S T A T E   O F   N E W   Y O R K
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                                  5169

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. ORTIZ, ROBINSON, AUBRY, GIBSON, N. RIVERA, STEV-
  ENSON, P. RIVERA -- Multi-Sponsored by -- M. of  A.  ARROYO,  McENENY,
  THIELE -- read once and referred to the Committee on Economic Develop-
  ment

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 TWO 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.
              

                                                           LBD05017-01-1

A. 5169                             2

  S  2. Subdivision 2 of section 107-a of the alcoholic beverage control
law, as added by chapter 479 of the laws of 1940, is amended to read  as
follows:
  2.  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 this field 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 (c) of subdivision 4
of section 107-a of the alcoholic beverage control law,  as  amended  by
chapter 490 of the laws of 1993, 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 TWO 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.