New York Consolidated Laws, Alcoholic Beverage Control Law - ABC § 117-b. Possession or use of alcohol vaporizing devices prohibited

1. For purposes of this section, “alcohol vaporizing device” means any device, machine or process which mixes spirits, liquor or other alcohol product with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.

2. No licensee shall knowingly possess or make available for use an alcohol vaporizing device upon the premises of an establishment licensed pursuant to this chapter.

3. A violation of the provisions of this section shall be an offense punishable by a fine of not more than five thousand dollars.  A violation of the provisions of this section after having been previously convicted of such an offense within the previous five years shall be a class B misdemeanor punishable by a fine of not more than ten thousand dollars.

4. Nothing in this section shall be construed to prohibit the authority from instituting proceedings to suspend, cancel, or revoke a license as provided in section seventeen of this chapter.

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