|SAME AS||SAME AS S01354|
|COSPNSR||Dinowitz, Titone, Hooper, Peoples-Stokes, Gottfried, Jaffee, Cusick, McDonald|
|Add S117-c, amd S65-c, ABC L|
|Prohibits the sale of powdered alcohol and the possession of powdered distilled alcohol by persons under the age of twenty-one.|
|01/29/2015||referred to economic development|
|01/06/2016||referred to economic development|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4236 SPONSOR: Glick (MS)
TITLE OF BILL: 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   PURPOSE: To ban the sale of powdered distilled alcohol and prohibit the possession of powdered alcohol by persons under the age of twenty- one.   SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 117-c to the Alcoholic Beverage Control Law to prohibit the sale of powdered distilled alcohol and to establish fines and punishments for violation of the provisions of the new section. Section 2 of the bill amends section 65-c of the Alcoholic Beverage Control Law to add powdered distilled alcohol to the statute on unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years.   JUSTIFICATION: Recent news about the federal government's approval of labels, for a company which plans to sell powdered alcohol products have raised serious concerns about the safety of such a product. Powdered alcohol is much easier to smuggle into schools, sporting events, restaurants, or other venues than traditional alcoholic beverag- es. Its portability and easy concealment have been highlighted by the manufacturers of one brand of powdered alcohol. The proliferation of powdered alcohol could potentially lead to increased rates of public intoxication and unsafe situations for both the consumer of powdered alcohol and others nearby. When one takes into account the portability and ease of concealment of the product and the clear intent of the manufacturer to market it as a convenient and surreptitious way to drink, it is plain-to see that it would be extremely dangerous, especially in the hands of those under the age of twenty-one. Its potential to encourage binge drinking and respon- sible consumption are very problematic. This bill would prohibit powdered distilled alcohol from being sold in New York State and would also make possession of powdered distilled alcohol by any person under the age of twenty-one years against the law.   LEGISLATIVE HISTORY: 2014: A9633 - Referred to Economic Development   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 4236 2015-2016 Regular Sessions IN ASSEMBLY January 29, 2015 ___________ Introduced by M. of A. GLICK, DINOWITZ, TITONE, HOOPER, PEOPLES-STOKES, GOTTFRIED, JAFFEE, CUSICK, McDONALD -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Economic Develop- ment 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. LBD01384-01-5A. 4236 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.