N.Y. Alcoholic Beverage Control Law § 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.