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.
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.
LBD01384-01-5
A. 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.
