty-one

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 117-c to read as follows:
  S 117-C.  SALE OF POWDERED DISTILLED ALCOHOL PROHIBITED. 1. NO PERSON,
CORPORATION, PARTNERSHIP OR LIMITED LIABILITY  COMPANY  SHALL  KNOWINGLY
SELL OR OFFER FOR SALE POWDERED DISTILLED ALCOHOL.
  2.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS. A VIOLATION
OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN PREVIOUSLY CONVICTED
OF SUCH AN OFFENSE WITHIN THE PREVIOUS FIVE YEARS SHALL  BE  A  CLASS  B
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE AUTHORI-
TY  FROM INSTITUTING PROCEEDINGS TO SUSPEND, CANCEL, OR REVOKE A LICENSE
AS PROVIDED IN SECTION SEVENTEEN OF THIS CHAPTER.
  S 2. Section 65-c of the alcoholic beverage control law, as  added  by
chapter 592 of the laws of 1989, subdivision 3 as amended by chapter 137
of the laws of 2001, is amended to read as follows:
  S 65-c. Unlawful  possession  of  an  alcoholic  beverage  OR POWDERED
DISTILLED ALCOHOL with the intent to consume by persons under the age of
twenty-one years. 1. Except as hereinafter provided, no person under the
age of twenty-one years shall possess any alcoholic beverage, as defined
in this chapter, OR  POWDERED  DISTILLED  ALCOHOL  with  the  intent  to
consume such beverage OR POWDERED DISTILLED ALCOHOL.
  2. A person under the age of twenty-one years may possess any alcohol-
ic beverage with intent to consume if the alcoholic beverage is given:

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01384-01-5

S. 1354                             2

  (a)  to  a  person who is a student in a curriculum licensed or regis-
tered by the state education department and the student is  required  to
taste  or  imbibe alcoholic beverages in courses which are a part of the
required curriculum, provided such alcoholic beverages are used only for
instructional  purposes  during class conducted pursuant to such curric-
ulum; or
  (b) to the person under twenty-one  years  of  age  by  that  person's
parent or guardian.
  3.  Any  person  who  unlawfully  possesses  an  alcoholic beverage OR
POWDERED DISTILLED ALCOHOL with intent to consume may be summoned before
and examined by a court having jurisdiction of  that  charge;  provided,
however,  that nothing contained herein shall authorize, or be construed
to authorize, a peace officer as defined in subdivision thirty-three  of
section  1.20  of  the  criminal  procedure  law  or a police officer as
defined in subdivision thirty-four of section 1.20 of such law to arrest
a person who unlawfully possesses  an  alcoholic  beverage  OR  POWDERED
DISTILLED  ALCOHOL  with  intent  to consume. If a determination is made
sustaining such charge the court may impose a fine not  exceeding  fifty
dollars  and/or  completion  of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law and/or an  appropri-
ate amount of community service not to exceed thirty hours.
  4.  No  such  determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment, or as
a forfeiture of any right or privilege or to receive any license granted
by public authority; and no such person shall be denominated a  criminal
by  reason of such determination, nor shall such determination be deemed
a conviction.
  5. Whenever a peace officer as defined in subdivision thirty-three  of
section  1.20 of the criminal procedure law or police officer as defined
in subdivision thirty-four of section 1.20 of the criminal procedure law
shall  observe  a  person  under  twenty-one  years  of  age  openly  in
possession  of  an  alcoholic  beverage  as  defined in this chapter, OR
POWDERED DISTILLED ALCOHOL with the intent to consume such  beverage  OR
POWDERED  DISTILLED  ALCOHOL  in violation of this section, said officer
may seize the beverage OR POWDERED DISTILLED ALCOHOL, and shall  deliver
it to the custody of his or her department.
  6.  Any  alcoholic  beverage  OR  POWDERED DISTILLED ALCOHOL seized in
violation of this section is hereby declared a nuisance. The official to
whom the beverage OR  POWDERED  DISTILLED  ALCOHOL  has  been  delivered
shall,  no earlier than three days following the return date for initial
appearance on the summons, dispose of or destroy the alcoholic  beverage
OR  POWDERED  DISTILLED  ALCOHOL seized or cause it to be disposed of or
destroyed.  Any person claiming ownership of an  alcoholic  beverage  OR
POWDERED DISTILLED ALCOHOL seized under this section may, on the initial
return  date  of the summons or earlier on five days notice to the offi-
cial or department in possession of the beverage OR  POWDERED  DISTILLED
ALCOHOL,  apply  to the court for an order preventing the destruction or
disposal of the alcoholic beverage OR POWDERED DISTILLED ALCOHOL  seized
and  ordering the return of that beverage OR POWDERED DISTILLED ALCOHOL.
The court may order the beverage OR POWDERED DISTILLED ALCOHOL  returned
if  it  is  determined that return of the beverage OR POWDERED DISTILLED
ALCOHOL would be in the interest of justice  or  that  the  beverage  OR
POWDERED DISTILLED ALCOHOL was improperly seized.
  S 3. This act shall take effect immediately.