§ 65-C — Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years

§ 65-c. Unlawful possession of an alcoholic beverage with the intent\nto consume by persons under the age of twenty-one years. 1. Except as\nhereinafter provided, no person under the age of twenty-one years shall\npossess any alcoholic beverage, as defined in this chapter, with the\nintent to consume such beverage.\n 2. A person under the age of twenty-one years may possess any\nalcoholic beverage with intent to consume if the alcoholic beverage is\ngiven:\n (a) to a person who is a student in a curriculum licensed or\nregistered by the state education department and the student is required\nto taste or imbibe alcoholic beverages in on-campus or off-campus\ncourses which are a part of the required curriculum, provided such\nalcoholic beverages are used only for instructional purposes during\nclass conducted pursuant to such curriculum; or\n (b) to the person under twenty-one years of age by that person's\nparent or guardian.\n 3. Any person who unlawfully possesses an alcoholic beverage with\nintent to consume may be summoned before and examined by a court having\njurisdiction of that charge; provided, however, that nothing contained\nherein shall authorize, or be construed to authorize, a peace officer as\ndefined in subdivision thirty-three of section 1.20 of the criminal\nprocedure law or a police officer as defined in subdivision thirty-four\nof section 1.20 of such law to arrest a person who unlawfully possesses\nan alcoholic beverage with intent to consume. If a determination is made\nsustaining such charge the court may impose a fine not exceeding fifty\ndollars and/or completion of an alcohol awareness program established\npursuant to section 19.25 of the mental hygiene law and/or an\nappropriate amount of community service not to exceed thirty hours.\n 4. No such determination shall operate as a disqualification of any\nsuch person subsequently to hold public office, public employment, or as\na forfeiture of any right or privilege or to receive any license granted\nby public authority; and no such person shall be denominated a criminal\nby reason of such determination, nor shall such determination be deemed\na conviction.\n 5. Whenever a peace officer as defined in subdivision thirty-three of\nsection 1.20 of the criminal procedure law or police officer as defined\nin subdivision thirty-four of section 1.20 of the criminal procedure law\nshall observe a person under twenty-one years of age openly in\npossession of an alcoholic beverage as defined in this chapter, with the\nintent to consume such beverage in violation of this section, said\nofficer may seize the beverage, and shall deliver it to the custody of\nhis or her department.\n 6. Any alcoholic beverage seized in violation of this section is\nhereby declared a nuisance. The official to whom the beverage has been\ndelivered shall, no earlier than three days following the return date\nfor initial appearance on the summons, dispose of or destroy the\nalcoholic beverage seized or cause it to be disposed of or destroyed.\nAny person claiming ownership of an alcoholic beverage seized under this\nsection may, on the initial return date of the summons or earlier on\nfive days notice to the official or department in possession of the\nbeverage, apply to the court for an order preventing the destruction or\ndisposal of the alcoholic beverage seized and ordering the return of\nthat beverage. The court may order the beverage returned if it is\ndetermined that return of the beverage would be in the interest of\njustice or that the beverage was improperly seized.\n