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A3854Assembly2017-2018 Session

Felony for Selling Spiked Drinks

Official title

“Establishes a class E felony for the sale to a minor of an alcoholic beverage containing a stimulant when such sale is made by a licensee of the state liquor authority”

Sponsor Felix OrtizAD-51+1 co-sponsorAffects Economy
Status
In Assembly Committee
Economic Development
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Economic Development

What's happening

This bill increases penalties by making it a felony for licensees to sell caffeinated alcoholic beverages to anyone under 21.

Why it matters

  1. Targets “alcopop” and stimulant drinks. The bill specifically addresses alcoholic beverages that are mixed with caffeine or other stimulants like guarana, ginseng, or taurine, which have raised health and safety concerns, especially among young people.

  2. Creates a felony-level deterrent. By raising the penalty to a class E felony, the law significantly increases the legal risk for bars, stores, and employees, likely leading to stricter compliance and potentially reducing underage access to these high-risk beverages.

  3. Public health and safety implications. Caffeinated alcoholic drinks are associated with higher rates of risky behavior and medical emergencies among youth; this law aims to curb those risks by making it much less likely these products will be sold to minors.

  4. Could impact business practices. Licensees may need to implement more rigorous staff training and ID-checking protocols, and could reconsider stocking or selling these specific beverages to minimize legal exposure.

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Who cares

Headline styles

Felony for Selling Spiked Drinks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Felix Ortiz

Assembly Member · Assembly District 51

1 Co-sponsor

History

  1. Referred to economic development
  2. Referred to economic development

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3854

2017-2018 Regular Sessions

IN ASSEMBLY

January 30, 2017

Introduced by M. of A. ORTIZ, AUBRY -- Multi-Sponsored by -- M. of A. ARROYO, THIELE -- read once and referred to the Committee on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation to providing enhanced penalties for licensees who sell certain alcoholic beverages to persons under the age of twenty-one years

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 65 of the alcoholic beverage control law is amended by adding a new subdivision 3-a to read as follows:

3-a. Any licensee, or its agent or employee, who sells, delivers or gives away, or causes, permits or procures to be sold, delivered or given away to any person, actually or apparently, under the age of twenty-one years, any alcoholic beverage that contains more than two per centum of alcohol by volume, in combination with more than five milligrams per ounce of caffeine or any other stimulant including, but not limited to, guarana, ginseng or taurine that has an equivalent effect as such quantity of caffeine, shall be guilty of a class E felony as defined in the penal law.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08876-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.