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New York Alcoholic Beverage Control Law Section 65 - Prohibited Sales.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 65 - Prohibited Sales.
§ 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 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
proceeding 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 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 provision of paragraph (b) of subdivision two of
section sixty-five-b of this article.
* NB Effective until January 1, 2008
* 4. 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
proceeding 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 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 provision of paragraph (b) of subdivision one of
section sixty-five-b of this article.
* NB Effective January 1, 2008
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 classes 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 at retail, in which proceeding it is alleged that a person
violated subdivision one of this section, 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. Such affirmative defense shall not preclude
the recovery of the penal sum of a bond as provided in sections one
hundred twelve and one hundred eighteen of this chapter.
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Last modified: August 26, 2006 |