S04221 Summary:

BILL NOS04221B
 
SAME ASSAME AS A06914-A
 
SPONSORKLEIN
 
COSPNSRAVELLA
 
MLTSPNSR
 
Amd SS3, 65, 100, 105 & 107-a, ABC L
 
Regulates the retail sale of flavored malt beverages; defines flavored malt beverages as a malt beverage containing more than 8 per centum of alcohol by volume and the formula of which must be filed with the federal Alcohol and Tobacco Tax and Trade Bureau; provides that the provision of a flavored malt beverage by a retail licensee to any person under 21 years of age shall constitute a class E felony; prohibits the sale of flavored malt beverages in any container in excess of 12 ounces; requires flavored malt beverages to be sold for off-premises consumption in an area segregated from the areas where other beverages are sold; such beverages shall not be sold in a refrigerated state; requires the areas where flavored malt beverages are sold to be under the surveillance of the employees of the licensee; requires the posting of health warnings in the areas where such beverages are sold and upon the labels thereof; regulates the labelling of such beverages.
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S04221 Actions:

BILL NOS04221B
 
03/23/2011REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
03/24/2011COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
04/18/2011AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
04/18/2011PRINT NUMBER 4221A
05/09/2011REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
06/14/2011AMEND (T) AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
06/14/2011PRINT NUMBER 4221B
01/04/2012REFERRED TO ALCOHOLISM AND DRUG ABUSE
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S04221 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4221--B
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     March 23, 2011
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- committee discharged and said bill committed to the
          Committee on Alcoholism and Drug Abuse -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-

          tee -- reported favorably from said committee  and  committed  to  the
          Committee  on  Commerce,  Economic  Development  and Small Business --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN ACT to amend the alcoholic beverage control law, in relation to regu-
          lating the retail sale of flavored malt beverages
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 12-c of section 3 of  the  alcoholic  beverage
     2  control law, as renumbered by chapter 366 of the laws of 1992, is renum-
     3  bered  subdivision  12-d  and a new subdivision 12-c is added to read as
     4  follows:
     5    12-c. "Flavored malt beverage" means and includes any alcoholic bever-

     6  age of any name or description that is manufactured from malt, wholly or
     7  in part, or from any substitute therefor; and containing more than eight
     8  per centum alcohol by volume which is a fermented product for which  the
     9  formula  thereof  is  required  to be filed with the federal Alcohol and
    10  Tobacco Tax and Trade Bureau pursuant to 27 Code of Federal  Regulations
    11  § 25.55 (a), as such regulations shall be amended from time to time.
    12    §  2.   Section 65 of the alcoholic beverage control law is amended by
    13  adding a new subdivision 3-a to read as follows:
    14    3-a. No person, or his or her agent or employee, shall  sell,  deliver
    15  or give away, or cause, permit or procure to be sold, delivered or given
    16  away  to any person, actually or apparently, under the age of twenty-one

    17  years, any flavored malt beverage. A violation of this subdivision shall
    18  be a class E felony as defined in the penal law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10426-07-1

        S. 4221--B                          2
 
     1    § 3. Section 100 of the alcoholic beverage control law is  amended  by
     2  adding a new subdivision 8 to read as follows:
     3    8.  No licensee, permittee or person shall sell, deliver or give away,
     4  or cause, permit or procure to be  sold,  delivered  or  given  away  at
     5  retail  in this state any flavored malt beverage in any container having
     6  a volume in excess of twelve ounces.

     7    § 4. Section 105 of the alcoholic beverage control law is  amended  by
     8  adding a new subdivision 13 to read as follows:
     9    13.  (a)  Each retail licensee for off-premises consumption that sells
    10  flavored malt beverages shall sell such beverages  in  an  area  of  the
    11  licensed  premises that is segregated from the area where other beverag-
    12  es, including beers which are not flavored malt beverages, are sold.  No
    13  flavored  malt  beverages  shall  be  commingled with other alcoholic or
    14  nonalcoholic beverages.
    15    Furthermore, the segregated area of the  licensed  premises  at  which
    16  flavored malt beverages are sold shall be located so as to be within the
    17  view of the employees at such premises' sales counter of the licensee or

    18  within the coverage area of video surveillance equipment which is viewed
    19  by the employees of the licensee during all periods of time in which the
    20  licensed premises is open for business.
    21    (b)  All  flavored  malt  beverages sold by a retail licensee for off-
    22  premises consumption shall be sold in an  unrefrigerated  state  and  no
    23  such  licensee  shall sell any such beverage which has been cooled below
    24  the room temperature of the licensed premises.
    25    (c) At the front of the segregated area of the licensed premises where
    26  flavored malt beverages are sold, the licensee shall conspicuously  post
    27  a  sign  that  states that (i) these beverages are high alcohol flavored
    28  malt beverages that contain  more  than  eight  per  centum  alcohol  by

    29  volume,  (ii)  that  these  beverages  should not be confused with other
    30  alcoholic or nonalcoholic beverages with lower alcohol content  such  as
    31  beer,  and  (iii) the sale of such beverages to persons under the age of
    32  twenty-one years carries with it heightened  criminal  penalties.    The
    33  state liquor authority shall be authorized to promulgate rules and regu-
    34  lations providing for the form and content of such notices and warnings.
    35    §  5. Subdivision 2 of section 107-a of the alcoholic beverage control
    36  law, as added by chapter 479 of the laws of 1940, is amended to read  as
    37  follows:
    38    2.  Such  regulations shall be calculated to prohibit deception of the
    39  consumer; to afford him or her adequate information as  to  quality  and

    40  identity;  and to achieve national uniformity in this field in so far as
    41  possible.  In addition, for the approval of labels for containers of any
    42  flavored malt beverage, the label or container thereof must:
    43    (a) have a disclosure that is either part of the label or  affixed  to
    44  the  container  that  advises  purchasers  that  this  is a high alcohol
    45  flavored malt beverage (i) over consumption of this  alcoholic  beverage
    46  may  cause  a significantly higher risk of accidental physical injury to
    47  the consumer or others, or alcohol poisoning; and (ii) the operation  of
    48  motor  vehicles  and  other  machinery should be avoided after consuming
    49  this alcoholic beverage;
    50    (b) be designed so that it cannot be  confused  with  other  beverages

    51  that  are  not  alcoholic  and are legally available for sale to persons
    52  under the age of twenty-one years, or other alcoholic beverages  with  a
    53  lower  alcohol content such as beer.  Such design may be accomplished by
    54  a label design that places a stripe or other indicator to show that this
    55  is a high alcohol flavored malt beverage or by affixing  the  disclosure
    56  required  by  paragraph  (a) of this subdivision that also clearly indi-

        S. 4221--B                          3
 
     1  cates that this is a flavored malt  beverage  that  contains  more  than
     2  eight per centum alcohol by volume;
     3    (c)  be  designed  so  as  not  to  be  attractive to or encourage the
     4  consumption of such alcoholic beverage by persons under the age of twen-

     5  ty-one years. Such design may be accomplished by  a  label  design  that
     6  clearly  indicates  that  this  is  an alcoholic beverage that cannot be
     7  legally consumed by persons under the age of twenty-one years; and
     8    (d) provide notice that the sale of flavored malt beverages to persons
     9  under the age of twenty-one years carries with  it  heightened  criminal
    10  penalties.
    11    §  6.  Clause (ii) of subparagraph 2 of paragraph (c) of subdivision 4
    12  of section 107-a of the alcoholic beverage control law,  as  amended  by
    13  chapter 490 of the laws of 1993, is amended to read as follows:
    14    (ii)  the  authority does not deny such application within thirty days
    15  after receipt; provided, however, that with respect to any flavored malt

    16  beverage, the authority  does  not  deny  such  application  within  one
    17  hundred twenty days after receipt so that the authority has a sufficient
    18  period  of  time  to  review such label and ensure that the requirements
    19  established in such subdivision are complied with.
    20    § 7. Severability. If any clause, sentence, paragraph, section or part
    21  of this act shall be adjudged by any court of competent jurisdiction  to
    22  be  invalid  and  after  exhaustion  of all further judicial review, the
    23  judgment shall not affect, impair or invalidate the  remainder  thereof,
    24  but  shall  be  confined in its operation to the clause, sentence, para-
    25  graph, section or part of this act directly involved in the  controversy
    26  in which the judgment shall have been rendered.
    27    § 8. This act shall take effect on the one hundred eightieth day after

    28  it  shall  have  become a law.   Effective immediately, the state liquor
    29  authority is authorized to add, amend and/or repeal any rules and  regu-
    30  lations  necessary to implement the provisions of this act on its effec-
    31  tive date.
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