N.Y. Alcoholic Beverage Control Law § 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.