Senate Bill S9146

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9146
 
                             I N  S E N A T E
 
                             February 6, 2026
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 and the tax 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.
   (E)  THE  COVERED LICENSEE SHALL PROVIDE DRINK DRUG TESTING DEVICES AT
 NO COST TO THE CUSTOMER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13133-03-6
 S. 9146                             2
 
   (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. The tax law is amended by adding a new section 210-D to read  as
 follows:
   §  210-D.  DRINK  DRUG  TESTING  DEVICES.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW  TO  THE  CONTRARY, FOR PURPOSES OF THIS CHAPTER, ANY
 AMOUNT PAID OR INCURRED BY 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 THE ALCOHOLIC BEVERAGE CONTROL LAW TO MAKE  AVAILABLE  A
 DRINK  DRUG  TESTING  DEVICE TO CONSUMERS PURSUANT TO SUBDIVISION TEN OF
 SECTION ONE HUNDRED OF THE ALCOHOLIC   BEVERAGE  CONTROL  LAW  SHALL  BE
 TREATED  AS  AN  ORDINARY  AND  NECESSARY  BUSINESS EXPENSE AND SHALL BE
 DEDUCTIBLE WHEN COMPUTING TAXABLE INCOME.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.