Relates to flavored malt beverages and wine products; repealer

1 Co-sponsor

• Tony Avella

BILL NUMBER:S5664

Title of bill

An act to amend the alcoholic beverage control law, in relation to flavored malt beverages and wine products, to repeal section 54-a of the alcoholic beverage control law, in relation to the sale of beer and wine products at retail for consumption off the premises, and section 79-a of the alcoholic beverage control law, in relation to authorization to sell wine products by certain licensees for consumption off the premises

Summary of provisions

Currently, the Alcohol Beverage Control Law ("ABC") defines flavored malt beverages as beer for the purposes of distribution and retail sale. The proposed act would amend the alcohol beverage control act in order to define flavored malt beverages as alcohol for the purposes of distribution and retail sale.

Reasons for support

Flavored malt beverages, known as "alcopops," are easily accessible to underage drinkers in convenience stores and mini-marts. Alcopops are often sold alongside beer, juice and soda. In New York City, more than 20% of public high school students who drink report purchasing or otherwise obtaining their alcohol from retail stores, including delis, grocery stores, and mini-marts. In areas with a high number of alcohol outlets, retail stores may be more likely to sell to underage drinkers. The way that alcopops are marketed appears to target underage drinkers. These products are branded with catchy names and packaged in bright colors and appealing designs. They look similar to sports and soft drinks, and advertisements for alcopops appear often in youth-oriented media.

A majority of teens between 14 and 18 years old report drinking alcopops in the past year, in comparison with only one-quarter of adults. Among adolescent drinkers, teen girls and younger underage drinkers show the greatest preference for alcopops. Alcopops are also preferred by the youngest underage drinkers. Among eighth-graders who drink, 77% report drinking alcopops in the past thirty days, as do almost 70% of tenth and twelfth grade drinkers.

In addition to the immediate dangers created by excessive drinking, adolescent drinkers are especially vulnerable to developing longer-term problems with alcohol. Drinking during adolescence can lead to a lifetime of alcohol problems. Two out of five adolescents who begin drinking before the age of 15 will become dependent on alcohol in their lifetimes. One in eight youth between the ages of 18 and 20 are already alcohol-dependent.

While adolescent drinkers are at greater risk for longer-term health problems, they are also equally as likely as adult drinkers to experience the immediate dangers related to excessive drinking: assaults and violence, motor vehicle accidents, and other accidental, preventable causes of injury and death.

If this bill is approved, alcopops would be removed from the shelves in grocery stores, delis and other places where adolescents can easily buy alcohol. Reducing access will improve the health of kids, prevent future alcohol dependency and save lives.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.