This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

New York’s Governing Liquor Authority

New York’s Governing Liquor Authority:

• The State of New York’s governing liquor authority is: The State Liquor Authority, Division of Alcoholic Beverage Control or ABC.
• The phone number for the ABC is: 518-474-0810.
• The website for the ABC is: www.abc.state.ny.us

• New York’s Legislature is the body responsible for enacting the state’s alcohol laws.

• The New York State Liquor Authority was established in 1934 and has two main responsibilities:

1. Issuing licenses.
2. Enforcing the Alcoholic Beverage Control Laws.

• Additionally, the ABC is responsible for establishing the minimum standards for the Alcohol Training Awareness Program.
• The ABC may suspend, revoke or cancel any liquor license and may impose civil penalties up to $100,000.00 based on the violation.
• If a liquor license was revoked, the ABC may wait up to two years before issuing a new one. If a person had their liquor license revoked they may not try to get a new one by purchasing another establishment.

Liquor License and Alcohol Beverage Laws for the State of New York

New York’s Liquor Control Board requires:

• Licensees to uphold all the liquor laws for the state of New York.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.
• Licensees to post a sign in a visible location stating the dangers of consuming alcohol by pregnant women. (Such signs are available from the New York State Liquor Authority.)
• In some cases, for the licensee to purchase a bond.
• Licensees to observe their duty of  “reasonable supervision” whereby they observe what is going on in their licensed establishment in an effort to prevent minors from obtaining alcohol.

Regarding alcohol service restrictions, licensees:

• May not offer a promotion that requires the purchase of alcohol.
• May not sell alcohol by the bottle except for wine and champagne.
• Must serve any drinks ordered directly to the customer only.
• May offer a special food and drink combo for a promotional price.

The following are the general service hours for alcoholic beverages in the state of New York (local ordinances should always be consulted):

• On-Premise Establishments may sell and service alcohol Monday –Saturday from 8am to midnight. Sales on Sunday are prohibited between 4am and noon.
• Off-Premise licensees and retail stores may sell and service alcohol Monday – Saturday from 8am to midnight. Sales on Sunday are prohibited between 3am and noon in drug, liquor, and grocery stores.

Under New York State Alcohol Laws:

• It is unlawful to give, sell or serve alcohol to a minor, a visibly intoxicated individual or to a habitually drunk person. (Sellers and servers will not be held liable if they refuse service.)
• Sellers may not refuse the service and sale of alcohol to someone because of race, creed, color or country of origin.
• If a person violates one of the laws and the ABC does not issue a penalty or punishment, it is still considered a misdemeanor.

Identification

Acceptable forms of identification in New York:

• Drivers License (50 states, Canada, US territory)
• ID Card (50 states, Canada, US territory)
• Military ID
• Passport

Under New York’s laws:

• Licensees and servers may use a transaction scan device to read any IDs presented. If the information from the scan does not match the card, then the sale or service of alcohol must be denied to the individual.
• Licensees and servers may also use Retroviewers to confirm the New York State Seal as being official as well as Identification Guides for other states.
• It is the server’s personal responsibility to make sure that they have carefully examined a person’s ID (that contains a photo) before serving or selling alcohol to that person.
• Affirmative Defense -- If the licensee or server can show that they reasonably relied upon the ID presented as being a valid, government issued ID, then they may have an affirmative defense in the event that they served a minor who used a false ID.

It is unlawful for a minor to try to use a false ID or an ID that does not belong to them in an effort to obtain alcohol. Possible penalties for doing so include:

• First violation: a fine up to  $100.00 and/or 30 hours of community service. Also may have to complete an alcohol awareness program.
• Second violation: a fine in the range of $50.00 to $350.00 and/or 30 hours of community service. Mandatory participation in an alcohol awareness program if it has not already been completed.
• Third violation (or more): a fine in the range of $50.00 to $750.00 and/or 30 hours of community service. Must be given a mandatory evaluation to determine if the person is an alcoholic. Treatment options will be given.

It is unlawful for a person to illegally purchase or attempt to illegally purchase (by using a false ID) alcohol. Possible penalties for doing so include:

• First violation: suspension of driver’s license for 3 months.
• Second violation: suspension of driver’s license for 6 months.
• Third violation (or more): suspension of driver’s license for 12 months or until the person turns 21 – whichever period of time is longer.

It is unlawful for a person to accept an invalid ID. Possible penalties for doing so include:

• A fine up to $100.00 and/or 30 hours of community service.
• Also may have to complete an alcohol training awareness program.

New York’s Laws Regarding Age

New York’s laws regarding age:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to sell, serve or give alcohol to minors or to allow another person to do so.
• If a server becomes aware that a person they are serving alcohol to, is then giving the alcohol to a minor, they must stop service to that person. If the server doesn’t, then they could be found liable for indirect permissive delivery to a minor.
• A multiple delivery is defined as: A server selling or delivering more than one drink at a time to an individual. When a server makes a multiple delivery, it is their responsibility to follow the individual to the location within the establishment where the drinks will be consumed in order to ensure that none of the drinks are being given to a minor.  If the server doesn’t and a drink is given to a minor, then they could be found liable for indirect permissive delivery to a minor.
• A person who is under 16 years old may not enter an establishment that serves alcohol unless they are in the company of a parent or legal guardian
• A person between the ages of 18 and 20 may be served beer or light wine if they are with a parent or legal guardian

Dram Shop or General Obligations Law for the State of New York

In New York:

• It is unlawful and a licensee and /or the server could be held accountable if they sold, served or in any provided alcohol to a minor who then injured another individual or their property. The injured person (or their executor or administer in the case of death) can seek compensation from the server for the damages that the minor caused if:

o        The server had reasonable cause to believe or knowledge that the person was a minor.

• It is unlawful and a licensee and /or the server could be held accountable if they sold, served or in any provided alcohol to an intoxicated individual who then injured another individual or their property. The injured person (or their executor or administer in the case of death) can seek compensation from the server for the damages that the intoxicated person caused if:

o        The server continued to sell or serve alcohol to the individual to the point of intoxication.

o        The server unlawfully sold or served alcohol to an already intoxicated individual.

Penal Laws for the State of New York

Designation of Offenses:

• For an offense that is considered a misdemeanor without classification, the offense will be designated a Class A misdemeanor.

Prison sentences for individuals convicted of misdemeanors and violations:

• Class A Misdemeanor: the maximum prison sentence is up to one year.
• Violation: the maximum prison sentence is up to 15 days.  (A prison sentence cannot be imposed for violations where the only punishment is a fine.)

Fines imposed for individuals (not corporations) convicted of misdemeanors and violations:

• Class A Misdemeanor: a fine up to $1,000.00.
• Class B Misdemeanor: a fine up to $500.00.
• Unclassified Misdemeanor: a fine that is determined by the court based on the crime committed.
• Violation: a fine up to $250.00.

If an individual obtained money or property by committing the crime, then their fine may be up to double whatever they gained.

Fines imposed for corporations:

• Felony: $10,000.00 fine. 
• Class A Misdemeanor: $5,000.00 fine.
• Class B Misdemeanor: $2,000.00 fine.
• Violation: $500.00 fine.

If the corporation obtained money or property by committing the crime, then the corporation’s fine could be up to double the amount that the corporation gained.

A person may be found guilty of unlawfully dealing with a child in the 1^st degree (which is considered a Class A misdemeanor) if:

• The person gave or sold or allowed another person to give or sell alcohol to a minor. Parents and legal guardians are exempt from this as well as students who are participating in a licensed (by the state) curriculum that requires the consuming and/or testing of alcohol as part of the course.

A person may be found guilty of unlawfully dealing with a child in the 2nd degree (which is considered a Class B misdemeanor) if:

• They allow a minor who is under 16 years old to enter or remain in an establishment that serves or gives away alcohol unless:

o        The law allows permits it.

o        The minor is in the company of a parent or legal guardian.

o        The minor is in the company of an adult who is authorized by the parent or legal guardian.

o        An activity or the entertainment is for the benefit of a non-profit church, school or other educational or religious entity or is conducted by the non-profit entity.

o        The establishment is closed to the general public for a certain amount of time so that an activity or entertainment can be take place. During the time period while the minor is present, no alcohol may be consumed, sold, served or given away. (The ABC requires written notice at least ten days in advance of such a closure.)

ADDENDUM: NEW YORK’S DRAM SHOP LAW

S 11-100. Compensation for injury or damage caused by the intoxication of a person under the age of twenty-one years. 

1.  Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of twenty-one years.

2.  In case of the death of either party, the action or right of action established by the provisions of this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife or child shall be his or her sole and separate property.

3.  Such action may be brought in any court of competent jurisdiction. 

4.  In any case where parents shall be entitled to such damages, either of such parents may bring an action therefore; but that recovery by either one of such parties shall constitute a bar to suit brought by the other.

S 11-101. Compensation for injury caused by the illegal sale of intoxicating liquor. 

1.  Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.

2.   In the case of the death of either party, the action or right of action given by this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife or child shall be his or her sole and separate property.

3.  Such action may be brought in any court of competent jurisdiction.

4.  In any case where parents shall be entitled to such damages, either the father or mother may sue alone therefore, but recovery by one of such parties shall be a bar to suit brought by the other.