Buying Alcohol In New York
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Alcohol laws of New York (or commonly Alcohol Beverage Control Law) are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age, the driving under the influence limit, liquor license requirements, server training, and more.
In New York, for purposes of state law, there are only four hours Monday through Saturday in which alcohol may not be served: 4:00 a.m. to 8:00 a.m. On Sundays the limitation is six hours: 4:00 a.m to 10:00 a.m. This was designed to accommodate both New York City nightlife and late-night workers statewide. Some upstate areas such as Buffalo, Albany, and Saratoga Springs retain the 4:00 a.m closing time, although individual counties are free to set an earlier \"last call.\" In Binghamton, this is at 3:00 a.m.; in Syracuse, Plattsburgh, Oneonta, Rochester and Watertown, bars close at 2:00 a.m.; and Elmira, Geneva, and Ithaca, have some of the earliest closing times in the state at 1 a.m. For a complete list of closing hours by county, see.[4]
The SLA does not permit establishments to allow patrons to \"B.Y.O.B.\" if the establishment does not have a license or permit to sell alcoholic beverages.[5] The only exception to this rule is that establishments with fewer than 20 seats can permit B.Y.O.B.[6][7] Nonetheless, the SLA does not have authority to take any direct action against an establishment that is not licensed with the SLA unless the establishment is currently applying, or will apply in the future, for a liquor license.[6]
State law prohibits dry counties. Individual cities and towns may choose to be dry. In the case of towns, the decision would also be binding on any villages within them. Cities and towns may become totally dry, forbidding any on- or off-premises alcohol sales, or partially dry by forbidding one or the other or applying those prohibitions only to beer or to wine and spirits.[12]
In response to the National Minimum Drinking Age Act in 1984, which reduced by up to 10% the federal highway funding of any state that did not have a minimum purchasing age of 21, the New York Legislature raised the drinking age from 19 to 21, effective December 1, 1985. (The drinking age had been 18 for many years before the first increase of the drinking age to 19, on December 4, 1982.) Persons under 21 are prohibited from purchasing alcohol or possessing alcohol with the intent to consume, unless the alcohol was given to that person by their parent or legal guardian. There is no law prohibiting persons under the age of 21 consuming alcohol that was given to them by their parent or legal guardian.[15] Persons under 21 are prohibited from having a blood alcohol level of 0.02% or higher while driving.[16][17]
Like every other state in the United States, driving under the influence is a crime in New York and is subject to a great number of regulations outside of the state's alcohol laws. New York's maximum blood alcohol level for driving is 0.08% for persons over the age of 21 and there is a \"zero tolerance\" policy for persons under 21. Minors caught with any alcohol in the blood (defined legally as 0.02% or more) are subject to license revocation for 6 months or more. Other penalties for drunken driving include fines, license suspension/revocation, possible imprisonment, and in some cases the implementation of an ignition interlock device. A lesser charge, driving with ability impaired (DWAI), may apply when a driver's BAC exceeds 0.05%.[18]
Research suggests that misdemeanor drunk driving offenses, but not felony drunk driving offenses, are related to county-based closing times for on-premises licensed venues.[19] Requirements for ignition interlock device's for first-time DWI offending introduced with Leandra's Law might explain why there was no relationship between alcohol availability and felony drunk driving offenses.
New York State has no law against being intoxicated from alcohol in public, but there is a law prohibiting other substances. Any person found under the influence of a substance other than alcohol in public who is endangering themselves and others is guilty under the New York State Penal Code. This also applies to those found under the influence and bothering others or damaging public or private property.[citation needed]
New York does not have any dry counties (as they are not able to make that decision). However, individual cities and towns are permitted to become totally dry, by forbidding any on- or off-premise alcohol sales, or partially dry by forbidding one or the other or by prohibiting only beer, wine or spirits. Currently there are a very limited number of dry towns in the state, most of which are rural areas in upstate New York.
The general rule in New York is that any employee who sells or handles alcoholic beverages must be at least 18 years of age. However, off-premise beer licensees (such as liquor stores, grocery stores or other vendors who sell alcohol for consumption off-site) may employ a person under 18 as a cashier (or to stock or handle deliveries or containers) as long as they are directly supervised and in the presence of a person 18 years old or older.
Any employee who sells, serves, dispenses or delivers alcoholic beverages can benefit from the Alcohol Training Awareness Program, including waiters and servers, bartenders and bar backs, cashiers and store owners.
Your license has been issued either to you individually, or as a principal in a partnership, corporation or limited liability company. You may not allow anyone but the entity named on the license and the principals disclosed to the Authority in the application to use the license. Only the licensed principals can exercise control over or profit from the sale of alcoholic beverages.
The Alcohol Training Awareness Program focuses on the legal responsibilities of selling alcohol and provides training in practical skills to help licensees and their employees avoid violations, including preventing sales to underage persons. The Authority recommends that all licensees and employees who serve or sell alcoholic beverages take an Alcohol Training Awareness Program. These trainings are not only an effective way to prevent underage sales but, in the event the Authority charges you with a violation, proof that your staff has participated in training may reduce the penalty imposed.
As a licensee, you are required to confine the service and consumption of alcoholic beverages to the area that is licensed. When you submitted your application, you provided the Authority with a description and diagram of that premises. You cannot use any unlicensed area for the sale or consumption of alcoholic beverages. If you want to use an area that is not already part of your licensed premises, you must submit an alteration application and obtain the Authority's approval.
This does not apply to private functions not opened to the public, such as weddings, banquets, or receptions, or other similar functions or to a package of food and beverages where the service of alcoholic beverages is incidental to the event or function.
In this instance, food does not include alcoholic beverages or carbonated beverages. At least 10 different food items must be eligible for purchase using Supplemental Nutrition Assistance Program (SNAP) benefits. Household items are defined as napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper towels and disposable plates and utensils. Personal health/hygiene items are defined as non-prescription drugs, hygiene products and toiletries.
Notes: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.
Driving while intoxicated is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions
Before you begin producing, distributing or selling alcoholic beverages in New York State, you must complete a number of licensing and registration requirements with both the Tax Department, as well as the State Liquor Authority (SLA).
The direct shipper must consent to be subject to all New York State laws, including the Tax Law, and the state where the out-of-state winery is located must afford New York State wineries similar privileges to ship wine into that state. As a distributor of alcoholic beverages, the direct wine shipper must generally file returns and pay the alcoholic beverages tax on the quantity of product sold in New York State on a monthly basis. For information on filing requirements, see Filing returns and paying tax.
If you receive any alcoholic beverages from a distributor under circumstances where tax has not been paid because federal law prevents New York State from collecting it, and you later sell or use the product in any nonexempt manner, you are required to pay any New York State and New York City taxes on those alcoholic beverages.
In this situation, the Tax Department will not impose the registration and bonding requirements that apply to distributors of alcoholic beverages who sell or use alcoholic beverages unless you sell or use liquor for commercial purposes.
You are required to be registered with the Tax Department for sales tax even if you are only producing alcoholic beverages that you intend to distribute to other wholesalers or retail locations. For additional information on sales tax registration see, Tax Bulletin How to Register for New York State Sales Tax (TB-ST-360).
If you are registered as a distributor of alcoholic beverages, you must file a tax return each month even if no tax is due. You may be eligible to elect to file on a c