Alcohol laws of New York

The alcohol laws of New York are some of the most lenient in the Northeast, but are considerably more restrictive than in Illinois, Missouri, New Mexico, Arizona, and Louisiana.

Distribution

One of the most notable facts about New York State is that wine and spirits are required to be sold in dedicated liquor stores, while beer is required to be sold at supermarkets, gas stations, and convenience stores, thus creating a situation where a certain type of alcoholic beverage is banned from being sold in package stores, even though these stores are privately owned. New York State is not an alcoholic beverage control state.

New York state law provides that unless a municipality further restricts the times, beer can be sold 24 hours a day. Before 2006, there were only 5 hours out of the day in which alcohol could not be sold, which was Sunday mornings from 3am-8am, however, this law has been repealed. In general, the further away from New York City and from any major upstate city, the most restrictive the sale hours are. In New York City, beer can be sold 24/7, while Onondaga County, where Syracuse is, beer can only be sold from 8am-2am, and rural Steuben County, disallows beer sales after 1am and before 10am (11am on Sundays).

Sales of wine and liquor, however, are subject to stricter laws, with a midnight-9am ban on sales, weeknights and Saturdays, and a midnight-noon as well as after 9pm sales ban on Sundays.

On Premises Consumption

As per state law, there are only 4 hours out of the day in which alcohol may not be served, and that is 4am-8am all days. This is to accomodate New York City nightlife as well as late night workers. The 4am closing time is in effect in NYC, Buffalo, and Albany; however, some areas have an earlier last call, such as Syracuse and Rochester, which are at 2am, and Elmira, which has last call as early as 1am.

Drinking Age

The minimum age for purchase and public possession of alcohol in New York State is 21, however, there are no laws against minors consuming alcohol in a private setting.

Drunk Driving

The BAC limit is 0.08, under New York state law, the officer must prove that the defendant was driving over the limit in order for a DUI conviction to stand. Penalties include fines, license suspension, and possible imprisonment.