2023 New York Laws › ABC - Alcoholic Beverage Control › Article 5 - Special Provisions Relating to Liquor › 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 or her 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.
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  on-campus  or  off-campus
courses 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,  in  which  proceeding  it  is alleged that a person violated
subdivision one of this section;
(a) 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  provisions  of  paragraph  (b)  of
subdivision two of section sixty-five-b of this article; and
(b) 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.
7. In any proceeding pursuant to section one hundred eighteen of  this
chapter  to  revoke,  cancel  or  suspend  a  license  to sell alcoholic
beverages, in which proceeding a  charge  is  sustained  that  a  person
violated subdivision one or two of this section and the licensee has not
had  any  adjudicated violation of this chapter at the licensed premises
where the violation occurred within the previous five year period; and
(a) at the time of such  violation  the  person  that  committed  such
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, the civil penalty related to such offense shall be recovery of,

as provided for in section one hundred twelve of this chapter, the penal
sum of the bond on file during the period in which  the  violation  took
place; or
(b)  at  the  time  of  such  violation  the  licensee has not had any
adjudicated violations of this chapter at the  licensed  premises  where
the  violation  occurred within the previous five year period, any civil
penalty imposed shall be reduced by twenty-five percent if the  licensee
submits  written  proof,  within  ninety  days of the imposition of such
civil penalty, that all of the  licensee's  employees  involved  in  the
direct  sale  or  service  of  alcoholic  beverages to the public at the
licensed premises where the violation occurred  have  obtained  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.
For  the  purposes  of this subdivision, the five year period shall be
measured from the dates that the violations occurred.