Alcohol laws of New York
Encyclopedia
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
are among the most lenient of any state in the Atlantic Northeast
Atlantic Northeast
The Atlantic Northeast, or Arcadia, is a region of North America, comprising New Hampshire, Vermont, Maine and the Canadian Maritimes. Definitions of the region vary; it may extend to upstate New York and/or all of Atlantic Canada....
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, but they remain considerably more restrictive than those of Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
(see alcohol laws of Missouri
Alcohol laws of Missouri
The alcohol laws of Missouri are among the most permissive in the United States when compared to other U.S. states, though Nevada's and Louisiana's are similar...
), Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, and Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
.
State Liquor Authority
The serving of alcohol in the State is ultimately governed by the State Liquor Authority which issues licenses and permits for the manufacture, wholesale distribution and retail sale of all alcoholic beverages; and regulates the trade and credit practices related to the sale and distribution of alcoholic beverages at wholesale and retail levels.For consumption on-premises
In New York, for the purposes of state law, there are only four hours out of each day of the week in which alcohol may not be served: 4:00 a.m. to 8:00 a.m. This was designed to accommodate New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
nightlife as well as late night workers statewide in general. Some upstate areas such as Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
, Albany
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
, and Saratoga Springs
Saratoga Springs, New York
Saratoga Springs, also known as simply Saratoga, is a city in Saratoga County, New York, United States. The population was 26,586 at the 2010 census. The name reflects the presence of mineral springs in the area. While the word "Saratoga" is known to be a corruption of a Native American name, ...
retain the 4am closing time although individual counties are free to set an earlier "last call." In Binghamton
Binghamton, New York
Binghamton is a city in the Southern Tier of New York in the United States. It is near the Pennsylvania border, in a bowl-shaped valley at the confluence of the Susquehanna and Chenango Rivers...
, this is at 3:00 a.m., in Syracuse
Syracuse, New York
Syracuse is a city in and the county seat of Onondaga County, New York, United States, the largest U.S. city with the name "Syracuse", and the fifth most populous city in the state. At the 2010 census, the city population was 145,170, and its metropolitan area had a population of 742,603...
, Plattsburgh
Plattsburgh (city), New York
Plattsburgh is a city in and county seat of Clinton County, New York, United States. The population was 19,989 at the 2010 census. The population of the unincorporated areas within the Town of Plattsburgh was 11,870 as of the 2010 census; making the population for the immediate, urban Plattsburgh,...
, Oneonta, and Rochester
Rochester, New York
Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
, bars close at 2:00 a.m., and Elmira
Elmira, New York
Elmira is a city in Chemung County, New York, USA. It is the principal city of the 'Elmira, New York Metropolitan Statistical Area' which encompasses Chemung County, New York. The population was 29,200 at the 2010 census. It is the county seat of Chemung County.The City of Elmira is located in...
, Geneva
Geneva, New York
Geneva is a city in Ontario and Seneca counties in the U.S. state of New York. The population was 13,617 at the 2000 census. Some claim it is named after the city and canton of Geneva in Switzerland. Others believe the name came from confusion over the letters in the word "Seneca" written in cursive...
, and Ithaca
Ithaca, New York
The city of Ithaca, is a city in upstate New York and the county seat of Tompkins County, as well as the largest community in the Ithaca-Tompkins County metropolitan area...
, have some of the earliest closing times in the state at 1 a.m. In some counties, Alcohol may not be served before 12 Noon on Sunday. For a complete list closing hours by county, see http://www.abc.state.ny.us/provisions-for-county-closing-hours.
Drinking age
In response to the National Minimum Drinking Age ActNational Minimum Drinking Age Act
The National Minimum Drinking Age Act of 1984 was passed on July 17, 1984 by the United States Congress as a mechanism whereby all states would become thereafter required to legislate the age of 21 years as a minimum age for purchasing and publicly possessing alcoholic beverages...
in 1984, which reduced by up to 10% the federal highway funding of any state which did not have a minimum purchasing age of 21, the New York Legislature
New York Legislature
The New York State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of New York. The New York Constitution does not designate an official term for the two houses together...
raised the drinking age from 19 to 21, effective December 1, 1985. (The drinking age had been 18 for many years before the first raise in 1982.) Persons under 21 are prohibited from purchasing or possessing alcohol, from consuming alcohol in public (though they may do so in the privacy of their own homes with consent of a legal guardian), or from having a blood alcohol level of more than 0.02% while driving.
Drunk driving
Like every other state in the United States, driving under the influence is a crime in New York, and is subject to a great number of regulations outside of the state's alcohol laws. New York's maximum blood alcohol level for driving is 0.08% for persons over the age of 21 and there is a "zero tolerance" policy for persons under 21. Minors caught with any alcohol in the blood (defined legally as 0.02% or more, presumably to avoid false positives) are subject to license revocation for 6 months or more. Other penalties for drunken driving include fines, license suspension/revocation, and possible imprisonment, and in some cases the implementation of an ignition interlock device. A lesser charge, driving with ability impaired (DWAI), may apply when a driver's BAC exceeds 0.05%.Hunting Under the Influence
Hunting while under the influence of drugs or alcohol is also illegal in New York State. This law is in place to protect other hunters and others in the area from the poor judgment of an intoxicated hunter. Anyone under suspicion of hunting while intoxicated will be subjected to a breath test and, if that’s positive, further chemical tests. Hunting while intoxicated is a misdemeanor, punishable by imprisonment in a state penitentiary or county jail for up to one year, by a fine less than $500, or both. In addition, you stand to lose your hunting license or permit for a period of up to two years.Public Intoxication
New York State has no law against being intoxicated from alcohol in publicPublic intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...
, but there is a law prohibiting other substances. Any person found under the influence of a substance other than alcohol in public who is endangering themselves and others is guilty of New York State Penal Code. This also applies to those found under the influence and bothering others or damaging public or private property. In addition it is illegal to have an open container of alcohol on a public sidewalk, road or park.
See also
- Sumptuary lawSumptuary lawSumptuary laws are laws that attempt to regulate habits of consumption. Black's Law Dictionary defines them as "Laws made for the purpose of restraining luxury or extravagance, particularly against inordinate expenditures in the matter of apparel, food, furniture, etc." Traditionally, they were...