[HISTORY: Adopted by the Board of Supervisors of Saratoga
County as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-2005 by L.L. No. 1-2005]
A.
This Board hereby finds and determines that AWOL, an acronym for
Alcohol Without Liquid, is a machine that mixes spirits with pure
oxygen. A cloudy alcohol vapor is created by pouring a spirit into
a "diffuser capsule" connected to an oxygen pipe, which can then be
inhaled or snorted.
B.
This Board also finds and determines that an AWOL machine enables
people to "snort" drinks such as vodka or absinthe through a tube
into the nose or mouth, rather than drinking through the mouth.
C.
This Board further finds and determines that by bypassing the stomach
and the filter of the liver, the alcohol vapor is absorbed through
blood vessels in the nose or lungs, creating a quicker and more intense
hit on the brain.
D.
This Board finds that experts have claimed that the practice of inhaling
alcohol vapor is linked to causing brain damage.
E.
This Board determines that the popularity of these AWOL machines
is increasing in the nightclub and bar businesses throughout the country.
It is being marketed as a way to get high without the hangover as
well as a "dieter's dream" way of drinking since there are no
calories from inhaling the alcohol.
F.
This Board further finds and determines that during the past two
decades, five major studies have estimated the economic costs of alcohol
abuse in the United States at approximately $185 billion for 1998.
G.
This Board further finds that more than 70% of the estimated costs
of alcohol abuse for 1998 were attributed to lost productivity, including
losses from alcohol-related illnesses, premature death, and crime.
The remaining estimated costs included health care expenditures, as
well as property and administrative costs of alcohol related motor
vehicle crashes, and criminal justice system costs of alcohol-related
crime.
H.
This Board further determines that by the time they reach the eighth
grade, nearly 50% of adolescents have had at least one drink, and
over 20% report having been "drunk." Approximately 20% of 8th graders
and almost 50% of 12th graders have consumed alcohol within the past
30 days. Approximately 30% of 12th graders engage in heavy episodic
drinking, now popularly termed "binge" drinking, that is, having at
least five or more drinks on one occasion within the past two weeks,
and it is estimated that 20% do so on more than one occasion. Apart
from being illegal, underage drinking poses a high risk to both the
individual and society. For example, the rate of alcohol-related traffic
crashes is greater for drivers ages 16 to 20 than for drivers age
21 and older.
I.
This Board further finds and determines that underage alcohol use
is more likely to kill young people than all illegal drugs combined.
J.
This Board further finds that AWOL machines have been banned in parts
of Britain and Australia, but are gaining more popularity in the United
States. They are available for sale and distribution through the Internet
and dealerships are in the process of being established in Florida,
California and New York.
K.
Therefore, the purpose of this article is to ban the sale, purchase,
possession and use of Alcohol Without Liquid (AWOL) machines and alcohol
vapor devices in Saratoga County.
As used in this article, the following terms shall have the
meanings indicated:
A device which mixes spirits with pure oxygen to produce
a cloudy vapor which can be inhaled or snorted.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint
stock association, or other entity or business organization of any
kind.
Pursuant to Article 9, Section 2(C)10 of the New York State
Constitution, governing protection, health, safety, and well-being
of persons, no person shall possess, purchase, offer for sale or use
an AWOL machine or alcohol vapor device within the County of Saratoga.
Any person who intentionally violates any provision of § 137-3 of this article shall be guilty of an unclassified misdemeanor, punishable by a fine of up to $1,000. Each such violation shall constitute a separate and distinct offense.
This article shall apply to any actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Saratoga. The County Board may determine via mere resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstances directly involved in the controversy
in which such order or judgment shall be rendered.
This Board, being the State Environmental Quality Review Act
(SEQRA) lead agency, hereby finds and determines that this article
constitutes a Type II action pursuant to Section 617.5(c)(20), (21),
and/or (27) of Title 6 of the New York Code of Rules and Regulations
(6 NYCRR) and within the meaning of § 8-0109, Subdivision
2, of the New York Environmental Conservation Law as a promulgation
of regulations, rules, policies, procedures, and legislative decisions
in connection with continuing agency administration, management and
information collection.
