Opn. No.

John A. Sarcone III, Esq. Informal Opinion Town Attorney No. 2005-14 Town of Eastchester 40 Mill Road Eastchester, NY 10709

Dear Mr. Sarcone:

Your predecessor asked whether the Eastchester Town Attorney's Office is empowered to prosecute violations of section 65-c of the Alcoholic Beverage Control Law ("ABC Law") or if the prosecutions must be handled by the county district attorney. Although there is some authority to the contrary, for the reasons discussed below, we are of the opinion that a violation of section 65-c constitutes a criminal offense subject to prosecution by the district…