NY Alcoh Bev Ctrl L § 65-C (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 5 - Special Provisions Relating to Liquor 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 to consume by persons under the age of twenty-one years.  1.  Except  as hereinafter  provided, no person under the age of twenty-one years shall possess any alcoholic beverage, as defined in  this  chapter,  with  the intent to consume such beverage.   2.  A  person  under  the  age  of  twenty-one  years  may possess any alcoholic beverage with intent to consume if the alcoholic  beverage  is given:  (a)  to  a  person  who  is  a  student  in  a  curriculum licensed or registered by the state education department and the student is required to taste or  imbibe  alcoholic  beverages  in  on-campus  or  off-campus courses  which  are  a  part  of  the required curriculum, provided such alcoholic beverages are used  only  for  instructional  purposes  during class conducted pursuant to such curriculum; or  (b)  to  the  person  under  twenty-one  years of age by that person's parent or guardian.   3. Any person who unlawfully  possesses  an  alcoholic  beverage  with intent  to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that  nothing  contained herein shall authorize, or be construed to authorize, a peace officer as defined  in  subdivision  thirty-three  of  section 1.20 of the criminal procedure law or a police officer as defined in subdivision  thirty-four of  section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine not  exceeding  fifty dollars  and/or  completion  of an alcohol awareness program established pursuant  to  section  19.25  of  the  mental  hygiene  law  and/or   an appropriate amount of community service not to exceed thirty hours.   4.  No  such  determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a  criminal by  reason of such determination, nor shall such determination be deemed a conviction.   5. Whenever a peace officer as defined in subdivision thirty-three  of section  1.20 of the criminal procedure law or police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law shall  observe  a  person  under  twenty-one  years  of  age  openly  in possession of an alcoholic beverage as defined in this chapter, with the intent  to  consume  such  beverage  in  violation of this section, said officer may seize the beverage, and shall deliver it to the  custody  of his or her department.   6.  Any  alcoholic  beverage  seized  in  violation of this section is hereby declared a nuisance. The official to whom the beverage  has  been delivered  shall,  no  earlier than three days following the return date for initial appearance  on  the  summons,  dispose  of  or  destroy  the alcoholic  beverage  seized  or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the  summons  or  earlier  on five  days  notice  to  the  official or department in possession of the beverage, apply to the court for an order preventing the destruction  or disposal  of  the  alcoholic  beverage seized and ordering the return of that beverage. The court may  order  the  beverage  returned  if  it  is determined  that  return  of  the  beverage  would be in the interest of justice or that the beverage was improperly seized.