Erin Wine & Liquor Store, Inc. v. O'Connell

Subdivision 1 of section 65 of the Alcoholic Beverage Control Law places upon the seller of alcoholic beverages the mandatory duty of not selling to any minor actually under the age of eighteen years. The proper interpretation and application of the law was well stated by the Appellate Division of the third department in Matter of Barnett v. O’Connell (279 App. Div. 449, 450) as follows: “Every licensee has the statutory responsibility of seeing to it that sales of alcoholic beverages are not made to persons less than eighteen years of age and assumes the risk of such sales.”

In my opinion…