Barnett v. O'Connell

The suspension of petitioner’s retail liquor license in Binghamton is based on a charge that a bottle of liqueur was sold on December 9, 1950, to a boy who three days before had become seventeen years of age. This is a violation of statute (Alcoholic Beverage Control Law, § 65).

The boy was then 5 feet 8% inches tall and weighed 144 pounds, but if he was “ actually ” under eighteen years of age a violation occurred. What he may have appeared to be is no defense. Every licensee has the statutory responsibility of seeing to it that sales of alcoholic beverages are not made to persons less than…