Article 4: Alcoholic Beverages, Alcoholic Beverage Control Law

All provisions of the New York State Alcoholic Beverage Control Law and all rules of the State Liquor Authority apply to the State University of New York at Buffalo. Special attention should be paid to the following regulations:

1. "Any person who misrepresents the age of a person under the age of twenty-one years for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense and upon conviction thereof shall be punished by a fine of not more than $200, or by imprisonment for not more than five days or by both such fine and imprisonment." (Alcoholic Beverage Control Law, Section 65-a)

2. "Any person under the age of twenty-one years who presents or offers to any licensee under the alcoholic beverage control law, or to the agent or employee of such a licensee, any written evidence of age which is false, fraudulent or not actually his or her own, for the purpose of purchasing or attempting to purchase any alcoholic beverage, may be arrested or summoned and be examined by a magistrate having jurisdiction on a charge of illegally purchasing or attempting to illegally purchase any alcoholic beverage. If a determination is made sustaining such charge the court or magistrate shall release such person on probation for a period of not exceeding one year, and may in addition impose a fine not exceeding one hundred dollars." (Alcoholic Beverage Control Law, Section 65-b)

3. "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. 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 courses which are 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." (Alcoholic Beverage Control Law, Section 65-c, subdivisions 1 and 2)

4. "Whenever a police officer as defined in subdivision thirty-four of section 1.10 of the criminal procedure law shall observe a person under the age of 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." (Alcoholic Beverage Control Law, Section 65-c, subdivision 5)

5. "No person licensed to sell alcoholic beverages shall suffer or permit any gambling on the licensed premises, or suffer or permit such premises to become disorderly. The use of the licensed premises, or any part thereof, for the sale of lottery tickets, playing of bingo or games of chance, or as a simulcast facility or simulcast theater pursuant to the racing, para-mutual wagering and breeding law, when duly authorized and lawfully conducted thereon, shall not constitute gambling within the meaning of this subdivision." (Alcoholic Beverage Control Law, Section 106, subdivision 6)

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