Alcoholic Beverage Control (ABC) Law
What this domain tests
The statutes a server can personally violate, and the civil statutes that run alongside them. NYSLA administers the ABC Law, and a three-member board (chair plus two commissioners) issues final decisions.
Core rules
- Sale to minors. No sale or delivery to a person under 21. A person is legal at 12:00 a.m. on the 21st birthday, not after the party.
- Visibly intoxicated persons. No sale to someone showing observable signs: slurred speech, unsteady gait, bloodshot eyes, fumbling money, loud or aggressive behavior. No BAC reading is required; what you can see and hear is the standard.
- Age defense. A good-faith check of a photo document that appeared valid supports an age defense. Expired, altered, or borrowed IDs do not automatically protect you, and vertical under-21 licenses are plainly marked.
- Premises misconduct. Disorderly premises, lewd conduct, gambling, drug activity, and failure to supervise are separate chargeable violations, independent of any sale.
- Hours. On-premises service defaults to 8:00 a.m. to 4:00 a.m. Monday through Saturday and 10:00 a.m. to 4:00 a.m. Sunday, unless local law or the license itself is stricter.
- Civil overlay. General Obligations Law 11-101 (Dram Shop) makes a seller liable for injuries caused by a knowingly served visibly intoxicated patron; GOL 11-100 covers sales to minors.
Worked example
A bartender serves four shots to a regular who is swaying and mispronouncing words. The guest drives and injures a cyclist. Two consequences follow: an SLA charge for serving a visibly intoxicated person, and a civil suit under GOL 11-101. The plaintiff must prove the sale was knowing, and the visible signs the bartender ignored supply that proof. If the guest had looked steady and spoken clearly, the civil claim would likely fail even though alcohol was served.
Traps
- Reading 'intoxicated' as falling-down drunk. Visible impairment is enough.
- Assuming a valid ID defeats an intoxication charge. It only addresses age.
- Ignoring the 4:00 a.m. cutoff because the door is still open.