STATE OF NEW YORK
________________________________________________________________________
3760
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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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:
1 Section 1. The general business law is amended by adding a new section
2 399-yyy to read as follows:
3 § 399-yyy. Prohibition on the importation, distribution or sale of
4 alcoholic energy drinks. 1. No person, firm, corporation, or association
5 shall import, distribute, sell or offer to sell any alcoholic energy
6 drink.
7 2. For the purposes of this section, the term "alcoholic energy drink"
8 means any alcoholic beverages to which caffeine or other stimulants
9 which are metabolized as caffeine are added.
10 3. Whenever there shall be a violation of this section an application
11 may be made by the attorney general in the name of the people of the
12 state of New York to a court or justice having jurisdiction by a special
13 proceeding to issue an injunction, and upon notice to the defendant of
14 not less than five days, to enjoin and restrain the continuance of such
15 violations; and if it shall appear to the satisfaction of the court or
16 justice that the defendant has, in fact, violated this section, an
17 injunction may be issued by the court or justice, enjoining and
18 restraining any further violations, without requiring proof that any
19 person has, in fact, been injured or damaged thereby. In any such
20 proceeding, the court may make allowances to the attorney general as
21 provided in paragraph six of subdivision (a) of section eighty-three
22 hundred three of the civil practice law and rules, and direct restitu-
23 tion. Whenever the court shall determine that a violation of this
24 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
1 than one thousand dollars for each violation. Each sale of an alcoholic
2 energy drink in violation of this section shall constitute a separate
3 violation. In connection with any such proposed application, the attor-
4 ney general is authorized to take proof and make a determination of the
5 relevant facts and to issue subpoenas in accordance with the civil prac-
6 tice law and rules.
7 § 2. This act shall take effect immediately.
