Bill S7195-2013

Prohibits the sale of powdered alcohol and the possession of powdered distilled alcohol by persons under the age of twenty-one

Prohibits the sale of powdered alcohol and the possession of powdered distilled alcohol by persons under the age of twenty-one.

Details

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  • May 5, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S7195

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to prohibiting the sale of powdered alcohol and prohibiting the possession of powdered distilled alcohol by persons under the age of twenty-one

PURPOSE: To ban the sale of powdered distilled alcohol and prohibit the possession of powdered alcohol by persons under the age of twenty-one.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 117-c to the Alcoholic Beverage Control Law to prohibit the sale of powdered distilled alcohol and to establish fines and punishments for violation of the provisions of the new section.

Section 2 of the bill amends section 65-c of the Alcoholic Beverage Control Law to add powdered distilled alcohol to the statute on unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years.

JUSTIFICATION: Recent news about the federal government's approval of labels for a company which plans to sell powdered alcohol products have raised serious concerns about the safety of such a product.

Powdered alcohol is much easier to smuggle into schools, sporting events, restaurants, or other venues than traditional alcoholic beverages. Its portability and easy concealment have been highlighted by the manufacturers of one brand of powdered alcohol. The proliferation of powdered alcohol could potentially lead to increased rates of public intoxication and unsafe situations for both the consumer of powdered alcohol and others nearby.

When one takes into account the portability and ease of concealment of the product and the clear intent of the manufacturer to market it as a convenient and surreptitious way to drink, it is plain to see that it would be extremely dangerous, especially in the hands of those under the age of twenty-one. Its potential to encourage binge drinking and irresponsible consumption are very problematic.

This bill would prohibit powdered distilled alcohol from being sold in New York State and would also make possession of powdered distilled alcohol by any person under the age of twenty-one years against the law.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7195 IN SENATE May 5, 2014 ___________
Introduced by Sen. HOYLMAN -- 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, in relation to prohibiting the sale of powdered alcohol and prohibiting the possession of powdered distilled alcohol by persons under the age of twenty-one 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 117-c to read as follows: S 117-C. SALE OF POWDERED DISTILLED ALCOHOL PROHIBITED. 1. NO PERSON, CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY SHALL KNOWINGLY SELL OR OFFER FOR SALE POWDERED DISTILLED ALCOHOL. 2. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS. A VIOLATION OF THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN PREVIOUSLY CONVICTED OF SUCH AN OFFENSE WITHIN THE PREVIOUS FIVE YEARS SHALL BE A CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS. 3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE AUTHORI- TY FROM INSTITUTING PROCEEDINGS TO SUSPEND, CANCEL, OR REVOKE A LICENSE AS PROVIDED IN SECTION SEVENTEEN OF THIS CHAPTER. S 2. Section 65-c of the alcoholic beverage control law, as added by chapter 592 of the laws of 1989, subdivision 3 as amended by chapter 137 of the laws of 2001, is amended to read as follows: S 65-c. Unlawful possession of an alcoholic beverage OR POWDERED DISTILLED ALCOHOL with the intent to consume by persons under the age of twenty-one years. 1. Except as hereinafter provided, no person under the age of twenty-one years shall possess any alcoholic beverage, as defined in this chapter, OR POWDERED DISTILLED ALCOHOL with the intent to consume such beverage OR POWDERED DISTILLED ALCOHOL. 2. A person under the age of twenty-one years may possess any alcohol- ic beverage with intent to consume if the alcoholic beverage is given:
(a) to a person who is a student in a curriculum licensed or regis- tered by the state education department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curric- ulum; or (b) to the person under twenty-one years of age by that person's parent or guardian. 3. Any person who unlawfully possesses an alcoholic beverage OR POWDERED DISTILLED ALCOHOL with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage OR POWDERED DISTILLED ALCOHOL with intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or an appropri- ate amount of community service not to exceed thirty hours. 4. No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction. 5. Whenever a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law shall observe a person under twenty-one years of age openly in possession of an alcoholic beverage as defined in this chapter, OR POWDERED DISTILLED ALCOHOL with the intent to consume such beverage OR POWDERED DISTILLED ALCOHOL in violation of this section, said officer may seize the beverage OR POWDERED DISTILLED ALCOHOL, and shall deliver it to the custody of his or her department. 6. Any alcoholic beverage OR POWDERED DISTILLED ALCOHOL seized in violation of this section is hereby declared a nuisance. The official to whom the beverage OR POWDERED DISTILLED ALCOHOL has been delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage OR POWDERED DISTILLED ALCOHOL seized or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage OR POWDERED DISTILLED ALCOHOL seized under this section may, on the initial return date of the summons or earlier on five days notice to the offi- cial or department in possession of the beverage OR POWDERED DISTILLED ALCOHOL, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage OR POWDERED DISTILLED ALCOHOL seized and ordering the return of that beverage OR POWDERED DISTILLED ALCOHOL. The court may order the beverage OR POWDERED DISTILLED ALCOHOL returned if it is determined that return of the beverage OR POWDERED DISTILLED ALCOHOL would be in the interest of justice or that the beverage OR POWDERED DISTILLED ALCOHOL was improperly seized. S 3. This act shall take effect immediately.

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