Senate Bill S10481

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10481
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   preventative safety tools
 
   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 65-f to read as follows:
   §  65-F.  PREVENTATIVE  SAFETY  TOOLS;  POSTING  THEREOF.  1.  FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "PREVENTATIVE  SAFETY  TOOLS"  MEANS  STRAWS  AND  OTHER DEVICES,
 INCLUDING BUT NOT LIMITED TO DRINK COVERS.
   (B) "CONTROLLED SUBSTANCES" INCLUDES, BUT IS NOT LIMITED TO, FLUNITRA-
 ZEPAM, KETAMINE, AND GAMMA HYDROXYBUTYRIC  ACID,  ALSO  KNOWN  BY  OTHER
 NAMES,  INCLUDING  GHB,  GAMMA HYDROXYBUTYRATE, 4-HYDROXYBUTYRATE, 4-HY-
 DROXYBUTANOIC ACID, SODIUM OXYBATE, AND SODIUM OXYBUTYRATE.
   2. AN APPLICANT FOR A LICENSE ISSUED PURSUANT TO THIS ARTICLE  OR  THE
 HOLDER  OF  AN EXISTING LICENSE SHALL OFFER TO THEIR CUSTOMERS PREVENTA-
 TIVE SAFETY TOOLS, WHILE EXPRESSLY ALLOWING LICENSEES THE OPTION TO SELL
 THEM, PROVIDE THEM FREE OF CHARGE, OR DISTRIBUTE THEM THROUGH THIRD-PAR-
 TY OR SPONSORED PROGRAMS.
   3. A LICENSEE SUBJECT TO SUBDIVISION TWO OF THIS  SECTION  SHALL  POST
 THE FOLLOWING NOTICE IN A PROMINENT AND CONSPICUOUS LOCATION:
   "SAFETY  FIRST,  NEVER LEAVE YOUR DRINK UNATTENDED!  DRINK LIDS AVAIL-
 ABLE HERE. ASK A STAFF MEMBER FOR DETAILS."
   4. THIS SECTION SHALL NOT PREVENT A LICENSEE FROM  OFFERING  PREVENTA-
 TIVE SAFETY TOOLS TO THEIR CUSTOMERS FREE OF CHARGE.
   5.  A  LICENSEE  SHALL  NOT  BE HELD LIABLE FOR DEFECTIVE PREVENTATIVE
 SAFETY TOOLS.
   6. A LICENSEE SHALL ENSURE THAT ALL PREVENTATIVE SAFETY TOOLS  OFFERED
 TO CUSTOMERS HAVE NOT EXCEEDED THE EXPIRATION DATE OR RECOMMENDED PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13795-03-6
              

 S. 10481                            2
 
 OF  USE, ACCORDING TO THE PRODUCT LABEL, PRODUCT PACKAGING, OR OTHERWISE
 RECOMMENDED BY THE MANUFACTURER.
   7. A VIOLATION OF THIS SECTION IS NOT A CRIME.
   8.  THE  AUTHORITY SHALL POST ON ITS INTERNET WEBSITE A LINK TO A PAGE
 THAT CONTAINS  INFORMATION  ABOUT  THE  REQUIREMENTS  OF  THIS  SECTION,
 INCLUDING, BUT NOT LIMITED TO, THE SIGNAGE THAT IS REQUIRED TO BE POSTED
 AND  THE  TYPES  OF  PREVENTATIVE  SAFETY  TOOLS THAT ARE REQUIRED TO BE
 AVAILABLE ON A LICENSED PREMISES.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.