Alcohol Beverage Control Law

Our firm represents individuals, businesses, parents, and minors who have been charged under the New York Alcoholic Beverage Control Law.

Businesses Charged with Selling or Serving Alcohol to Underage Persons

Alcohol Beverage Control Law §65

Our firm represents individuals and businesses licensed by the New York State Liquor Authority who are charged with a crime under the Alcohol Beverage Control Law.

Our firm represents bartenders, store clerks, and business owners who are charged with selling, delivering or giving away alcohol beverages to persons under the age of 21. Additionally, we represent individuals and businesses who serve or sell alcohol to a visibly intoxicate person or known habitual drunkard.

For business owners the sentence for this crime is fines up to $5,000 or revocation of the business’s liquor license.

Bartenders and store clerks may be sentenced to up to one year in jail and a $1,000 fine.

Our firm represents clients accused of violations of the Alcohol Beverage Control Law in administrative hearings before the state New York State Liquor Authority. We also represent businesses in the appeal of that hearing decision.

Businesses may also be liable if a person under the age of 21 leaves their establishment after consuming alcohol and causes property damage, personal injury or death.

If you or your business has been charged with selling alcohol to minors contact our firm as soon as possible for help.

Underage Persons Charged with Purchasing Alcohol with a Fake Identification

Alcoholic Beverage Control Law §65-b(1)(c)

Our firm represents clients who are charged with attempting to obtain alcohol with fake identification, such as a false or fraudulent written evidence of age or presenting another’s person written evidence of age. The sentence imposed for this crime is a fine and/or community service. The court may also require the completion of an alcohol awareness program.

Alcoholic Beverage Control Law §65-b(3)

Our firm represents clients who are charged with altering their driver’s license in an attempt to purchase alcohol. The sentence imposed for this crime is suspension of the driver’s license for 90 days.

Underage Persons Charged with Possession of Alcohol with Intent to Consume

Alcoholic Beverage Control Law §65-c

Our firm represents clients who are under the age of 21 and who possess an alcohol beverage with the intent to consume. The sentence imposed for this crime is a fine, completion of an alcohol awareness program and/or up to 30 hours of community service. The police officer or peace officer may confiscate and dispose of such alcohol. The law only permits the issuance of an appearance ticket, not a formal arrest. This charge is a violation, which will not give the person a criminal record.

Exceptions include:

  • Required education curriculum where alcohol is used for instructional purchased
  • Alcohol provided by person’s parent or guardian

Parents Charged with Providing Alcohol to Underage Persons

Alcohol Beverage Control Law §65

Our firm represents parents who have been charged with providing alcohol to a person under the age of 21, other than their own child. The sentence for this crime is 1 year in jail and/or a $1,000 fine. The parent may also be held civilly liable for property damage, physical injury or death which results from the underage child’s alcohol consumption.

Additionally, a parent may not purchase alcohol for their child to consume while within a bar or restaurant licensed by the New York State Liquor Authority.