Alcohol Vapor Machines Banned

August 4, 2006
Governor Pataki has given final approval to a new law, Chapter 172 of the Laws of 2006, that bans the sale of Alcohol Without Liquid (AWOL) machines. These devices mix spirits, liquor or other alcohol with oxygen or other gases to produce a vapor that is then inhaled.

The machine is being marketed as a hangover-free, calorie-free, and carb-free way to enjoy alcohol. “Actually, it is an alarmingly efficient alcohol-delivery system which has not undergone appropriate scientific testing of the risks it poses to life and health,” said Assemblyman Robin Schimminger, who sponsored the bill in the State Assembly. “Individuals using this device may not realize the immediate effects that alcohol consumption in this manner will have on them and may think that they can get behind the wheel and drive. A few counties have enacted local statutes outlawing the AWOL machines, but this new law will put a uniform ban in place on a statewide basis.”

Currently, the device can be easily purchased online. “Because there is no age verification requirement to purchase the machine and the machines are portable, there is the potential that these devices will end up in the hands of underage individuals,” said Schimminger, who chairs the Assembly Economic Development Committee that has oversight of the state’s Alcoholic Beverage Control Law.

The new law provides that persons who sell or offer for sale these devices are subject to a fine of up to $5,000 for a first offense, and are guilty of a B misdemeanor, punishable by a fine of up to $10,000, for a subsequent offense within five years. In addition, it prohibits the possession or use of a vaporizing device by a bar, tavern or any other licensed premises and violators are also subject to a fine of up to $5,000 for a first offense, and are guilty of a B misdemeanor, punishable by a fine of up to $10,000, for a subsequent offense within five years

“New York State has taken major strides in fighting drunk driving and underage drinking. This new law will continue that important endeavor,” concluded Schimminger.

This legislation, which takes effect November 1, 2006, was sponsored in the State Senate by Senator Catharine Young.