New York State 21 Year-Old Purchase Age
New York State 21-Year-Old Purchase Age
Alcohol Beverage Control Law Section 65. Prohibited Sales
No person shall sell, deliver, give away, cause, permit, or procure to be sold, delivered, or given away any alcoholic beverages to:
1. any person, actually or apparently under the age of 21 years;
2. any intoxicated person or to any person, actually or apparently, under the influence of liquor;
3. any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages.
Neither such person so refusing to sell or deliver under this section nor his employer shall be liable in any civil or criminal action or for any fine or penalty based upon such refusal, except that such sale or delivery shall not be refused, withheld from, or denied to any person on account of race, creed, color, or national origin. In any proceedings pursuant to Subdivision One of this section, it shall be an affirmative defense that such person had produced a photographic identification card apparently issued by a governmental entity or institution of higher education and that the alcoholic beverage had been sold, delivered, or given to such person in reasonable reliance upon such identification.
Section 65-a.
Procuring alcoholic beverages for persons under the age of 21 years. Any person who misrepresents the age of a person under the age of 21 years for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense and upon conviction thereof shall be punished by a fine of not more than $200, or by imprisonment for not more than five days, or by both such fine and imprisonment.\
Section 65-b.
Offense for one under age of 21 to purchase or attempt to purchase an alcoholic beverage through fraudulent means.
1. Any person under the age of 21 years who presents or offers to any licensee under the alcoholic beverage control law, or to the agent or employee of such licensee, any written evidence which is false, fraudulent, or not actually his own, for the purpose of purchasing or attempting to purchase any alcoholic beverage, may be arrested or summoned and be examined by a magistrate having jurisdiction on a charge of illegally purchasing or attempting to illegally purchase an alcoholic beverage. If a determination is made sustaining such charge the court or magistrate shall release such person on probation for a period not exceeding one year, and may, in addition, impose a fine not exceeding $100.
2. No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
General Obligation Laws
Section 11-100.
Compensation for injury and damage by the intoxication of a person under the age of 21 years.
1. Any person who shall be injured in person, property, means of support, or otherwise, by reason of the intoxication or impairment of ability of any person under the age of 21, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of 21 years.
2. In case of the death of either party, the action established by the provisions of this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife, or child shall be his or her sole and separate property.
3. Such action may be brought in any court of competent jurisdiction.
4. In any case where parents shall be entitled to such damages, either of such parents may bring an action therefore; but that recovery by either one of such parties shall constitute a bar to suit brought by the other.
Section 11-101.
Compensation for injury caused by the illegal sale of intoxicating liquor.
1. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.
2. In case of the death of either party, the action or right of action given by this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife, or child shall be his or her sole and separate property.
3. Such action may be brought in any court of competent jurisdiction.
4. In any case where parents shall be entitled to such damages, either the father or mother may sue alone therefore, but recovery by one of such parties shall be a bar to suit by the other.
Penal Law Section 260.20.
Unlawfully dealing with a child. A person is guilty of unlawfully dealing with a child when:
1. Being an owner, lessee, manager, or employee of public dance hall, public pool or billiard room, public bowling alley, theater, motion picture theater, skating rink, or of a place where alcoholic beverages are sold or given away, he permits a child less than 16 years old to enter or remain in such place unless:
a. the child is accompanied by his parent, guardian, or an adult authorized by a parent or guardian; or
b. the entertainment or activity is being conducted for the benefit or under the auspices of a nonprofit school, church, or other educational or religious institution; or
c. otherwise permitted by law to do so.
2. He gives or sells or causes to be given or sold any alcoholic beverage, as defined by Section Three of the alcoholic beverage control law, to a person less than 21 years old; except that this subdivision does not apply to the parent or guardian of such a person. Or representative of another person or that the defendant dealt with the child as such. Unlawfully dealing with a child is a Class B misdemeanor.
65-B.
Offense for one under age of 21 years to purchase or attempt to purchase an alcoholic beverage through fraudulent means.
1. No person under the age of 21 years shall present or offer to any licensee under this chapter, or to the agent or employee of such licensee, any written evidence of age which is false, fraudulent, or not actually his/her own, for the purpose of purchasing or attempting to purchase any alcoholic beverage. A person violating the provisions of this subdivision is guilty of a violation punishable by a fine of not more than $100 and/or an appropriate amount of community service not to exceed 30 hours.
2. No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination.
3. In addition to the penalties otherwise provided in Subdivision One of this section, if a determination is made sustaining a charge of illegally purchasing or attempting to illegally purchase an alcoholic beverage, the court may suspend such person’s license to drive a motor vehicle for 90 days if it is found that it was a New York state driver’s license which was used for the purpose of such illegal purchase or attempt to illegally purchase. Such person may thereafter apply for and be issued a restricted use license in accordance with the provisions of Section 530 of the vehicle and traffic law.
65-C.
Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of 21 years.
1. Except as hereinafter provided, no person under the age of 21 years shall possess any alcoholic beverage, as defined in this chapter, with the intent to consume such beverage.
2. A person under the age of 21 years may possess any alcoholic beverage with intent to consume if the alcoholic beverage is given:
a. to a person who is a student in a curriculum licensed or registered by the state education department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum; or
b. to the person under 21 years of age by that person’s parent or guardian.
3. Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before, and examined by, a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in Subdivision 33 of Section 1.20 of the criminal procedure law or a police officer as defined in Subdivision 34 of Section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding $50.
4. No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive a license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall determination be deemed a conviction officer as defined in Subdivision 34 of Section 1.20 of the criminal procedure law shall observe a person under 21 years of age openly in possession of an alcoholic beverage as defined in this chapter, with the intent to consume such beverage in violation of this section, said officer may seize the beverage and shall deliver it to the custody of his or her department.
5. Any alcoholic beverage seized in violation of this section is hereby declared a nuisance. The official to whom the beverage has been delivered shall, no earlier than three days following the return date for initial appearance summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the summons or earlier on five days’ notice to the official or department in possession of the beverage, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage seized and ordering the return of the beverage. The court may order the beverage returned if it is determined that return of the beverage would be in the interest of justice or that the beverage was improperly seized.
Note: This appendix contains only those subsections of these laws relevant to the 21-year-old purchase and possession age.