2023 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.