S T A T E O F N E W Y O R K
________________________________________________________________________
4516
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
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Introduced by M. of A. ORTIZ, AUBRY -- Multi-Sponsored by -- M. of A.
ARROYO, THIELE -- read once and referred to the Committee on Economic
Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring the segregation of certain alcoholic beverages with a stimu-
lant sold for off-premises consumption and the labeling of containers
containing certain alcoholic beverages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 105 of the alcoholic beverage control law is
amended by adding a new subdivision 13 to read as follows:
13. (A) EACH RETAIL LICENSE FOR OFF-PREMISES CONSUMPTION THAT SELLS
ALCOHOLIC BEVERAGES THAT CONTAIN MORE THAN TWO PER CENTUM ALCOHOL BY
VOLUME, IN COMBINATION WITH MORE THAN FIVE MILLIGRAMS PER OUNCE OF
CAFFEINE OR ANY OTHER STIMULANT INCLUDING, BUT NOT LIMITED TO GUARANA,
GINSENG OR TAURINE THAT HAS AN EQUIVALENT EFFECT AS SUCH QUANTITY OF
CAFFEINE SHALL SELL SUCH ALCOHOLIC BEVERAGES IN AN AREA OF THE LICENSED
PREMISES THAT IS SEGREGATED FROM THE AREA WHERE OTHER BEVERAGES, INCLUD-
ING ALCOHOLIC BEVERAGES, ARE SOLD. NO SUCH ALCOHOLIC BEVERAGES CONTAIN-
ING A STIMULANT SHALL BE COMMINGLED WITH OTHER ALCOHOLIC BEVERAGES OR
ENERGY DRINKS.
(B) AT THE FRONT OF THE SEGREGATED AREA OF THE LICENSED PREMISES WHERE
ALCOHOLIC BEVERAGES CONTAINING A STIMULANT ARE SOLD, THE LICENSEE SHALL
CONSPICUOUSLY POST A SIGN CONTAINING THE NOTICES AND WARNINGS PROVIDED
FOR IN PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION ONE OF SECTION ONE
HUNDRED SEVEN-A OF THIS ARTICLE. FURTHERMORE, SUCH SIGN SHALL STATE
THAT THESE BEVERAGES CONTAIN ALCOHOL AND BY LAW CANNOT LEGALLY BE
CONSUMED BY PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, AND THAT THESE
BEVERAGES SHOULD NOT BE CONFUSED WITH ENERGY DRINKS. THE STATE LIQUOR
AUTHORITY SHALL BE AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
PROVIDING FOR THE FORM AND CONTENT OF SUCH NOTICES AND WARNINGS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08877-01-7
A. 4516 2
§ 2. The closing paragraph of subdivision 1 of section 107-a of the
alcoholic beverage control law, as amended by chapter 354 of the laws of
2013, is amended to read as follows:
Such regulations shall be calculated to prohibit deception of the
consumer; to afford him or her adequate information as to quality and
identity; and to achieve national uniformity in so far as possible. IN
ADDITION, FOR THE APPROVAL OF LABELS FOR CONTAINERS OF ANY ALCOHOLIC
BEVERAGE THAT CONTAINS MORE THAN TWO PER CENTUM ALCOHOL BY VOLUME, IN
COMBINATION WITH MORE THAN FIVE MILLIGRAMS PER OUNCE OF CAFFEINE OR ANY
OTHER STIMULANT INCLUDING, BUT NOT LIMITED TO GUARANA, GINSENG OR
TAURINE THAT HAS AN EQUIVALENT EFFECT AS SUCH QUANTITY OF CAFFEINE, THE
LABEL OR CONTAINER THEREOF MUST:
(A) HAVE A DISCLOSURE THAT IS EITHER PART OF THE LABEL OR AFFIXED TO
THE CONTAINER THAT ADVISES PURCHASERS THAT THIS ALCOHOLIC BEVERAGE (I)
CONTAINS A COMBINATION OF HIGH CONCENTRATIONS OF ALCOHOL (A DEPRESSANT)
AND CAFFEINE (A STIMULANT) OR ANOTHER STIMULANT, AND THAT THE HEALTH
EFFECTS OF SUCH COMBINATION ARE NOT COMPLETELY KNOWN; (II) OVER CONSUMP-
TION OF THIS ALCOHOLIC BEVERAGE MAY CAUSE FUTURE CARDIOVASCULAR OR
NEUROLOGICAL PROBLEMS, HIGHER RISK OF ACCIDENTAL PHYSICAL INJURY TO THE
CONSUMER OR OTHERS, OR ALCOHOL POISONING; (III) THE STIMULANT IN THIS
ALCOHOLIC BEVERAGE MAY MASK THE LEVEL OF IMPAIRMENT AND DISORIENTATION
THAT CAN OCCUR DUE TO THE AMOUNT OF ALCOHOL THAT IS ALSO CONTAINED IN
THIS BEVERAGE; AND (IV) THE OPERATION OF MOTOR VEHICLES AND OTHER
MACHINERY SHOULD BE AVOIDED AFTER CONSUMING THIS ALCOHOLIC BEVERAGE;
(B) BE DESIGNED SO THAT IT CANNOT BE CONFUSED WITH OTHER ENERGY DRINKS
OR BEVERAGES THAT ARE NOT ALCOHOLIC BEVERAGES AND ARE LEGALLY AVAILABLE
FOR SALE TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS. SUCH DESIGN MAY
BE ACCOMPLISHED BY A LABEL DESIGN THAT PLACES A STRIPE OR OTHER INDICA-
TOR TO SHOW THAT THIS BEVERAGE CONTAINS ALCOHOL OR BY AFFIXING THE
DISCLOSURE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION THAT ALSO
CLEARLY INDICATES THAT THE BEVERAGE CONTAINS ALCOHOL AND THAT IT IS
ILLEGAL TO BE CONSUMED BY ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS;
AND
(C) BE DESIGNED SO AS NOT TO BE ATTRACTIVE TO OR ENCOURAGE THE
CONSUMPTION OF SUCH ALCOHOLIC BEVERAGE BY PERSONS UNDER THE AGE OF TWEN-
TY-ONE YEARS. SUCH DESIGN MAY BE ACCOMPLISHED BY A LABEL DESIGN THAT
CLEARLY INDICATES THAT THIS IS AN ALCOHOLIC BEVERAGE THAT CANNOT BE
LEGALLY CONSUMED BY PERSONS UNDER THE AGE OF TWENTY-ONE YEARS OR BY THE
PROMINENT AFFIXING OF THE DISCLOSURE REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION.
§ 3. Clause (ii) of subparagraph 2 of paragraph (a) of subdivision 4
of section 107-a of the alcoholic beverage control law, as amended by
chapter 354 of the laws of 2013, is amended to read as follows:
(ii) the authority does not deny such application within thirty days
after receipt; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY ALCOHOLIC
BEVERAGE THAT CONTAIN A COMBINATION OF ALCOHOL AND CAFFEINE OR OTHER
STIMULANT, AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE AUTHORI-
TY DOES NOT DENY SUCH APPLICATION WITHIN ONE HUNDRED TWENTY DAYS AFTER
RECEIPT SO THAT THE AUTHORITY HAS A SUFFICIENT PERIOD OF TIME TO REVIEW
SUCH LABEL AND ENSURE THAT THE REQUIREMENTS ESTABLISHED IN SUCH SUBDIVI-
SION ARE COMPLIED WITH.
§ 4. This act shall take effect on the two hundred seventieth day
after it shall have become a law. Effective immediately, the state
liquor authority is authorized to add, amend and/or repeal any rules and
regulations necessary to implement the provisions of this act within one
hundred twenty days after it shall have become a law.