Underage Drinking

New York

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian

Internal possession is not explicitly prohibited.

Purchase is NOT prohibited and there is no specific allowance for youth purchase for law enforcement purposes.

New York does not have a statute that specifically prohibits purchase, but it does prohibit purchasing or attempting to purchase alcohol by using false evidence of age. See N.Y. Alco. Bev. Cont. Law § 65-b. APIS does not include laws with such limitations in the Purchase policy topic.

  • Beer: 18 for both servers and bartenders
  • Wine: 18 for both servers and bartenders
  • Spirits: 18 for both servers and bartenders
  • Beer: Not Specified
  • Wine: Not Specified
  • Spirits: 18

Condition(s) that must be met in order for an underage person to sell alcoholic beverages:

  • manager/supervisor is present

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting retailers:

  • State provides incentives to retailers who use electronic scanners that read birthdate and other information digitally encoded on valid identification cards
  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

No State-imposed liability for hosting underage drinking parties.