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S01757 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1757--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2015
                                       ___________
 
        Introduced  by  Sens.  GRIFFO,  HANNON, CROCI, VALESKY -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Investigations and Government Operations -- committee discharged, bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          prohibiting the sale of any powdered or crystalline alcohol product
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1  of  section  3  of  the  alcoholic  beverage
     2  control law, as amended by chapter 42 of the laws of 2011, is amended to
     3  read as follows:
     4    1.  "Alcoholic beverage" or "beverage" mean and include alcohol, spir-
     5  its, liquor, wine, beer, cider and every liquid [or], solid,  powder  or
     6  crystal,  patented or not, containing alcohol, spirits, wine or beer and
     7  capable of being consumed by a human being, and any  warehouse  receipt,
     8  certificate,  contract or other document pertaining thereto; except that
     9  confectionery containing alcohol as provided by  subdivision  twelve  of
    10  section two hundred of the agriculture and markets law and ice cream and
    11  other  frozen desserts made with wine as provided in subdivision fifteen
    12  of section two hundred of the agriculture and markets law shall  not  be
    13  regulated as an "alcoholic beverage" or "beverage" within the meaning of
    14  this section where the sale, delivery or giving away is to a person aged
    15  twenty-one  years  or  older.  The  sale, delivery or giving away of ice
    16  cream made with wine to a person under the age of twenty-one  years  may
    17  be  prosecuted administratively and/or criminally in accordance with the
    18  provisions of this chapter.
    19    § 2. Section 100 of the alcoholic beverage control law is  amended  by
    20  adding a new subdivision 1-a to read as follows:
    21    1-a.  No  person  shall sell, offer for sale, or otherwise provide for
    22  the consumption of any powdered or crystalline alcoholic product.
    23    § 3. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05265-03-5
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