What's happening
This bill creates enhanced penalties, making it a felony for businesses to sell caffeinated alcoholic beverages to people under 21.
Why it matters
Targets a specific product category. The bill singles out alcoholic beverages that are both high in alcohol (over 2% by volume) and contain significant caffeine or similar stimulants, reflecting concern about the risks of these combinations for young people.
Aims to deter risky business practices. By elevating the penalty to a class E felony, the law increases the stakes for businesses and their employees, potentially making them much more cautious about verifying the ages of buyers and the ingredients of the products they sell.
Reflects health and safety concerns. The inclusion of substances like caffeine, guarana, ginseng, and taurine recognizes emerging evidence that mixing stimulants with alcohol can mask intoxication and increase the likelihood of dangerous behavior or health emergencies among youth.
May impact product availability and enforcement priorities. If enacted, this law could discourage retailers from carrying caffeinated alcoholic beverages altogether, and could lead to increased scrutiny or enforcement actions in settings where underage sales are more likely.
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Who cares
State Liquor Authority licensees
The bill would make providing qualifying alcohol-and-stimulant drinks to anyone actually or apparently under 21 a class E felony.
Licensees’ agents and employees
The felony provision would also cover their selling, delivering, giving away or permitting the provision of these drinks.
People under 21
The provision would target drinks containing more than 2% alcohol by volume combined with more than five milligrams of caffeine per ounce or an equivalent effect from another stimulant.
Headline styles
Felonize Underage Stimulant Alcohol Sales
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
2 Multi-sponsors
History
- Referred to economic development
- Referred to economic development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3491
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
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.
LBD07452-01-9
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.