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:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 117-c to read as follows:
3 § 117-c. Sale of powdered distilled alcohol prohibited. 1. No person,
4 corporation, partnership or limited liability company shall knowingly
5 sell or offer for sale powdered distilled alcohol.
6 2. A violation of the provisions of this section shall be an offense
7 punishable by a fine of not more than five thousand dollars. A violation
8 of the provisions of this section after having been previously convicted
9 of such an offense within the previous five years shall be a class B
10 misdemeanor punishable by a fine of not more than ten thousand dollars.
11 3. Nothing in this section shall be construed to prohibit the authori-
12 ty from instituting proceedings to suspend, cancel, or revoke a license
13 as provided in section seventeen of this chapter.
14 § 2. Section 65-c of the alcoholic beverage control law, as added by
15 chapter 592 of the laws of 1989, subdivision 3 as amended by chapter 137
16 of the laws of 2001, is amended to read as follows:
17 § 65-c. Unlawful possession of an alcoholic beverage or powdered
18 distilled alcohol with the intent to consume by persons under the age of
19 twenty-one years. 1. Except as hereinafter provided, no person under the
20 age of twenty-one years shall possess any alcoholic beverage, as defined
21 in this chapter, or powdered distilled alcohol with the intent to
22 consume such beverage or powdered distilled alcohol.
23 2. A person under the age of twenty-one years may possess any alcohol-
24 ic beverage with intent to consume if the alcoholic beverage is given:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14835-02-4
S. 7195 2
1 (a) to a person who is a student in a curriculum licensed or regis-
2 tered by the state education department and the student is required to
3 taste or imbibe alcoholic beverages in courses which are a part of the
4 required curriculum, provided such alcoholic beverages are used only for
5 instructional purposes during class conducted pursuant to such curric-
6 ulum; or
7 (b) to the person under twenty-one years of age by that person's
8 parent or guardian.
9 3. Any person who unlawfully possesses an alcoholic beverage or
10 powdered distilled alcohol with intent to consume may be summoned before
11 and examined by a court having jurisdiction of that charge; provided,
12 however, that nothing contained herein shall authorize, or be construed
13 to authorize, a peace officer as defined in subdivision thirty-three of
14 section 1.20 of the criminal procedure law or a police officer as
15 defined in subdivision thirty-four of section 1.20 of such law to arrest
16 a person who unlawfully possesses an alcoholic beverage or powdered
17 distilled alcohol with intent to consume. If a determination is made
18 sustaining such charge the court may impose a fine not exceeding fifty
19 dollars and/or completion of an alcohol awareness program established
20 pursuant to section 19.25 of the mental hygiene law and/or an appropri-
21 ate amount of community service not to exceed thirty hours.
22 4. No such determination shall operate as a disqualification of any
23 such person subsequently to hold public office, public employment, or as
24 a forfeiture of any right or privilege or to receive any license granted
25 by public authority; and no such person shall be denominated a criminal
26 by reason of such determination, nor shall such determination be deemed
27 a conviction.
28 5. Whenever a peace officer as defined in subdivision thirty-three of
29 section 1.20 of the criminal procedure law or police officer as defined
30 in subdivision thirty-four of section 1.20 of the criminal procedure law
31 shall observe a person under twenty-one years of age openly in
32 possession of an alcoholic beverage as defined in this chapter, or
33 powdered distilled alcohol with the intent to consume such beverage or
34 powdered distilled alcohol in violation of this section, said officer
35 may seize the beverage or powdered distilled alcohol, and shall deliver
36 it to the custody of his or her department.
37 6. Any alcoholic beverage or powdered distilled alcohol seized in
38 violation of this section is hereby declared a nuisance. The official to
39 whom the beverage or powdered distilled alcohol has been delivered
40 shall, no earlier than three days following the return date for initial
41 appearance on the summons, dispose of or destroy the alcoholic beverage
42 or powdered distilled alcohol seized or cause it to be disposed of or
43 destroyed. Any person claiming ownership of an alcoholic beverage or
44 powdered distilled alcohol seized under this section may, on the initial
45 return date of the summons or earlier on five days notice to the offi-
46 cial or department in possession of the beverage or powdered distilled
47 alcohol, apply to the court for an order preventing the destruction or
48 disposal of the alcoholic beverage or powdered distilled alcohol seized
49 and ordering the return of that beverage or powdered distilled alcohol.
50 The court may order the beverage or powdered distilled alcohol returned
51 if it is determined that return of the beverage or powdered distilled
52 alcohol would be in the interest of justice or that the beverage or
53 powdered distilled alcohol was improperly seized.
54 § 3. This act shall take effect immediately.
