§ 65 — Prohibited sales

New York § 65

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 5: Special Provisions Relating to Liquor

Text

§ 65. Prohibited sales. No person shall sell, deliver or give away or\ncause or permit or procure to be sold, delivered or given away any\nalcoholic beverages to\n 1. Any person, actually or apparently, under the age of twenty-one\nyears;\n 2. Any visibly intoxicated person;\n 3. Any habitual drunkard known to be such to the person authorized to\ndispense any alcoholic beverages.\n 4. Neither such person so refusing to sell or deliver under this\nsection nor his or her employer shall be liable in any civil or criminal\naction or for any fine or penalty based upon such refusal, except that\nsuch sale or delivery shall not be refused, withheld from or denied to\nany person on account of race, creed, color or national origin.\n 5. The provisions of subdivision one of this section shall not apply\nto a person who gives or causes to be given any such alcoholic beverage\nto a person under the age of twenty-one years, who is a student in a\ncurriculum licensed or registered by the state education department and\nis required to taste or imbibe alcoholic beverages in courses which are\npart of the required curriculum, provided such alcoholic beverages are\nused only for instructional purposes during on-campus or off-campus\ncourses conducted pursuant to such curriculum.\n 6. In any proceeding pursuant to section one hundred eighteen of this\nchapter to revoke, cancel or suspend a license to sell alcoholic\nbeverages, in which proceeding it is alleged that a person violated\nsubdivision one of this section;\n (a) it shall be an affirmative defense that such person had produced a\nphotographic identification card apparently issued by a governmental\nentity and that the alcoholic beverage had been sold, delivered or given\nto such person in reasonable reliance upon such identification. In\nevaluating the applicability of such affirmative defense, the authority\nshall take into consideration any written policy adopted and implemented\nby the seller to carry out the provisions of paragraph (b) of\nsubdivision two of section sixty-five-b of this article; and\n (b) it shall be an affirmative defense that at the time of such\nviolation such person who committed such alleged violation held a valid\ncertificate of completion or renewal from an entity authorized to give\nand administer an alcohol training awareness program pursuant to\nsubdivision twelve of section seventeen of this chapter. Such licensee\nshall have diligently implemented and complied with all of the\nprovisions of the approved training program. In such proceeding to\nrevoke, cancel or suspend a license pursuant to section one hundred\neighteen of this chapter, the licensee must prove each element of such\naffirmative defense by a preponderance of the credible evidence.\nEvidence of three unlawful sales of alcoholic beverages by any employee\nof a licensee to persons under twenty-one years of age, within a two\nyear period, shall be considered by the authority in determining whether\nthe licensee had diligently implemented such an approved program.\n 7. In any proceeding pursuant to section one hundred eighteen of this\nchapter to revoke, cancel or suspend a license to sell alcoholic\nbeverages, in which proceeding a charge is sustained that a person\nviolated subdivision one or two of this section and the licensee has not\nhad any adjudicated violation of this chapter at the licensed premises\nwhere the violation occurred within the previous five year period; and\n (a) at the time of such violation the person that committed such\nviolation held a valid certificate of completion or renewal from an\nentity authorized to give and administer an alcohol training awareness\nprogram pursuant to subdivision twelve of section seventeen of this\nchapter, the civil penalty related to such offense shall be recovery of,\nas provided for in section one hundred twelve of this chapter, the penal\nsum of the bond on file during the period in which the violation took\nplace; or\n (b) at the time of such violation the licensee has not had any\nadjudicated violations of this chapter at the licensed premises where\nthe violation occurred within the previous five year period, any civil\npenalty imposed shall be reduced by twenty-five percent if the licensee\nsubmits written proof, within ninety days of the imposition of such\ncivil penalty, that all of the licensee's employees involved in the\ndirect sale or service of alcoholic beverages to the public at the\nlicensed premises where the violation occurred have obtained a valid\ncertificate of completion or renewal from an entity authorized to give\nand administer an alcohol training awareness program pursuant to\nsubdivision twelve of section seventeen of this chapter.\n For the purposes of this subdivision, the five year period shall be\nmeasured from the dates that the violations occurred.\n