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Mckinney's Consolidated Laws of New York Annotated Currentness

Alcoholic Beverage Control Law (Refs & Annos)

Chapter 3-B. Of the Consolidated Laws

DA Article 5. Special Provisions Relating to Liquor (Refs & Annos)

DA § 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. [Eff. until Jan. 1, 2010, pursuant to L.1999, c. 519, § 4. See, also, subd. 4 below.] 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.

4. [Eff. Jan. 1, 2010, pursuant to L.1999, c. 519, § 4. See, also, subd. 4 above.] 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.

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.

CREDIT(S)

(L.1934, c. 478; amended L.1937, c. 521; L.1943, c. 276; L.1945, c. 292, § 1; L.1982, c. 159, § 1; L.1983, c. 850, § 1; L.1985, c. 274, § 1; L.1986, c. 107, § 1; L.1986, c. 750, § 1; L.1991, c. 97, § 1; L.1998, c. 383, § 2, eff. Sept. 1, 1999; L.1999, c. 481, § 1, eff. Sept. 1, 1999; L.1999, c. 519, § 1, eff. Sept. 1, 1999.)

HISTORICAL AND STATUTORY NOTES

2009 Electronic Update

L.1999, c. 519 legislation

L.1999, c. 519, § 4, amended by L.2002, c. 503, § 1, eff. Sept. 17, 2002, deemed eff. Jan. 1, 2002; L.2004, c. 488, § 1, eff. Sept. 21, 2004; L.2005, c. 578, § 1, eff. Aug. 23, 2005; L.2007, c. 594, § 1, eff. Aug. 15, 2007, provides:

“This act shall take effect September 1, 1999, and shall remain in full force and effect until January 1, 2010 when upon such date the provisions of this act shall expire and be deemed repealed; provided, however, the state liquor authority, state department of motor vehicles and state department of health shall promulgate rules and regulations necessary to implement the provisions of this act on or before such date; provided further that the provisions of this act shall apply after such expiration date to any proceeding pursuant to the alcoholic beverage control law or public health law to invoke or enforce the provisions of this act which were commenced prior to such expiration date; and provided, further however, that the amendments to section 65-b of the alcoholic beverage control law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith.”