S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3760
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ORTIZ, M. G. MILLER, COOK, McDONOUGH, FINCH,
   MONTESANO -- 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:
   § 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.
              

                                                            LBD07763-01-9

 A. 3760                             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.
   § 2. This act shall take effect immediately.