New York Minor in Possession Laws

Online Alcohol Class offers the most comprehensive online MIP instruction available in New York. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) web-based Minor in Possession and Minor in Consumption Classes.

Often students call us to inquire about the MIP laws in New York. As a courtesy, we've compiled the laws from every state and listed them below.

Please note that the New York MIP laws shown below are meant to assist help you to learn about your local New York laws. While we have tried to show the most up-to-date version of New York MIP laws, but we cannot guarantee its accuracy. This page is not a replacement for legal advice from a lawyer. It is in your best interest that you find a qualified lawyer for more information about New York minor in possession laws.

New York Minor In Possession Laws

New York Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Parent/guardian

New York Underage Consumption of Alcohol

Consumption is not explicitly prohibited.

New York Internal Possession by Minors

Internal possession is not explicitly prohibited.

New York Underage Purchase of Alcohol

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

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.

Furnishing Alcohol to Minors in New York

Furnishing is prohibited with NO EXCEPTIONS.

Minimum Ages for On-Premises Servers and Bartenders in New York

Beer: 18 for both servers and bartenders

Wine: 18 for both servers and bartenders

Spirits: 18 for both servers and bartenders

Minimum Ages for Off-Premises Sellers of Alcoholic Beverages in New York

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

False Identification for Obtaining Alcohol in New York

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through a judicial 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

Blood Alcohol Concentration (BAC) Limits and Underage Operators of Noncommercial Motor Vehicles in New York

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

Applies to drivers under age 21.

New York Retail Sales: Keg Registration

Keg definition: four or more gallons

Prohibited:

  • Possessing an unregistered, unlabeled keg - max. fine/jail: $450
  • Destroying the label on a keg - max. fine/jail: $450

Purchaser information collected:

  • Purchaser's name and address
  • Verified by a government-issued ID

Warning information to purchaser: active – purchaser action required (e.g., signature)

Deposit required: $50

Provisions do not specifically address disposable kegs

New York Underage Driving Privileges: Use/Lose

No use/lose law.

Prohibitions Against Hosting Underage Drinking Parties in New York

No State-imposed liability for hosting underage drinking parties.

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