Alcoholic Beverage Control - Special Provisions Relating to Liquor - Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years


Published: 2016-11-11

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§ 65-c. Unlawful possession of an alcoholic beverage with the intent
to consume by persons under the age of twenty-one years. 1. Except as
hereinafter provided, no person under the age of twenty-one 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 twenty-one 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 on-campus or off-campus
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 twenty-one 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 thirty-three of section 1.20 of the criminal
procedure law or a police officer as defined in subdivision thirty-four
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 fifty
dollars and/or completion of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law and/or an
appropriate amount of community service not to exceed thirty hours.

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 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.

5. Whenever a peace officer as defined in subdivision thirty-three of
section 1.20 of the criminal procedure law or police officer as defined
in subdivision thirty-four of section 1.20 of the criminal procedure law
shall observe a person under twenty-one 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.

6. 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 on the 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
that 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.