Assembly Bill A8613

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8613
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  LEVENBERG, REYES -- read once and
   referred to the Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   requiring  certain  licensees to provide drink drug testing devices to
   protect consumers from drink spiking

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  100  of  the  alcoholic  beverage control law is
 amended by adding a new subdivision 10 to read as follows:
   10. A COVERED LICENSEE SHALL NOT SERVE ALCOHOLIC BEVERAGES ON LICENSED
 PREMISES UNLESS A DRINK DRUG TESTING DEVICE IS READILY AVAILABLE  TO  BE
 SUPPLIED TO ITS CUSTOMERS UPON REQUEST.
   (A)  FOR THE PURPOSES OF THIS SUBDIVISION, A DRINK DRUG TESTING DEVICE
 IS A DEVICE THAT: (I) UTILIZES TEST STRIPS TO  DETECT  THE  PRESENCE  OF
 DRUGS IN ALCOHOLIC BEVERAGES;
   (II)  IS  CAPABLE OF DETECTING THE PRESENCE OF AT LEAST TEN CONTROLLED
 SUBSTANCES (AS DEFINED IN 21 U.S.C § 802.6);
   (III) IS CAPABLE OF DETECTING AT LEAST TWO DRUGS LISTED AS  DATE  RAPE
 DRUGS (AS DEFINED IN 21 U.S.C. §841.G.2A);
   (IV)  IS  CAPABLE  OF  PROVIDING  RESULTS IN NO MORE THAN FIVE MINUTES
 AFTER THE ALCOHOLIC BEVERAGE IS APPLIED TO THE DEVICE; AND
   (V) IS MANUFACTURED IN THE UNITED STATES OR ITS TERRITORIES.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, A COVERED LICENSEE MEANS  AN
 ENTITY  LICENSED  UNDER  SECTION  FIFTY-FIVE,  FIFTY-FIVE-A, SIXTY-FOUR,
 SIXTY-FOUR-A, SIXTY-FOUR-D, EIGHTY-ONE OR EIGHTY-ONE-A OF THIS CHAPTER.
   (C) THE COVERED LICENSEE SHALL  POST  A  NOTICE  IN  A  PROMINENT  AND
 CONSPICUOUS LOCATION THAT INFORMS CUSTOMERS OF THE AVAILABILITY OF DRINK
 DRUG TESTING DEVICES.
   (D) THE COVERED LICENSEE SHALL NOT BE HELD LIABLE FOR A DEFECTIVE TEST
 OR  INACCURATE TEST RESULT, INCLUDING, BUT NOT LIMITED TO, A FALSE POSI-
 TIVE OR FALSE NEGATIVE TEST RESULT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13133-01-5
              

 A. 8613                             2
 
   (E) THE COVERED LICENSEE SHALL PROVIDE DRINK DRUG TESTING DEVICES  FOR
 FREE  OR AT A COST NOT TO EXCEED A REASONABLE AMOUNT BASED ON THE WHOLE-
 SALE COST OF SUCH DEVICES.
   (F) THE COVERED LICENSEE SHALL ENSURE THAT ALL TESTING DEVICES OFFERED
 TO  CUSTOMERS  HAVE  NOT  EXCEEDED  THEIR EXPIRATION DATE OR RECOMMENDED
 PERIOD OF USE, ACCORDING TO THE PRODUCT  LABEL,  PRODUCT  PACKAGING,  OR
 OTHERWISE RECOMMENDED BY THE MANUFACTURER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.