S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3751
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 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.
              

                                                            LBD08194-01-9

 A. 3751                             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 369 of the laws of 2017, 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 CONTAINS 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.  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 440 of the laws of 2018, 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

 A. 3751                             3
 
 BEVERAGE  THAT  CONTAINS  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.
   § 5. This act shall take effect on  the  two  hundred  seventieth  day
 after it shall have become a law, provided, however, that if chapter 440
 of  the  laws of 2018 shall not have taken effect on or before such date
 then section four of this act shall take effect on the same date and  in
 the same manner as such chapter of the laws of 2018 takes effect. Effec-
 tive 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.