Underage Drinking
New York
The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.
Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):
- parent/guardian
Consumption is not explicitly prohibited.
Internal possession is not explicitly prohibited.
Purchase is NOT prohibited and there is no specific allowance for youth purchase for law enforcement purposes.
Notes:
New York does not have a statute that specifically prohibits purchase, but it does prohibit purchasing or attempting to purchase alcohol by using false evidence of age. See N.Y. Alco. Bev. Cont. Law § 65-b. APIS does not include laws with such limitations in the Purchase policy topic.
Furnishing is prohibited with NO EXCEPTIONS.
- Beer: 18 for both servers and bartenders
- Wine: 18 for both servers and bartenders
- Spirits: 18 for both servers and bartenders
- Beer: Not Specified
- Wine: Not Specified
- Spirits: 18
Condition(s) that must be met in order for an underage person to sell alcoholic beverages:
- manager/supervisor is present
Provision(s) targeting minors:
- Use of a false ID to obtain alcohol is a criminal offense
- No driver's license suspension procedure
Provision(s) targeting retailers:
- State provides incentives to retailers who use electronic scanners that read birthdate and other information digitally encoded on valid identification cards
- Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
- Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.
Applies to drivers under age 21.
Registration is not required.
No use/lose law.
No State-imposed liability for hosting underage drinking parties.
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