Drug-Free Campus Guidelines
Unlawful Possession of an Alcoholic Beverage with the Intent to Consume by Persons under the Age of 21 Years
(ABC Law Section 65-c)
- Except as hereinafter provided, no person under the age of 21 years shall possess any alcoholic beverage, as defined in this chapter, with the intent to consume such beverage.
- A person under the age of 21 years may possess any alcoholic beverage with the intent to consume if the alcoholic beverage is given:
- 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
- to the person under 21 years of age by that person’s parent or guardian.
- Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with the intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding $50 and/or completion of an alcohol awareness program and/or appropriate amount of community service not to exceed 30 hours.
- No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
- Whenever a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law shall observe a person under 21 years of age openly in possession of an alcoholic beverage, 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.
- Any alcoholic beverage seized in violation of this section is hereby declared a nuisance. The official to whom the beverage is delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the summons or earlier on five days notice to the official or departmental in possession of the beverage, apply to the court for return of that beverage. The court may order the beverage returned if it is determined that the return of the beverage would be in the interest of justice or that the beverage was improperly seized.
Pages in Drug-Free Campus Guidelines
- Drug-Free Campus Guidelines
- Policy Statement
- Standards of Conduct
- New York State and Federal Legal Sanctions
- Legal Sanctions Involving Alcohol in New York State
- New York State Alcoholic Beverage Control Law (ABC Law)
- Posting of Signs
- Unlawful Possession of an Alcoholic Beverage with the Intent to Consume by Persons under the Age of 21 Years
- New York General Obligations Law
- Driving While Intoxicated (DWI) and the Zero Tolerance Law in New York
- Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
- Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)
- Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances
- Health Risks
- Prevention, Treatment, and Support Services
- University Student Conduct Sanctions
- Contact Information