S T A T E   O F   N E W   Y O R K
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                                  8443

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by  M. of A. ORTIZ, ROBINSON, AUBRY -- Multi-Sponsored by --
  M. of A.  ARROYO, THIELE -- read once and referred to the Committee on
  Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  requiring the segregation of certain alcoholic beverages with a stimu-
  lant  sold for off-premises consumption and the labeling of containers
  containing certain alcoholic beverages

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

  Section  1.  Section  105  of  the  alcoholic  beverage control law is
amended by adding a new subdivision 13 to read as follows:
  13. (A) EACH RETAIL LICENSE FOR OFF-PREMISES  CONSUMPTION  THAT  SELLS
ALCOHOLIC  BEVERAGES  THAT  CONTAIN  MORE THAN TWO PER CENTUM ALCOHOL BY
VOLUME, IN COMBINATION WITH MORE  THAN  FIVE  MILLIGRAMS  PER  OUNCE  OF
CAFFEINE  OR  ANY OTHER STIMULANT INCLUDING, BUT NOT LIMITED TO GUARANA,
GINSENG OR TAURINE THAT HAS AN EQUIVALENT EFFECT  AS  SUCH  QUANTITY  OF
CAFFEINE  SHALL SELL SUCH ALCOHOLIC BEVERAGES IN AN AREA OF THE LICENSED
PREMISES THAT IS SEGREGATED FROM THE AREA WHERE OTHER BEVERAGES, INCLUD-
ING ALCOHOLIC BEVERAGES, ARE SOLD. NO SUCH ALCOHOLIC BEVERAGES  CONTAIN-
ING  A  STIMULANT  SHALL BE COMMINGLED WITH OTHER ALCOHOLIC BEVERAGES OR
ENERGY DRINKS.
  (B) AT THE FRONT OF THE SEGREGATED AREA OF THE LICENSED PREMISES WHERE
ALCOHOLIC BEVERAGES CONTAINING A STIMULANT ARE SOLD, THE LICENSEE  SHALL
CONSPICUOUSLY  POST  A SIGN CONTAINING THE NOTICES AND WARNINGS PROVIDED
FOR IN PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION  ONE  OF  SECTION  ONE
HUNDRED  SEVEN-A  OF  THIS ARTICLE.   FURTHERMORE, SUCH SIGN SHALL STATE
THAT THESE BEVERAGES CONTAIN  ALCOHOL  AND  BY  LAW  CANNOT  LEGALLY  BE
CONSUMED  BY  PERSONS  UNDER THE AGE OF TWENTY-ONE YEARS, AND THAT THESE
BEVERAGES SHOULD NOT BE CONFUSED WITH ENERGY DRINKS.  THE  STATE  LIQUOR
AUTHORITY  SHALL  BE  AUTHORIZED  TO  PROMULGATE  RULES  AND REGULATIONS
PROVIDING FOR THE FORM AND CONTENT OF SUCH NOTICES AND WARNINGS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04191-01-5
              

A. 8443                             2

  S 2. The closing paragraph of subdivision 1 of section  107-a  of  the
alcoholic beverage control law, as amended by chapter 354 of the laws of
2013, is amended to read as follows:
  Such  regulations  shall  be  calculated  to prohibit deception of the
consumer; to afford him or her adequate information as  to  quality  and
identity;  and to achieve national uniformity in so far as possible.  IN
ADDITION, FOR THE APPROVAL OF LABELS FOR  CONTAINERS  OF  ANY  ALCOHOLIC
BEVERAGE  THAT  CONTAINS  MORE THAN TWO PER CENTUM ALCOHOL BY VOLUME, IN
COMBINATION WITH MORE THAN FIVE MILLIGRAMS PER OUNCE OF CAFFEINE OR  ANY
OTHER  STIMULANT  INCLUDING,  BUT  NOT  LIMITED  TO  GUARANA, GINSENG OR
TAURINE THAT HAS AN EQUIVALENT EFFECT AS SUCH QUANTITY OF CAFFEINE,  THE
LABEL OR CONTAINER THEREOF MUST:
  (A)  HAVE  A DISCLOSURE THAT IS EITHER PART OF THE LABEL OR AFFIXED TO
THE CONTAINER THAT ADVISES PURCHASERS THAT THIS ALCOHOLIC  BEVERAGE  (I)
CONTAINS  A COMBINATION OF HIGH CONCENTRATIONS OF ALCOHOL (A DEPRESSANT)
AND CAFFEINE (A STIMULANT) OR ANOTHER STIMULANT,  AND  THAT  THE  HEALTH
EFFECTS OF SUCH COMBINATION ARE NOT COMPLETELY KNOWN; (II) OVER CONSUMP-
TION  OF  THIS  ALCOHOLIC  BEVERAGE  MAY  CAUSE FUTURE CARDIOVASCULAR OR
NEUROLOGICAL PROBLEMS, HIGHER RISK OF ACCIDENTAL PHYSICAL INJURY TO  THE
CONSUMER  OR  OTHERS,  OR ALCOHOL POISONING; (III) THE STIMULANT IN THIS
ALCOHOLIC BEVERAGE MAY MASK THE LEVEL OF IMPAIRMENT  AND  DISORIENTATION
THAT  CAN  OCCUR  DUE TO THE AMOUNT OF ALCOHOL THAT IS ALSO CONTAINED IN
THIS BEVERAGE; AND (IV)  THE  OPERATION  OF  MOTOR  VEHICLES  AND  OTHER
MACHINERY SHOULD BE AVOIDED AFTER CONSUMING THIS ALCOHOLIC BEVERAGE;
  (B) BE DESIGNED SO THAT IT CANNOT BE CONFUSED WITH OTHER ENERGY DRINKS
OR BEVERAGES THAT ARE NOT ALCOHOLIC  BEVERAGES AND ARE LEGALLY AVAILABLE
FOR  SALE  TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS. SUCH DESIGN MAY
BE ACCOMPLISHED BY A LABEL DESIGN THAT PLACES A STRIPE OR OTHER  INDICA-
TOR  TO  SHOW  THAT  THIS  BEVERAGE  CONTAINS ALCOHOL OR BY AFFIXING THE
DISCLOSURE REQUIRED BY PARAGRAPH  (A)  OF  THIS  SUBDIVISION  THAT  ALSO
CLEARLY  INDICATES  THAT  THE  BEVERAGE  CONTAINS ALCOHOL AND THAT IT IS
ILLEGAL TO BE CONSUMED BY ANY PERSON UNDER THE AGE OF TWENTY-ONE  YEARS;
AND
  (C)  BE  DESIGNED  SO  AS  NOT  TO  BE  ATTRACTIVE TO OR ENCOURAGE THE
CONSUMPTION OF SUCH ALCOHOLIC BEVERAGE BY PERSONS UNDER THE AGE OF TWEN-
TY-ONE YEARS. SUCH DESIGN MAY BE ACCOMPLISHED BY  A  LABEL  DESIGN  THAT
CLEARLY  INDICATES  THAT  THIS  IS  AN ALCOHOLIC BEVERAGE THAT CANNOT BE
LEGALLY CONSUMED BY PERSONS UNDER THE AGE OF TWENTY-ONE YEARS OR BY  THE
PROMINENT  AFFIXING  OF THE DISCLOSURE REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION.
  S 3. Clause (ii) of subparagraph 2 of paragraph (a) of  subdivision  4
of  section  107-a  of the alcoholic beverage control law, as amended by
chapter 354 of the laws of 2013, is amended to read as follows:
  (ii) the authority does not deny such application within  thirty  days
after  receipt;  PROVIDED,  HOWEVER,  THAT WITH RESPECT TO ANY ALCOHOLIC
BEVERAGE THAT CONTAIN A COMBINATION OF ALCOHOL  AND  CAFFEINE  OR  OTHER
STIMULANT, AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE AUTHORI-
TY  DOES  NOT DENY SUCH APPLICATION WITHIN ONE HUNDRED TWENTY DAYS AFTER
RECEIPT SO THAT THE AUTHORITY HAS A SUFFICIENT PERIOD OF TIME TO  REVIEW
SUCH LABEL AND ENSURE THAT THE REQUIREMENTS ESTABLISHED IN SUCH SUBDIVI-
SION ARE COMPLIED WITH.
  S  4.  This  act  shall  take effect on the two hundred seventieth day
after it shall have become a law.    Effective  immediately,  the  state
liquor authority is authorized to add, amend and/or repeal any rules and
regulations necessary to implement the provisions of this act within one
hundred twenty days after it shall have become a law.