Minor In Possession
Alco. Bev. Cont. Law § 65-c — a summons and a fine of up to $50, never an arrest, and not a conviction
Under twenty-one, with intent to drink. No one under twenty-one may possess an alcoholic beverage intending to drink it, unless a parent or guardian gave it to them, or it is given to a student for tasting in a required course of a curriculum the state education department licenses or registers.
A summons, not an arrest. A person charged may be summoned before a court, but the section does not authorize a police officer or peace officer to arrest anyone for it. An officer who sees the beverage openly possessed may take it.
If the charge is sustained, the court may impose a fine of up to $50, an alcohol awareness program, community service of up to thirty hours, or any of them together.
A finding under the section is not a conviction and does not make the person a criminal. It does not disqualify them from public office or public employment, or forfeit any right or license.
Sources for this section (1)
- Alco. Bev. Cont. Law § 65-c — Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.