Senate Bill S8506

2009-2010 Legislative Session

Designates as liquor, for purposes of sale and distribution, certain alcoholic beverages containing caffeine or other stimulants

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S8506 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง3, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S2798

2009-S8506 (ACTIVE) - Summary

Designates as liquor, for purposes of sale and distribution, certain alcoholic beverages containing caffeine or other stimulants.

2009-S8506 (ACTIVE) - Sponsor Memo

2009-S8506 (ACTIVE) - Bill Text download pdf

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

                                  8506

                            I N  S E N A T E

                            November 8, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  including,  for  the purposes of distribution and retail sale, certain
  alcoholic beverages containing a stimulant within  the  definition  of
  "liquor"

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

  Section 1. Subdivisions 3 and 19 of section 3 of the alcoholic  bever-
age control law are amended to read as follows:
  3.  "Beer"  means  and includes any fermented beverages of any name or
description manufactured from malt, wholly  or  in  part,  or  from  any
substitute therefor; PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE
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.
  19. "Liquor" means and includes any and  all  distilled  or  rectified
spirits,  brandy, whiskey, rum, gin, cordials or similar distilled alco-
holic beverages, including all dilutions and mixtures of one or more  of
the  foregoing;  PROVIDED,  FURTHER, THAT SOLELY FOR THE PURPOSES OF THE
DISTRIBUTION, WHOLESALE AND RETAIL SALE THEREOF, SUCH TERM SHALL INCLUDE
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.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law; provided that the provisions of this act
shall not apply to any retail sale of an  alcoholic  beverage  which  is
received by a person licensed to sell alcoholic beverages for on-premis-
es  or  off-premises consumption, within sixty days of the date this act
shall have become a law. Effective immediately, the state liquor author-
ity is authorized to amend, add and/or repeal any rules and  regulations
necessary  to  implement  the  provisions  of  this act on or before its
effective date.
              

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