See No. 3
New York State Alcoholic Beverage Laws and Penalties
The sale and use of alcoholic beverages are subject to the New York Alcoholic Beverage Control (ABC) Law, Vehicle and Traffic (V & T) Law, and Penal Law, as well as municipal ordinances. The most common offenses and penalties are:
1. Open Container: Local municipalities usually prohibit the consumption of, or possession of an open container with the intent to consume, an alcoholic beverage in any public place or on private property without the owner's permission. Violations are punishable, for example, by a fine of up to $150 and/or up to 15 days in jail.
2. Minor in Possession: Any person under age 21 who is found to be in possession of alcohol with the intent to consume it may be punished by a fine of up to $50 and/or required to complete an alcohol awareness program and/or to provide up to 30 hours of community service. ABC Law ? 65-c.
3. Providing False Identification: A person under 21 who presents false written evidence of age for the purpose of purchasing or attempting to purchase any alcoholic beverage, may be punished by a fine of up to $100, community service of up to 30 hours, and/or completion of an alcohol awareness program. ABC Law, 65-b(1). If a New York driver's license was used as the false identification, the court may suspend the violator's license for 90 days. ABC Law, ? 65-b(3). In addition, since the ABC Law now requires sellers of alcoholic beverages to demand a drivers license, passport, or armed forces ID card as evidence of age, the consequences of altering one of the required forms of official ID to do so is more serious. Possession of a forged instrument with the intent to defraud is a Class D felony, punishable by a fine up to $5,000, imprisonment up to 7 years, or both. Penal Law, ? 170.25.
Nonresidents of New York may apply for a State "Non-driver Identification Card" in lieu of a driver's license. Applications are available in the Office of Student Life or at the Oneonta office or the Motor Vehicle Bureau, located at 16 South Main Street.
4. Furnishing Alcohol to a Person Under Age 21: No person may sell, deliver or give an alcoholic beverage to a person actually or apparently under the age of 21. (The Law does not apply to the parent of a minor). Penal Law, ? 260.20(2) and ABC Law, ? 65(1). Individuals violating this law are guilty of a Class A misdemeanor, and may be subject to a fine not exceeding $1000, a term of imprisonment not to exceed 1 year, or both. ABC Law, ?? 130(3) and (5) and Penal Law ?? 70.15(1)(a), 80.05(1).
5. Liability for Injury Caused by Furnishing Alcohol to Persons Under 21: 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 21 years 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 21 years. General Obligations Law, ? 11-100(1).
6. Selling Alcohol to an Intoxicated Person: No person shall sell, deliver or give an alcoholic beverage to a visibly intoxicated person. ABC Law, ? 65(2).
7. Liability For Injury Caused By Sale of Alcohol to any Intoxicated Person: 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 shall have a right of action against any person who shall, by unlawfully 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. General Obligations Law, ? 11-101(1).
8. Driving While Intoxicated: Operating a motor vehicle while intoxicated, as determined by a blood-alcohol test result of .10% or higher, is a misdemeanor punishable by a fine of $500 to $1000 and/or imprisonment for up to 1 year, as well as suspension or revocation of the driver's license. Repeated offenses can result in more serious penalties: For example, a second DWI conviction in ten years is a felony punishable by up to 4 years in a State penitentiary, a fine of $1000 to $5000, and license revocation for at least 1 year. V & T Law, ?1192(2), (3); 1193 (1)(b), (c); and Penal Law ? 70.00(2)(e).
9. Driving While Ability Impaired: Operating a motor vehicle while not legally intoxicated, but with a blood-alcohol content of at least .05% but less than .07% (relevant evidence of impairment) or with at least .07% but less than .10% (prima facie evidence of impairment), is a misdemeanor punishable by up to 15 days in jail, a $300 to $500 fine, and a 90 day driver's license suspension. The penalties increase for the 2nd and 3rd offenses, up to 180 days in jail, a $1500 fine, and a 1-year license suspension. V & T Law, ? 1192(1), 1193(1)(a).
10. Operating a Motor Vehicle After Consuming Alcohol While Under Age 21: Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, and a $125 charge to be imposed by a hearing officer, although the violation is not to be considered as "a judgment of conviction for a crime or any other offense." V & T Law ? 1192-a, 17.
http://info.hartwick.edu/student/handbook/alcohol_policy.shtml
