Sunday, January 17, 2010

In ny city can a minor drink alcholin the presence of a parent or guardian present?

i believe that it states the parent or guardian is exempt from the rule. that is according to the ABC and Penal law. but im not sure. can someone clarify this 4 me?In ny city can a minor drink alcholin the presence of a parent or guardian present?
Several New York statutes address the issue of underage drinking. Under the Alcohol Beverage Control Law, a person may not sell alcohol to a person under age 21. ABC Law 搂 65(1).





Unlawfully Dealing with a Child





Similarly, in the Penal Law, the crime of Unlawfully dealing with a child 1st degree bars providing alcohol to a person under 21. Penal Law 搂 260.20(2).





It is no defense that the child acted as the agent or representative of another person, or that the defendant dealt with the child as such. Penal Law 搂 260.20(2). A couple of ';minor'; exceptions: the statute permits giving alcohol ';where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum.'; Penal Law 搂 260.20(2); see also, ABC Law 搂 65(5).





Additionally, the Penal Law ban does not apply to the parent or guardian of the minor.





A related offense, Unlawfully dealing with a child 2nd degree, addresses the situation of a person under age 16 who is present in an establishment where alcohol is provided. It, too, has a parent / guardian exception: no crime occurs if the child is accompanied by a parent, guardian or an authorized adult. Penal Law 搂 260.21(1)(a). See also, ABC Law 搂 100(2-b)(a).





Another statute addresses the issue of fake proof. ABC Law 搂 65-b(5) (suspension of driver license for using fake proof).In ny city can a minor drink alcholin the presence of a parent or guardian present?
In New York, state law prohibits minors from consuming alcohol. Period. There is no exception for supervised drinking and if you look around at the numbers of irresponsible parents you will understand why that is.
if a person is an underage drinker, at least on long island, the police can come and arrest the parents or guardian who's house the underage drinker is drinking in.
A Minor Drinking a alcoholic beverage is against the law period.

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