S T A T E   O F   N E W   Y O R K
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                                  5217

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by  M.  of A. ORTIZ, MILLER, COOK, CASTRO, McDONOUGH, FINCH,
  MONTESANO, BARRON -- Multi-Sponsored by -- M. of  A.  HIKIND  --  read
  once and referred to the Committee on Economic Development

AN ACT to amend the general business law, in relation to prohibiting the
  sale of alcoholic energy drinks

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-yyy to read as follows:
  S 399-YYY. PROHIBITION ON THE IMPORTATION,  DISTRIBUTION  OR  SALE  OF
ALCOHOLIC ENERGY DRINKS. 1. NO PERSON, FIRM, CORPORATION, OR ASSOCIATION
SHALL  IMPORT,  DISTRIBUTE,  SELL  OR OFFER TO SELL ANY ALCOHOLIC ENERGY
DRINK.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ALCOHOLIC ENERGY DRINK"
MEANS ANY ALCOHOLIC BEVERAGES TO  WHICH  CAFFEINE  OR  OTHER  STIMULANTS
WHICH ARE METABOLIZED AS CAFFEINE ARE ADDED.
  3.  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATIONS;  AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08653-01-3
              

A. 5217                             2

THAN  ONE THOUSAND DOLLARS FOR EACH VIOLATION. EACH SALE OF AN ALCOHOLIC
ENERGY DRINK IN VIOLATION OF THIS SECTION SHALL  CONSTITUTE  A  SEPARATE
VIOLATION.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
NEY  GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES.
  S 2. This act shall take effect immediately.