Alcoholic Beverage Control - Special Provisions Relating to Liquor - Prohibited sales


Published: 2016-11-11

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§ 65. Prohibited sales. No person shall sell, deliver or give away or
cause or permit or procure to be sold, delivered or given away any
alcoholic beverages to

1. Any person, actually or apparently, under the age of twenty-one
years;

2. Any visibly intoxicated person;

3. Any habitual drunkard known to be such to the person authorized to
dispense any alcoholic beverages.

4. Neither such person so refusing to sell or deliver under this
section nor his or her 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.

5. The provisions of subdivision one of this section shall not apply
to a person who gives or causes to be given any such alcoholic beverage
to a person under the age of twenty-one years, who is a student in a
curriculum licensed or registered by the state education department and
is required to taste or imbibe alcoholic beverages in courses which are
part of the required curriculum, provided such alcoholic beverages are
used only for instructional purposes during on-campus or off-campus
courses conducted pursuant to such curriculum.

6. In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic
beverages, in which proceeding it is alleged that a person violated
subdivision one of this section;

(a) it shall be an affirmative defense that such person had produced a
photographic identification card apparently issued by a governmental
entity and that the alcoholic beverage had been sold, delivered or given
to such person in reasonable reliance upon such identification. In
evaluating the applicability of such affirmative defense, the authority
shall take into consideration any written policy adopted and implemented
by the seller to carry out the provisions of paragraph (b) of
subdivision two of section sixty-five-b of this article; and

(b) it shall be an affirmative defense that at the time of such
violation such person who committed such alleged violation held a valid
certificate of completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to
subdivision twelve of section seventeen of this chapter. Such licensee
shall have diligently implemented and complied with all of the
provisions of the approved training program. In such proceeding to
revoke, cancel or suspend a license pursuant to section one hundred
eighteen of this chapter, the licensee must prove each element of such
affirmative defense by a preponderance of the credible evidence.
Evidence of three unlawful sales of alcoholic beverages by any employee
of a licensee to persons under twenty-one years of age, within a two
year period, shall be considered by the authority in determining whether
the licensee had diligently implemented such an approved program.

7. In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic
beverages, in which proceeding a charge is sustained that a person
violated subdivision one or two of this section and the licensee has not
had any adjudicated violation of this chapter at the licensed premises
where the violation occurred within the previous five year period; and

(a) at the time of such violation the person that committed such
violation held a valid certificate of completion or renewal from an
entity authorized to give and administer an alcohol training awareness
program pursuant to subdivision twelve of section seventeen of this
chapter, the civil penalty related to such offense shall be recovery of,
as provided for in section one hundred twelve of this chapter, the penal
sum of the bond on file during the period in which the violation took
place; or

(b) at the time of such violation the licensee has not had any
adjudicated violations of this chapter at the licensed premises where
the violation occurred within the previous five year period, any civil
penalty imposed shall be reduced by twenty-five percent if the licensee
submits written proof, within ninety days of the imposition of such
civil penalty, that all of the licensee's employees involved in the
direct sale or service of alcoholic beverages to the public at the
licensed premises where the violation occurred have obtained a valid
certificate of completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to
subdivision twelve of section seventeen of this chapter.

For the purposes of this subdivision, the five year period shall be
measured from the dates that the violations occurred.