Bill Text: NY A03760 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits the sale of alcoholic energy drinks and provides definition thereof.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-01-31 - referred to economic development [A03760 Detail]

Download: New_York-2019-A03760-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
        Introduced  by  M.  of  A.  ORTIZ, M. G. MILLER, COOK, McDONOUGH, FINCH,
          MONTESANO -- read once and  referred  to  the  Committee  on  Economic
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of alcoholic energy drinks
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  399-yyy to read as follows:
     3    § 399-yyy. Prohibition on the importation,  distribution  or  sale  of
     4  alcoholic energy drinks. 1. No person, firm, corporation, or association
     5  shall  import,  distribute,  sell  or offer to sell any alcoholic energy
     6  drink.
     7    2. For the purposes of this section, the term "alcoholic energy drink"
     8  means any alcoholic beverages to  which  caffeine  or  other  stimulants
     9  which are metabolized as caffeine are added.
    10    3.  Whenever there shall be a violation of this section an application
    11  may be made by the attorney general in the name of  the  people  of  the
    12  state of New York to a court or justice having jurisdiction by a special
    13  proceeding  to  issue an injunction, and upon notice to the defendant of
    14  not less than five days, to enjoin and restrain the continuance of  such
    15  violations;  and  if it shall appear to the satisfaction of the court or
    16  justice that the defendant has,  in  fact,  violated  this  section,  an
    17  injunction  may  be  issued  by  the  court  or  justice,  enjoining and
    18  restraining any further violations, without  requiring  proof  that  any
    19  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    20  proceeding, the court may make allowances to  the  attorney  general  as
    21  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    22  hundred three of the civil practice law and rules, and  direct  restitu-
    23  tion.  Whenever  the  court  shall  determine  that  a violation of this
    24  section has occurred, the court may impose a civil penalty of  not  more
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3760                             2
     1  than  one thousand dollars for each violation. Each sale of an alcoholic
     2  energy drink in violation of this section shall  constitute  a  separate
     3  violation.  In connection with any such proposed application, the attor-
     4  ney  general is authorized to take proof and make a determination of the
     5  relevant facts and to issue subpoenas in accordance with the civil prac-
     6  tice law and rules.
     7    § 2. This act shall take effect immediately.